Super Lawyer

Tag: Counsel

  • “As you evolve as an in-house legal counsel and chart your way towards the GC roles, it is important to pick up the best from your previous experience and apply it at your current workplace to amplify the learnings”- Abhijit Yadav, Legal Director, IndiaColgate-Palmolive (India) Ltd ·

    “As you evolve as an in-house legal counsel and chart your way towards the GC roles, it is important to pick up the best from your previous experience and apply it at your current workplace to amplify the learnings”- Abhijit Yadav, Legal Director, IndiaColgate-Palmolive (India) Ltd ·

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

    Can you share with us the pivotal moments or experiences that led you to pursue a career in law, particularly in the FMCG and Pharma industries?

    • I grew up in a small town in Ratnagiri district in the Konkan area known as ‘Chiplun’. Despite my father being a practicing advocate I never wanted to be a lawyer in the first place; in fact I had taken a vow that I will be anything but a lawyer. One of the reasons for my aversion to pursue law was his unavailability for us due to his active law practice and socio political activities. He is revered and respected for the kind of work he has done for the poor litigants and for uplifting the life of people at our ancestral village. However  during my childhood days I did not have full understanding and always ran away from the thought of following his footsteps. 
    • During school days I always used to be part of the class which used to be known as ‘good’ or having kids which are generally above ordinary. However there was nothing spectacularly great about myself. This continued till class 12 wherein I followed the herd mentality and did what was considered as ‘good’ and ‘intelligent’ but not necessarily ‘my calling’.
    • The pivotal moment came after my 12th Standard exams (which I pursued from science stream with both biology and mathematics as preferred subjects to do what was popularly known as keeping doors open for both medical and engineering courses). After my 12th exams I happened to read an extremely good article which emphasized building on your core strengths rather than weaknesses. The article mentioned about Sachin Tendalukar; how not everyone can be like him but at the same time how we can be ‘Sachin Tendulkar’ of our own field. Suddenly things became clear to me and forced myself to do honest introspection. I accepted the reality that I was not cut out for science stream and in fact had leanings towards language based subjects which I either did not realize or accept as a reality since it was not a very popular choice in the circle I used to feel I was part of. 
    • I decided to pursue law and applied for a five year LLB course at the only law school I had visited till that time during one of my previous summer vacations in Mumbai…the legendary Govt Law College, Mumbai in the year 2002.
    • Life changed 360 degrees after getting into law school. I loved my subjects and they loved me back..this had never happened during my science stream subjects. This further opened up my thought process and I naturally ended up putting more effort not only in my studies but also in extra curricular activities such as Moot courts. I was part of the Moot Court committee as well and participated actively in organizing National & International Moot Court Competitions. 
    • Transition from Chiplun to Mumbai was not easy in the initial days but I was fortunate to have formed some really good friendships which helped me settle down in Mumbai comfortably. After more than 2 decades those friendships have only grown over a period of time like an old wine.
    • Another pivotal event happened in the year 2007 during the campus interview rounds in our college. That year luckily we had companies like HUL and Marico participate in the placement rounds. To try my luck I participated in the placement rounds and was shortlisted for interviews by both these companies. I was selected by Marico and I happened to be the only one from that year’s batch to have been picked up by Marico. That was a very surreal moment in my life and I still remember the reactions from my family and friends who were really happy for me. That’s how my career in the FMCG industry started. 
    • Just like the way I was fortunate to get into pursuing law; I believe I was blessed to have started my in-house legal career with Marico. I learnt some of the best lessons needed to be learnt by a fresher regarding the profession and business both. After spending almost 4 years with Marico; I moved on to join L’Oreal as I was keen to have work exposure in a global MNC at that time.
    • With almost 10 years in the FMCG industry having dealt with Food and Cosmetics in detail, I was keen to explore and broaden my horizons. At the same time I did not want to explore a completely different sector from the perspective of  building my long term credentials in the Industry and hence when Sanofi approached I took up the opportunity as Pharma always appealed to me due to the complexities that a legal professional gets to handle. 

    With over 16 years of experience, you’ve navigated through various legal landscapes within the Indian Sub-continent. How do you approach the unique challenges presented by each industry you’ve worked in?

    • The legal landscape in each of the industries I have been associated with has been varied and full of its own unique challenges but doing the right thing at the right time with the right amount of effort has worked for me throughout my career so far. Not just the legal landscape but the working cultures have been different in each of the companies I had the opportunity of working… Indian, European and now US. 
    • All of us have a unique way of doing things but when we are working in a culturally and ethnically diverse organization, quick adaptability is important along with emphasis on putting organization interest at the forefront always. 

    Throughout your career, you’ve held significant roles in notable companies such as Colgate-Palmolive, Sanofi, L’Oreal, and Marico. How have these diverse experiences shaped your perspective on legal counsel within the corporate environment?

    • I consider myself fortunate to have started my career with Marico and not just that but with a legal team that was led by Mr Amit Rai (Director Legal- Bennett Coleman & Co- Times of India Group). Amit set the tone for my journey as an in-house legal counsel who works closely with business to understand its pulse and in fact works like a business lawyer. 
    • As you evolve as an in-house legal counsel and chart your way towards the GC roles, it is important to pick up the best from your previous experience and apply it at your current workplace to amplify the learnings. 
    • Luckily in all my stints so far I always got the opportunity to work on the most difficult transactions and situations which have helped me sharpen the saw with each set of experience I have had.   

    Given your extensive involvement in contract drafting, negotiations, and litigation management, could you share some strategies or best practices you’ve developed to ensure effective legal support for business operations?

    • Attention to detail is non negotiable for a lawyer. As an in-house counsel and especially in the FMCG space there are always too many things happening one at the same time. This is a very potent ground for missing the key details and hence mastering the artwork of prioritization and stakeholder expectation management is essential.
    • Building your own network of reliable lawyers and firms is extremely critical in high stake matters and situations.
    • There are a lot of things that we do not learn in law schools, drafting and negotiation skills are one of them which are extremely critical for good in-house legal counsel. There is a reason why our profession is termed as ‘practice’ for independent professionals and personally I do not consider myself any different when it comes to possessing these skill sets. We have to keep practicing and learning to ‘sharpen our saw’.    

    As someone who believes in working with an entrepreneurial mindset, how do you balance legal compliance with fostering innovation and growth within your respective organizations?

    • Focus on ‘doing the right thing’ for the organization and ‘zero tolerance for non-compliance’ helps you set the boundaries. Once you know your boundaries, understanding the opportunities to stretch your boundaries becomes much easier. 

    You’ve been instrumental in various initiatives such as setting up joint venturentities, launching new products, and resolving long-standing legal disputes. Can you walk us through a particularly challenging project or situation you’ve faced and how you approached it?

    • As an in-house legal counsel in the FMCG and Pharma industry you are always dealing with some or the other crisis. However I would like to share one of the experiences which really helped me shape my thought process very early during my career.
    • During my Marico days I was responsible for Food Adulteration Act (Now known as Food Safety Act)  Cases in the West And South region of India. There were multiple litigations and we needed concentrated efforts to close them. As a young lawyer I traveled to remote corners of Andhra Pradesh and Orissa (at times traveling through Naxal infested areas without even knowing about it). I learnt that at some of these places local lawyers were actually struggling or avoiding final hearings due to the sensitive nature of the PFA matters. We helped these lawyers with updated case laws and argument notes. As a result we were able to close at least 5 litigations in a year’s time. 
    • This experience taught me very early in my career about the value add we can bring as an in-house legal counsel in the litigation matters and since then I have always adopted this approach to work with my local lawyers across the country. 

    Throughout your career, you’ve received several recognitions and awards for your contributions, including the Chairman’s You Can Make a Difference Award and being recognized as a Game Changer. How do you stay motivated and continue to excel in your role despite the inevitable obstacles and setbacks?

    • I love what I do and hence the quantity of work load does not really bog me down. This is very interesting because at one point of time I seriously hated the thought of being a lawyer. My take away from this is that whatever happens in life happens for good and this attitude helps me keep a positive framework of mind and work better especially during challenging situations. I work with the principle of ‘deliver to delight’ which I learnt in Marico. My focus is to give my best in any given situation and my organizations have been kind enough to recognize my efforts. Last year I received 40 Under 40 by Legal Era and the award was picked up by my wife as I was traveling for work. My family is my biggest cheerleader and the one which keeps me grounded as well. My father is most difficult to please and has set very high standards for professional excellence.     

    Lastly, with your wealth of experience, what advice would you offer to law graduates aspiring to follow in your footsteps, particularly those interested in pursuing careers in corporate law within the FMCG and Pharma industries?

    • First and foremost; enjoy the 5 or 3 years of your law course..they are never going to come back again in your life.
    • Spend time on understanding your subjects; if the foundation is good the building can get taller and taller.
    • It’s better to spend time in the library than doing an internship for the sake of it.
    • People know where you stand on the subject matter expertise in the first 2-3 mins of your conversation. Spend time on building your expertise and your communication skills. That’s your bread and butter for life as a lawyer.
    • Lastly, I would like to share that we are all unique in our own ways. We should strive to find that unique quality and build on our strength rather than weakness.  

    Get in touch with Abhijit Yadav-

  • “I believe we should have an institute or organization for in-house legal counsel, similar to those for other professions”- Saagar Gaikwad, In-house legal counsel at Bayer Crop Science

    “I believe we should have an institute or organization for in-house legal counsel, similar to those for other professions”- Saagar Gaikwad, In-house legal counsel at Bayer Crop Science

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

    Can you share what initially inspired you to pursue a career in law and how your journey began?

    By a stroke of fate, I found myself on the path to becoming a lawyer just a day before my 12th-grade results. It was a decision made by my father and sister to guide me towards law instead of medicine. Little did I know that this unexpected turn would lead me to a remarkable legal journey.  Was fortunate to meet some great people and books in the legal field.

    I pursued a Bachelor of Laws degree from Shivaji University in Sangli, Maharashtra. Subsequently, I pursued a Master of Laws in Business Law at Symbiosis Law School, where I had enriching experiences such as internships with the Competition Commission of India, contributing to international publications, and engaging in advanced legal research.

    My time at Symbiosis Law School marked the beginning of a remarkable professional journey. I ventured into the corporate sphere, contributing to esteemed organizations such as Kirloskar Brothers Limited, John Deere India, Thermax Limited, and now, Bayer CropScience. Also got the opportunity to work with some great managers.

    Your career spans various notable companies and roles. Can you walk us through the major milestones and transitions in your professional journey?

    Well, there are many, but few are very special, like high stake arbitrations against dealers, NGO’s or PSU’s where you work hard and obtain favourable orders for your company. Arbitration requires continuance focus, as these matters are not time bound and will finish quickly.

    Also implementing a compliances tool from scratch for manufacturing sites, establishments and EPC sites was a great learning experience. Further, implementation of new legislations like HSRP, EPR, Legal Metrology Packaging Rules too enriching experience. Last year I received an award by Legasis for ‘40 Under 40’.

    I started my corporate journey with a capital goods manufacturing and EPC company, where I delved into the intricacies of commercial contracts, navigated complex real estate issues, and delved into the realm of Patents and Trademarks. This experience laid the groundwork for my subsequent endeavors, as I transitioned to an automobile company, where I gained invaluable insights into legal operations, statutory compliances, MACT and labour cases, advising on employment laws, and the complex web of EHS regulations.

    In my subsequent roles within the power/renewable sector, I found myself immersed in a range of commercial disputes spanning India and various regions across the globe. This journey also brought me face to face with the complexities of MSME and IBC issues, enriching my understanding of the multifaceted legal landscape.

    Currently, I stand as a Legal Business Partner for Legal Operations, overseeing sites and their litigations, navigating the contracts, and ensuring adherence to employment laws and EHS regulations.

    As the Legal Business Partner at Bayer CropScience, what are some of the key responsibilities and challenges you face in leading legal operations in India?

    The role of a Legal Business Partner is to serve as a strategic advisor and collaborator within a business, working closely with various stakeholders. Being a part manufacturing site’s leadership team- understand business needs, collaborate and advise on varieties of issues like License to operate, show cause notices from Govt. authorities, leading arbitration/litigation, dealing with complex real estate issues, negotiating commercial contracts & compliances advice.

    India Legal operations have unique challenges- first, Regulatory Complexity- Navigating the intricate web of laws and regulations at the national, state, and local levels, as well as the dynamic nature of regulatory changes, can pose significant challenges for legal operations. Second, Compliance Management-Ensuring real time compliance with a wide array of statutory and regulatory requirements, including labor laws, environmental regulations, tax laws, and industry-specific regulations, requires robust compliance management systems and processes.

    You have many notable achievements in resolving high-stake litigation. Can you tell us more about these experiences and what they entailed?

    It was a profound experience. It demands a strong legal strategy. Further, it involves analyzing complex legal issues, anticipating opposing arguments and being ready with counter strategy. Being an in-house counsel you have to explain the complex business issue to the lawyer in a simple way and explain complex legal issues to business in a simple way, that is the advantage of being an inhouse counsel. It will also teach you  resilience in intense pressure, tight deadlines, and the need to maintain composure. Being a meditation teacher is an advantage.

    You will soon find that the reward for good work is more work.

    However,  I personally believe that litigation and arbitration are expensive, and the recent Mediation Act will  play an important role in future legal disputes.

    Given your extensive experience in various sectors like agriculture, renewable energy, and manufacturing, what are some unique legal challenges you’ve encountered in these industries?

    In any manufacturing industry, more or less, 3 tasks are always there, 1. Employment Laws: Adhering to labor laws, industrial relations, and employment regulations, including issues related to labor disputes, contract labor, and workplace safety, presents legal challenges for manufacturing industries. 2. Product Liability and Consumer Protection: Managing product liability risks, compliance with consumer protection laws, and addressing consumer grievances and product safety standards are critical legal considerations for manufacturers. 3. Environmental Compliance and Pollution Control: Ensuring compliance with environmental laws, pollution control norms, hazardous waste management, and addressing industrial pollution concerns are significant legal challenges for manufacturing entities.

    This is not about legal operations, but I believe we should have an institute or organization for in-house legal counsel, similar to those for other professions. This would help in the growth and development of in-house legal counsel.

    Compliance with regulatory requirements is a critical part of your role. How do you ensure that your company stays ahead of regulatory changes and maintains compliance across various legal domains?

    Technology plays an important role here. We have good numbers of compliance management tools in India, which monitor thousands of compliances and hundreds of legislations in real time.  Further, the tool needs to be updated with the latest legislation. In my personal opinion no tool will work on its own, it is people who make the tool work. The success of a tool will depend on how simple and convenient the tool is. Also, we need to acknowledge employees’ efforts on compliances and compliance needs to be celebrated.

    Shifting gears, GenAI has the potential to significantly impact legal compliances, it can predict and monitor compliance trends, anticipate regulatory changes, automated compliance reporting and provide Compliance Training.  Inhouse counsel needs to take the advantage of the GenAI, my current organization offers a ‘Prompt engineering’ course to employees.

    Finally, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially those interested in working in-house within corporate legal departments?

    In corporate you need to have Business Acumen, understanding the broader business context, including financial implications, risk management and strategic decision-making. You also need meaningful collaboration. Start your journey being a generalist and then move to specialist. And keep enrolling to new courses/programs.

    Get in touch with Saagar Gaikwad-

  • An Untold story of a lawyer Hasan Yaqoob, Director- Corporate Affairs at InMobi Group who is now renowned name of corporate world

    An Untold story of a lawyer Hasan Yaqoob, Director- Corporate Affairs at InMobi Group who is now renowned name of corporate world

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

    You’ve had an illustrious career spanning various sectors including telecommunications, e-commerce, and disaster management. What initially drew you to the field of law, and how has your legal background influenced your approach to corporate affairs and public policy?

    Two decades back I started my career as a lawyer from Lucknow Session court under the senior ship of Advocate Askari Anwar known for his legal intelligencia and criminal trials in Judiciary. Got my first case of a poor boy who was in judicial custody for a month as his widow mother had no money & resources to help his 18 years old son arrested for the scuffle during a cricket match with the son of an influential local municipal corporator. Advocated the case in court and bailed him out on the first hearing for which I got the Prasad of Hanuman Mandir and blessings from the mother of my client as the legal fee of my first case.

    It is pertinent to mention that I got the legal fraternity in legacy, my grandfather and father were both prominent lawyers of their times. My father Late Haider Yaqoob Advocate was known as the legal pillar of the Medical health department, Govt of UP having expertise in service and waqf laws. Continuing my rich legal legacy I appeared in several matters in Hon’ble High court, Lucknow bench and set the new success stories specially in cyber laws cases with the rapid relief to my clients.

    In 2006, I started getting the cases from the corporate organisations & got the opportunity to set the new benchmarks of success. I was the pioneer of telecommunication Lok Adalat, by organising the first Lok Adalat in Lucknow to resolve the recovery cases of Reliance communication pending since long.

    Noticing legal acumen and rapid legal remedials I was approached by Mr Anil Ambani’s office directly and has been offered to join Reliance Communication as legal Manager for Uttar Pradesh. After several brainstorming sessions with my family and seniors in the fraternity I stepped into the corporate domain and joined RCOM.

    During the job era in Reliance, created a large network of lawyers covering all the districts of Uttar Pradesh and delivered remarkable results in the telecommunication domain which resulted in the garnering of additional new responsibilities of Corporate & Government affairs in the organisation. Utilising the legal acumen rapid results could be delivered in consumer forum, State Commission, NI Act, Recovery suits, Labour cases and matters related to IPC etc.

    Later on, I was offered a job by several corporate houses and have worked with Tikona Digital networks , Reliance Jio, Vodafone Idea, Walmart’s Flipkart, Inmobi Group.

    As a leader in both the Legal & corporate sectors, you’ve played a pivotal role in bringing about positive change in Uttar Pradesh. What advice would you offer to aspiring professionals looking to make a similar impact in their communities, especially fresh Law graduates & Lawyers to enter in corporate affairs careers?

    I believe that transitioning from a legal career to corporate affairs can be a natural progression for lawyers looking to broaden their skill set and explore new avenues within the business world. Corporate affairs professionals play a crucial role in managing an organization’s relationships with stakeholders, shaping its public image, and navigating complex regulatory landscapes.

    Lawyers bring valuable skills to this role, including legal expertise, analytical thinking, and the ability to navigate intricate regulatory frameworks. They may leverage their understanding of laws and regulations to ensure the company complies with relevant requirements and mitigate legal risks. Additionally, their experience in contract negotiation, dispute resolution, and problem-solving can be beneficial in addressing various challenges that arise in corporate affairs.

    Transitioning to corporate affairs may involve acquiring additional skills such as communications, public relations, and strategic planning. Networking, professional development opportunities, and gaining practical experience in corporate settings can help lawyers successfully make this transition. Overall, the move from a legal career to corporate affairs offers lawyers a chance to apply their skills in new ways and contribute to the success of organizations in different capacities.

    Throw some light on how you have been instrumental in leveraging telecom, e-commerce platforms to empower artisans and MSMEs & overall society in Uttar Pradesh, thereby contributing to entrepreneurship and women’s empowerment. What strategies do you believe are crucial for ensuring the sustained growth for the society through corporate initiatives?

    Other than my regular job practices, I always focus on bringing transformation in society by changing the livelihood of common men, empowering women and introducing sustainability models by virtue of corporate domain resources.

    I am glad to share that using  personal connections and intervention in the corporate world more than one thousand youth of Uttar Pradesh have been employed in different corporate companies so far.

    Played a prominent role in changing the livelihood of thousands of artisans & MSMEs of Uttar Pradesh by supporting them through E-commerce platforms which expanded their reach nationwide and increased their products visibility and revenue in high numbers, promoted entrepreneurship and women empowerment.

    Using my E-commerce strength, also gave a new height to UP ODOP program through Online digital selling of ODOP products, I was instrumental in boosting the sale of ODOP products in thousands of crores which was appreciated by hon’ble Prime Minister Modi during GIS 2022 at IGP Lucknow, ODOP products sale on Flipkart is only more than 2500 crore in last 3 years. Also developed a dedicated ODOP & Khadi storefronts for online sale with worldwide access. This initiative was appreciated by Hon’ble CM Yogi and Defence Minister Shri Rajnath Singh as well.

    I also supported the farmers and agriculture system of Uttar Pradesh by doing the capacity building and making farmers Samarth for showcasing, expanding their agriculture business at national level by the help of online platforms and opportunities.

    I opine that society development through corporate excellence and initiatives involves leveraging the resources, influence, and innovation capabilities of corporations to address social challenges and contribute to the overall well-being of communities. Here are some ways this can be achieved:

    1. Corporate Social Responsibility (CSR) Programs:-
    Education and Skill Development: Companies can invest in educational initiatives, providing scholarships, building schools, and offering vocational training to improve local workforce skills.
    Healthcare Initiatives: Corporations can support healthcare by funding hospitals, running health camps, and promoting health awareness programs.
    Environmental Sustainability: Implementing eco-friendly practices and supporting environmental conservation projects can help tackle issues like climate change and pollution.

    2. Inclusive Business Practices:
    Fair Trade and Ethical Sourcing: Ensuring fair wages and safe working conditions in supply chains supports economic development and reduces poverty.
    Local Hiring and Procurement: Prioritizing local hiring and sourcing from local businesses can boost local economies and create job opportunities.

    3. Innovation and Technology:
    Tech for Good: Developing and deploying technologies that address social issues, such as renewable energy solutions, healthcare innovations, and educational tools, can drive societal progress.
    Research and Development (R&D): Investing in R&D for products and services that meet the needs of underserved communities.

    4. Public-Private Partnerships:
    Collaborating with governments and NGOs to implement large-scale development projects, such as infrastructure development, public health campaigns, and educational reforms.

    5. Philanthropy and Corporate Foundations:
    Establishing corporate foundations that focus on specific societal issues, providing grants, and supporting non-profits and community-based organizations.

    6. Employee Engagement:
    Encouraging and facilitating employee volunteerism, where employees contribute their time and skills to community projects and initiatives.

    7. Sustainable Business Practices:
    Implementing sustainability practices that reduce environmental impact and promote long-term ecological balance, benefiting both the company and society.

    8. Impact Investing: Investing in social enterprises and projects that aim to generate both financial returns and positive social impacts, such as affordable housing, clean energy, and sustainable agriculture.

    9. Advocacy and Leadership:
    Using corporate influence to advocate for policies and regulations that promote social equity, environmental protection, and economic inclusivity.

    By integrating these strategies into their core operations, corporations can play a pivotal role in societal development, creating a positive impact that extends beyond their immediate business interests.

    Your role in supporting the government’s response to the COVID-19 pandemic, including sourcing essential medical supplies and arranging transportation, demonstrates a unique intersection of corporate and social responsibility. Could you share some insights into how corporate entities can effectively collaborate with government bodies during crises like the pandemic?

    During covid times using corporate excellence and connects, we as a team acted as a support system for the government and society, hundreds of Modern Ventilators, Oxygen concentrators, numerous Oxygen plants, lakhs of PPE kits, N95 masks and other preventive goods were arranged by us through different corporate houses which saved the lives of people in large numbers. We played the role of saviour by the arrangements of dedicated commercial aircraft which bought covid goods from the foreign lands to India.

    Corporate entities can support government efforts during a crisis through a variety of proactive and strategic initiatives. Here are several ways they can come forward:

    Financial Contributions and Donations, Providing Goods and Services, Essential Supplies, Critical services like telecommunications, transportation, and healthcare support at no cost or reduced rates, Logistical and Operational Support, Supply Chain and Distribution, Facility Use – Make company facilities available for emergency use, such as converting office spaces into temporary shelters or medical facilities, Technological Assistance, IT Infrastructure-Provide technological infrastructure and support, such as cloud services, data analytics, and cybersecurity measures, to help manage crisis response.
    Innovation and Development – Develop and deploy technology solutions, such as apps for crisis communication, contact tracing, or resource allocation, Human Resources and Expertise, Skilled Volunteers Consultation and Training, Public-Private Partnerships, Community Engagement and Support, Awareness Campaigns, Research and Development- Innovative Solutions: Invest in R&D to develop new technologies and solutions that can aid in crisis management and recovery. This includes everything from medical research to environmental technologies, Corporate Social Responsibility (CSR) Initiatives- Crisis Focused CSR-  Integrate crisis support and disaster relief into CSR programs, ensuring sustained engagement and support during and after crises .
    By taking these few steps, corporate entities can significantly bolster governmental efforts during crises, leveraging their resources, expertise, and infrastructure to provide comprehensive and effective support.

    Your advocacy for environmental sustainability, including your initiatives like installing anti-pollution air purifiers near the Taj Mahal, highlights the importance of corporate leadership in addressing pressing societal issues. How can corporations effectively balance profitability with environmental stewardship?

    Sustainable Practices by corporate organisation is a mandate of late,  Promotion of sustainability and resilience in business operations helps to mitigate future crises, particularly those related to environmental and climate-related challenges.

    Adopting sustainability practices in business operations offers numerous benefits to corporations, including:-

    1. Cost Savings: Sustainable practices like energy efficiency, waste reduction, and resource optimization can significantly lower operating costs over time.
    2. Brand Reputation: Companies committed to sustainability can enhance their brand image and attract customers who prioritize environmental and social responsibility.
    3. Regulatory Compliance: Proactively adopting sustainable practices helps businesses stay ahead of environmental regulations, reducing the risk of fines and legal issues.
    4. Competitive Advantage: Sustainability can differentiate a company from its competitors, appealing to a growing market segment that values ethical practices.
    5. Employee Engagement: A commitment to sustainability can boost employee morale and attract talent, as many workers prefer to be associated with socially responsible companies.
    6. Investment Attraction: Investors are increasingly looking for sustainable businesses, as these are often seen as lower risk and more future-proof.
    7. Innovation and Efficiency: Sustainability initiatives can drive innovation, leading to the development of new products and services and improving operational efficiencies.
    8. Risk Management: Sustainable practices can help mitigate risks related to resource scarcity, supply chain disruptions, and climate change impacts.
    9. Long-term Viability: By focusing on sustainability, companies ensure they are not depleting resources needed for future operations, supporting long-term business success.

    These benefits collectively contribute to a more resilient, profitable, and socially responsible business model.

    With your extensive experience in corporate affairs and public policy, particularly in the realm of telecom, e-commerce and AI domain, what are your inputs and suggestions to make Uttar Pradesh as an AI & Digital hub of nation ?

    Firstly thanks to the Government of UP for notifying the UPAI committee consisting AI experts from different tech companies to be part of the AI journey in Uttar Pradesh. Furthermore, We need to create an AI ecosystem in Uttar Pradesh and transforming Lucknow into an AI-powered city requires a multi-faceted approach involving government, industry, academia, and the public. Here are some key initiatives that could help achieve this vision:-

    Establishment of AI COE in Lucknow.

    Education and Skill Development centre for AI ,AI-focused Curriculum: Integrate AI and data science courses into the educational curricula of schools, colleges, and universities.

    Training Programs: Launch vocational training programs to reskill the existing workforce in AI technologies.

    Research Centers: Establish AI research institutes in collaboration with top educational institutions to foster innovation and development.

    Policy and Regulation: AI Policy Framework: Develop a comprehensive AI policy framework to guide the ethical and sustainable use of AI technologies.

    Industry Collaboration: Public-Private Partnerships: Encourage partnerships between the government and private sector to fund and develop AI projects.

    Start-up Ecosystem: Create a conducive environment for AI start-ups through incubators, accelerators, and funding opportunities.

    By undertaking these initiatives, Uttar Pradesh can pave the way to becoming a leading AI state, enhancing the quality of life for its residents and positioning itself as a hub for technological innovation.

    Lastly, tell us about your legal, corporate journey and what honorary positions you are holding in the government domain? And drawing from your rich and diverse experiences, what advice would you give to recent law graduates or young professionals aspiring to pursue a career path similar to yours, particularly in navigating the complexities of corporate affairs and public policy while staying true to their values and principles?

    I am currently serving as the Director Corporate Affairs, in Inmobi group, India’s first unicorn and now a double unicorn with Glance also notching up incredible growth in less than two years since its inception. Have held leadership positions in north India leading telecoms, E-commerce companies, industry bodies, chambers and as a think tank. Currently Chairman of UP E-commerce & logistics council, Honorary advisor to District Disaster Management Authority, LKO, Govt of UP & Advisory Member on AI -I T & Electronics Department, Govt of UP.

    Holds Masters in Human Resource management, bachelor in Laws, Journalism experiences, my penned down articles widely published and a leading voice for developing countries and emerging economies on digital economy, global markets, deepening democracy, political economy, media ecology, disruptive technology, regulatory affairs and public policy. My interest is only to  serve the nation through my Corporate excellence as my professional expertise has always directed towards serving both people and the state, signifying a commitment to social responsibility and community welfare. By fostering legal acumen, ethical business practices, prioritizing employment of youths & well-being, and actively engaging in philanthropy, have contributed in societal development of state. My approach has led to economic success with broader social and governmental objectives, creating a harmonious balance between corporate growth and public welfare. Have been admired by Hon’ble Governor of UP, Deputy CM, Several Ministers and Govt stakeholders at several instances for his dedicated contributions for the upliftment of state and bringing glory to Uttar Pradesh through his corporate excellence!!

    Answering the second part of the question, I think building a career in corporate affairs while maintaining ethics, principles, and values involves a multifaceted approach. Here are some key strategies to help youths in achieving this:

    1. Professional Integrity:

       – Adherence to Ethics: Always adhere to a personal code of ethics and the ethical guidelines of your profession.

       – Transparency: Be transparent in your communications and actions. Build trust by being honest and straightforward.

       – Conflict of Interest: Avoid situations where personal interests might conflict with professional responsibilities.

    2. Building Relationships:

       – Networking: Build a network of like-minded professionals who value ethics and integrity.

       – Mentorship: Seek mentors who exemplify ethical leadership and can guide you in your career.

       – Stakeholder Engagement: Engage with stakeholders ethically, ensuring their needs and concerns are addressed fairly.

    3. Corporate Governance:

       – Best Practices: Advocate for and implement best practices in corporate governance within your organization.

       – Policy Development: Develop and enforce policies that promote ethical behaviour and compliance with laws and regulations.

       – Ethical Leadership: Lead by example, demonstrating ethical behaviour in all professional activities.

    4. Ethical Decision-Making:

       – Decision Frameworks: Use ethical frameworks and decision-making models to guide your actions.

       – Long-term Perspective: Focus on long-term benefits rather than short-term gains, ensuring decisions are sustainable and ethical.

       – Accountability: Hold yourself and others accountable for ethical behaviour. Encourage a culture of accountability within your organization.

    5. Communication Skills:

       – Clear Communication: Communicate clearly and honestly with all stakeholders.

       – Crisis Management: Handle crises ethically, ensuring transparent communication         and accountability.

       – Reputation Management: Maintain and protect the organization’s reputation through ethical practices.

    6. Regulatory Compliance:- Stay Informed: Keep up-to-date with relevant laws, regulations, and industry standards.

    By integrating these strategies into your career development, you can build a successful career in corporate affairs while maintaining your ethics, principles, and values. Remember, consistency in ethical behaviour not only builds personal integrity but also fosters a trustworthy and sustainable business environment.

    Get in touch with Hasan Yaqoob-

  • “All the three stages- compliance, crisis management and strategic advisory – can be achieved one after another with strategic advisory being the most important and comes last in the sequence”- Atul Juvle, Managing Partner, Ap2 LEGAL CONSULTING LLP 

    “All the three stages- compliance, crisis management and strategic advisory – can be achieved one after another with strategic advisory being the most important and comes last in the sequence”- Atul Juvle, Managing Partner, Ap2 LEGAL CONSULTING LLP 

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

    You’ve had an illustrious career spanning various industries and companies. What initially drew you towards the legal profession, and how did you navigate your way through different sectors over the years?

    I finished my banking qualification because I wanted to pursue a career in banking operations. While studying for the same  I fell in love with the laws governing forex transactions and the legal decisions made by the courts that impact bankers. This motivated me to finish FCS after LLB. I kind of fell into the legal field by accident. Over time, I became permanently married to legal compliance due to complexities and problems. 

    I have experimented with a variety of business sectors because I love challenges and dislike things as they are. My courageous nature, which I developed by exposure to and experiences gained on the job, has also contributed to my success in adapting and delivering in several organizations. Yes, my wife has given me a lot of support throughout my endeavours, which has inspired me to keep going even now. 

    With your extensive experience in both civil and criminal legal matters, as well as crisis management, could you share some insights into how you approach handling high-stakes matters, or complex legal disputes?

    There are three stages when GC gets  involved (1) from the beginning (2) after trying all the methods to correct the situation (3) this may be part of legacy issues, when you join a new organisation. 

    Based on experiences, I have developed a procedure based strategic approach to handle high stake matters. Whatever may be the stage, when we get involved, the first step is always buying enough time from business or judiciary, under any pretext, to prepare well before getting into filing of legal proceedings or start proceedings before authority (when we got in the matter at proceedings stage) in a high-stakes, complex legal issues. Conduct a thorough internal evaluation review of the matter, not only on the basis of documents but also in consultation with the operational managers directly involved in the matter. Create a SWOT analysis of the situation. The matter’s advantages, disadvantages, opportunities, and threats. Create a plan of action and get going. Be flexible for a few surprises from the opposite side, which may provide threats or weaknesses. Remember to leave the door open for dialogue or informal mediation after filing for legal action. 

    Given your roles in compliance and governance, including ensuring statutory compliances for offices and factories pan India, what strategies have you found most effective in maintaining adherence to regulatory standards across diverse business environments?

    There is no Strategy but a Process, for ensuring a satisfactory compliance system in the organisation.  The written down process with identified process owners, has to be followed religiously. A repository of applicable laws and rules must be established, and when changes occur, one designated individual must be responsible for updating the repository. The repository must be updated with the modifications, and all affected process owners must be notified. Every month, the database must be updated to include compliances, delayed compliances, and failed compliances. The organisation has to promote a “Speak-Up” culture, and reliance and dependence on the same should be prioritized over database reports.  The non-reporting, if any, should be dealt seriously and firmly.  I am blessed to have good teammates in every organisation who followed the process religiously and helped me  to be successful in managing compliances. 

    I will never forget 2010-11, when in one business sector there were more than 90 circulars in one year and only because of dependable team-mates, I could communicate and implement them successfully in the system. 

    You’ve been recognized as a leader in legal ethics and compliance. How do you instill a culture of integrity and ethical behavior within the organizations you’ve worked with, especially considering the diverse cultural and operational landscapes?

    The basic rules of integrity and ethical behaviour does not defer with diverse businesses / operational landscapes or different sets of management.   I am lucky to have worked with businesses, who respect ethical business practices. 

    “Yatha Raja, Tatha Praja’.  The Integrity culture starts with tone from the top.  Integrity is behaving right when no one watches.  The employee follows the leaders. So, senior managers must be role models. The second important step is having a written down policy in the company, which clarifies and codifies the standards, rules and expectations.  The third rule is dealing with violations, without making any exceptions, with warnings, sanctions and sometimes drastic sanctions like termination.  Fourth and last rule is encouraging a speak-up culture.  We also call it the whistle-blower system but it works well when it’s formal as well as informal. If we follow all these rules consistently, integrity and ethical behaviour becomes part of business operations. 

    Your expertise extends to transactions such as M&A and restructuring. What key factors do you consider when advising on such strategic decisions, and how do you balance legal requirements with business objectives?

    M&A and restructuring are two big topics and very difficult to answer it together in short.  I would prefer to share experiences on restructuring because it’s a common activity for a good number of companies and also aligning legal requirements with business objectives are more challenging in restructuring.

    Restructuring involves closing of branches / sale of factories / optimisation of labour force etc. Cost of such projects is perceived as a loss. Handling human angles and related risks and challenges is the first concern. Identifying the external support agencies is necessary to avoid last minute running around, when any angle needs care and cure.   Confidentiality is the most important key factor and it starts from the stage of conceptualisation itself.  I remember in one crucial transaction, we as a team didn’t attend the office for two weeks and even not used company cars and regular drivers.    Complete detailed information about the project.  Identification of risk/trouble pointers and resolution strategy to mitigate the same.   Ensuring 100% compliance with the applicable regulatory provisions, to avoid any surprises from the Regulator.  Handling tough decisions with human touch always helps to mitigate the pains.  Focussed attention, 100% compliant process driven activity, taking care of surprises at the first stage. 

    Could you elaborate on your experience in crisis management, particularly in handling fatal accidents and other critical incidents? How do you approach these situations from a legal and strategic standpoint?

    My first accident handling experience was a troublesome experience, but then I started developing a process based on learning.  Strategy in theory and in real life situations differs vastly.   My learning notes helped me to develop the process.  Eventually later I also got training in crisis management, which helped me to excel in more careful handling of such situations. 

    In case of a fatal accident, the first three days are critical.  Initial communication, immediate financial & emotional support to the victim’s family, cooperation with the regulatory authorities, Police and responses to the media are the major areas.  Seven points, one has to keep in mind in the first 24 hours and then follow the same for another two days.  (1) Minute verification of facts. Zero room for guess work / assumption on the incident background. (2) Emotional and financial support to family without any acceptance of fault- until the same is verified with the facts. (3) Responses to regulatory and media, only after double verification of facts.  While handling media – Reading or releasing written statements- If we buy time, we strictly honour commitment.  ‘No Response’ is an absolutely BAD response. (4) Review carefully the documents and responses submitted to Police (5) Complete the Incident report filing with the applicable regulatory authorities well within time. (normally it’s 24 hours) (6) Estimating loss, Insurance claim possibility. Intimation to Insurance companies. (7) Start parallelly root cause analysis and corrective action to avoid repetition.

    As someone deeply involved in drafting and vetting agreements, what are some common pitfalls you’ve observed in contract negotiations, and how do you mitigate risks while ensuring favourable outcomes for your organization?

    In any contract there are 5-6 clauses that need attention, discussion and negotiations to have a fair contract between both the parties.  But a good number of times the Client has the upper hand and it becomes a difficult decision on whether to accept the project or not?   And Management wants to go ahead with the business decision.  Sometimes the project has strategic importance, too. In some cases, organisations want to accept the project with all the risks as a strategic plan.   In such cases only option is risk evaluation, built in safety measures, estimate and include cost plus insurance.  In simple terms when risks are not avoidable, the option is to accept, create buffers in terms of process as well as cost and transfer risk as a second buffer, to insurance.   In terms of risk mitigation management, it’s necessary to have strong project management with an identified responsible person.   We did wonders on many risky projects by this approach, yes with one or two exceptions where we mitigated risks through insurance claims.

    Finally, with your wealth of experience, what advice would you offer to young law graduates aspiring to make a mark in the legal profession, especially in areas like compliance, crisis management, and strategic advisory?

    All the three stages- compliance, crisis management and strategic advisory – can be achieved one after another with strategic advisory being the most important and comes last in the sequence. 

    First and foremost, even if all the youngsters know, but still would like to reiterate that now there will not be legal & compliance, without information & technology. So, whatever domain one choses, s/he has to keep updated with the technological advancements in the domain.  

    Second, I strongly believe in Brian Tracy’s 6-Ps rule – Prior Proper Planning Prevents Poor Performance. Never forget to plan ahead, ask for help when needed and be prepared before beginning any legal battle.  As I said herein above while answering question no.2, that there is nothing wrong in requesting time for preparation and planning.

    A leadership mindset is a must to reach the Top.  Always remember that leadership begins with the letter L, which stands for lifelong learning.  It’s a myth that only seniors have to be leaders, every person can be a leader at his/her level with the right mindset. 

    Last but not least, my all-time favourite saying is: “Know & go, always; there’s no such thing as NO-GO.” When there is no way to completely eliminate the risk, we should accept it, handle it carefully with continuous monitoring backed by insurance to cover it. 

    Best wishes for earning and claiming your  share in one of the fastest growing economies, India. 

    Get in touch with Atul Juvle-

  • “Invest in meaningful relationships with seniors and colleagues and don’t fall into the rat race of titles and pay cheques”- Ketaki Suklikar, Head of M&A, Mahindra Group

    “Invest in meaningful relationships with seniors and colleagues and don’t fall into the rat race of titles and pay cheques”- Ketaki Suklikar, Head of M&A, Mahindra Group

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

    Can you walk us through your journey from starting as an associate at Wadia Ghandy & Co. to your current role as Head of M&A at Mahindra & Mahindra? What motivated you to specialize in corporate M&A law?

    I would say I was extremely fortunate to have landed up at Wadia Ghandy & Co post law school. WG was the best training ground a fresher could ask for. We were taught everything there is to know about being a thorough professional keeping high ethical and quality standards and integrity in our work. I was given responsibility and freedom to navigate complex matters – with the reassurance that my Partner always had my back. To this day, I count my seniors Djena Sunavala and Ankit Majmudar as my mentors and dear friends- I often reach out to them for guidance. 

    Unlike current times where lawyers “specialise” right off the bat, at WG in those days as a fresher you had to work on all types of matters thrown at you be it conveyancing, corporate, M&A, regulatory work etc. across sectors. This gave me a broad view of all aspects of the law. However, within a few years I realised that I am drawn to transaction work and loved to work on PE and M&A matters. I then began focusing more on PE and Corporate M&A. 

    Having 8 years of rich law firm experience meant that I was well placed to join an organisation as in-house counsel. Acumen was a great stepping stone in my transition to in-house life. At Acumen, I was India GC and was responsible for all legal and regulatory aspects of Acumen’s India operations. 

    Mayfield was an exhilarating journey because VC is a very fast paced, high-energy world where the people you interact with are all extremely driven individuals- operating at a high level of efficiency. The expectations were high and I had to quickly step up to the plate. At Mayfield the sense of ownership and responsibility was further amplified which gave me a huge sense of confidence. 

    Again, the experience I gained at Mayfield was the perfect pre-cursor to my current role at M&M. 

    I firmly believe that in a career spanning 4 decades or more, everything happens at the right time when one is ready for the next challenge/shift. I have a very interesting and demanding role at M&M, one that I enjoy thoroughly, but it has come at the right time in my journey when I am well equipped to handle everything it throws at me. 

    Transitioning from a law firm to in-house counsel at Acumen and later Mayfield must have been significant shifts. How did these experiences shape your perspective on legal practice, especially within the context of venture capital and impact investment funds?

    The shift from advisor to decision maker is certainly a daunting one and one must have confidence in one’s abilities to navigate this shift.

    A firm head on your shoulders and being clear & decisive is needed. Understanding the business, the priorities and commercial levers driving an issue or transaction is key. One cannot be a roadblock – being solution oriented and collaborative is important but at the same time you need to set guard rails and ensure transactions are being done in a way that you are comfortable with as GC. You need to set standards and ensure you get buy-in from the business on your way of doing things.

    I would say these experiences have given me a unique perspective of legal practice, in the sense that I know exactly what the business leaders are, or rather, should be, looking to hear from the in-house legal team and what are the key drivers or critical matters concerning the Board. 

    As General Counsel at Mayfield, you oversaw legal aspects of the firm’s India operations, including deal structuring and governance. Could you share some key insights or challenges you encountered while navigating the legal landscape in the venture capital industry, particularly in India?

    As I mentioned, the venture capital space is fast paced and high energy, which is something I loved about it. 

    In terms of insights, I would say that building relationships across participants in the industry is extremely important and it makes deal making very smooth. When dealing with a sticky issue in a deal, often times, after several all-party calls and negotiations fail to resolve an issue,  a personal phone call to the GC on the other side or the law firm partner on the other side to discuss and come to common ground would solve the matter, because there is a personal connect and the person knows you well enough to know it is not an ego trip and you just want to come to an acceptable middle ground. 

    In any role there will be challenges, otherwise there is no fun. There certainly were challenges at Mayfield, but here I would say having a good working relationship with colleagues is very important to brainstorm, discuss, vent and then handle the challenges. Each challenge gives you immense learning and builds a new muscle which you never knew you had! 

    Joining Mahindra & Mahindra marked a shift to corporate M&A, but on a larger scale. What unique challenges do you face as Head of M&A in such a diverse and multinational conglomerate?

    As you have rightly said, M&M is a diverse and large group. The main challenge for me personally when I moved to M&M was that I was used to working independently and taking calls on my own, given that Mayfield (as typical for VC funds) was a small team. For obvious reasons, at M&M one has to work with many stakeholders from different teams and departments and this requires a shift in working style. 

    Apart from this, the sectors are very different from what I was looking at earlier, however, the principles of an M&A deal do not change drastically – it is just a different lens as a strategic player rather than a financial investor.

    Leading a team of lawyers in the M&A department at Mahindra & Mahindra, what strategies do you employ to ensure efficient deal management and coordination, especially across different sectors within the group?

    I think simple strategies like regular check-ins with the team, creating templates and SoPs for deals, and having the right balance of giving independence but still having some oversight, work very well. Most importantly, I seek feedback from my team and I am learning to be a better manager from them. 

    With your extensive experience across various sectors and roles within the legal field, what do you consider the most crucial skills or qualities for success in corporate law, particularly in M&A and venture capital?

    I would say, the following skills or qualities are crucial to success in M&A/VC (and generally as a corporate lawyer):

    • Understanding the commercial rationale for the transaction.
    • Getting comfortable with numbers and basic principles of corporate finance.
    • Balancing attention to detail with having a 30,000 foot view.
    • Being able to anticipate issues before they crop up and having a Plan B ready!
    • Stakeholder management 
    • Great communication and stellar writing skills

    Finally, drawing from your rich experience, what advice would you offer to fresh law graduates aspiring to pursue a career in corporate law or venture capital? What key lessons have you learned that you believe are essential for their success in the legal industry?

    My advice to fresh law graduates aspiring to pursue a career in corporate law or venture capital is to cut your teeth working at a law firm for the first 5-10 years post law school. Do not “specialise” early and work on diverse matters as much as possible. 

    Read the business newspapers in detail. Know what’s happening around you in the world. Keep abreast of changes in law and regulations. Follow some leaders in the field and see what they are talking about. If you don’t know something, ASK someone. Don’t only google it, but have a conversation about it. 

    Invest in meaningful relationships with seniors and colleagues and don’t fall into the rat race of titles and pay cheques. Your career will be very long – there is plenty of time.

    These are some learnings from my experience, every person will have a different journey and experience, and it is important not to compare your journey with others. 

    Get in touch with Ketaki Suklikar-

  • “I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life.” – Manish Gaurav, Founding Partner at Lexspectrum

    “I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life.” – Manish Gaurav, Founding Partner at Lexspectrum

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you take us back to the beginning of your career journey? What inspired you to pursue law, and can you share any pivotal moments or experiences that shaped your decision to enter this field? Additionally, what were some of the challenges you faced when starting out, and how did you overcome them to establish yourself as a prominent figure in the legal profession?

    I have always believed that God has bestowed grace upon me. Importantly, my parents have always encouraged me to make decisions and have provided enough freedom and information to make an important decision that has a long-term impact on my life.

    I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life. In this context, law as a profession was an obvious option for me. I consulted many of my friends/seniors and some reputed lawyers before taking this decision to pursue law. Their encouraging words (along with challenges in the profession that they mentioned) encouraged me to pursue my career in this field.

    Since I am first generation lawyer, there were plenty of difficulties. I was very clueless in my initial days (after completing my law degree) about my next step and other related aspects. But, there is always someone to help me or guide me in such difficult situations. They were either friends/colleagues or strangers (as well). I am thankful to all of them.  

    Lexspectrum is known for its comprehensive legal services. What inspired you and your partner to establish this firm, and what sets it apart from others in the field?

    I have always believed that there is enough space for new law firms in the sector that can be more focused (handholding approach) towards clients. Additionally, having experience of a certain number of years, acted as an asset for me in this endeavour.

    Importantly, I sought feedback from various clients/friends to provide their suggestions regarding setting up a new law firm. In most the cases, I got very positive and encouraging suggestions/responses that helped me make such a decision.

    Your bio mentions you’re recognized as a recommended lawyer for Corporate and Mergers & Acquisitions. What advice would you give to young lawyers aspiring to achieve similar recognition in their careers?

    Well, such recognitions are always welcome. It gives a sense of satisfaction and improves confidence. In my opinion, consistency with quality work is key to success in the field. It is important for a young lawyer to be very consistent with quality work to achieve their professional goal.  

    In your opinion, what can the current generation do to carve out successful careers in law, especially in a field as dynamic as yours?

    The current generation of lawyers should focus (in addition to basics) on the changes which is taking place in the field of law. For example, legal practice in the field of data/AI/the international context of multi-party disputes/PE/VC transactions was not so common a few years ago but now it is very much mainstream practice. Hence, it is imperative that a lawyer should pay adequate attention to the development/changes in the legal field wherein such lawyer is practising.

    Additionally, quality of work and timely response to clients is imperative. I have noticed that these days clients are well informed about the existing legal provision(which affects them) and their expectation from the lawyer is not only to be better informed about applicable legal provisions but also to have good understanding of the case which such a lawyer is handling. Hence, a lawyer should be much more attentive to the case/assignment that they are being entrusted with. 

    Outside of your professional life, do you have any hobbies or interests that you’re passionate about? How do you balance your personal interests with your demanding career?

    Typically, I do not get much time to pursue my hobbies which has changed with time. I love travelling with my family and friends and I try to do the same whenever it is possible. Being with family and friends is always a wonderful experience. 

    With the constantly evolving legal landscape, how do you stay updated with industry trends and changes, and how do you ensure your team at Lexspectrum remains ahead of the curve?

    We, as a firm, have weekly sessions on the legal updates on the matter concerning the current assignments and generally related to the subject matter of practice area. Additionally, we encourage our team members to write articles/updates regularly to get a better understanding of the subject matter. We also encourage our team to participate in relevant conferences to be fully updated.

    There is always an emphasis that we as Lexspectrum should be well aware of the subject matter which we are dealing with. There is also an emphasis on having a good understanding of the sector in which such client is engaged.

    Being recognized as one of the highly recommended lawyers in Mergers & Acquisitions is a remarkable achievement. For students aspiring to excel in this field, what specific skills or knowledge areas would you recommend they focus on during their education and early career to position themselves for success in M&A transactions?

    Typically, I have noticed that law schools have a higher degree of inclination towards litigation than corporate matters. Likewise, law students have better exposure to litigation matters. Hence, it is imperative that law students must participate in all relevant events /seminars (typically organised by Investment banking firms/law firms/CA firms) to get exposure to the subject matter.

    Additionally, various blogs/research paper are being published by law firms that should be referred regularly. Having internships in law firms with maximum exposure to corporate matters will be very helpful. 

    Could you share with us the experience of the first time you stepped into a courtroom to argue a case? What was going through your mind, and how did it shape your approach to advocacy?

    I consider myself lucky in this respect wherein my senior permitted me to argue a matter when I was just 4-5 months into the profession. My senior mentored/guided me well on the said case. However, it was a bit shaking moment for me till I started making submissions to the Hon’ble Court. Once, I started, it became relatively normal for me.

    Courtrooms often witness intriguing moments and unexpected twists. Can you recall any particularly memorable anecdotes or moments from your time practicing law that stand out to you?

    On several occasions wherein the Hon’ble judge and/or opposite counsel has agreed to deviate from the established norms keeping the larger interest of the litigants in mind and the same has served very well in the interest of justice. On one such occasion, a key witness has arrived here in India for a minimal time period. Such a witness was critical to the matter. On our request, the Hon’ble court and opposite counsel agreed to complete all procedural aspects concerning such witness on the same day which is not so common.

    On several occasions, we are informed about certain documents/events on the day of the hearing which is critically important.  Such events on many occasions require us to immediately make suitable changes in our strategy/submission. Due to confidentiality, I will not be able to delve into this any further.

    Get in touch with Manish Gaurav-

  • “M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust”- Vikramsinh Yadav, Legal Head -Business Partner for Bayer Pharma

    “M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust”- Vikramsinh Yadav, Legal Head -Business Partner for Bayer Pharma

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

    Can you walk us through your journey from being an Advocate at the High Court of Mumbai to your current role as Legal Head at Bayer? How did your previous experiences shape your path in the legal field?

    In the year 1999 summer I came to Mumbai from my village in Sangli district in Maharashtra, after having not so good results in 12th Science. I graduated in Science from Mumbai University in 2002 and became a law student. There I found my striving and secured a first class in LLB with scholarship in jurisprudence. During my law graduation, I was active in moot court and debate competitions and secured State Level Best Advocate award as well as special appreciation in National level moot court competition. Our team was felicitated at the hands of ex Chief Justice of India Shree Rajendra Babu. With dreamy eyes and strong desire to make my name in the legal fraternity, I joined the legal profession as an Advocate in Bombay High Court in August 2005. My journey began under the guidance of well-known Criminal Lawyer Late Shree Shyamkumar Marwadi and Senior Counsel Shree Ashok Mundargi. I got an opportunity to work in famous as well complicated criminal litigations including chinkara poaching case against Bollywood celebrities, Anticorruption case against well-known encounter specialist, MPSC scam etc. During this stint I also completed my LLM from Mumbai University with flying colours. Additional benefit from the LLM course was to secure hostel accommodation in University Hostels at Church gate.    

    Since my early practice days, I was conscious to be an independent lawyer and not to limit my growth as a small plant under the shadow of a big tree. So I resumed my independent practice as a criminal and civil lawyer in Bombay High Court. I got ample opportunities of conducting complex criminal trials including murder, cheating, rape as well as CBI prosecutions in the Sessions Court of Bombay & sub-urbs (Thane, Kalyan). I feel proud to say that all the trials were successful. 

    I was also acting as a senior law retainer with well-known real estate law firm Kishore Thakordas & Company, which provided me an opportunity to work on complex real estate litigations related to real estate development projects, property succession as well as land encroachment litigations.   

    In 2013-14, I felt an urge to join a law firm to know the legal business with big corporate houses, and I joined PDS & Associates (now Agrud Partners) as a Senior Associate. There I got access to big corporate clients with an opportunity to handle their cases including arbitrations and commercial contractual disputes as well as criminal litigations. In 2016, I got an opportunity to lead the litigation team of a highly reputed banking law firm SNG & Partners. In the same year Insolvency & Bankruptcy Code was notified. So I got engrossed in handling banking as well as insolvency litigations including the matters against Reliance Communications, ABG Shipyard etc. In the meantime, I also became an A-Panel Counsel for the Mumbai Municipal Corporation and Panvel Municipal Corporation in Bombay High Court as well as National Company Law Tribunal. During my illustrious journey in the Bombay High Court. 

    In my 13 years of journey as an Advocate I represented several reputed clients such as Hindustan Unilever Limited, Bunge India Private Limited, Monsanto Limited, Britannia Limited, Bank of America, Standard Chartered Bank, Barclays Bank, HSBC, HDFC, State Bank of India, Angel Broking Company, late Shree Irfan Khan, Essel Entertainment etc.  

    During all these years I developed a curiosity to know & understand the business of big corporate houses from inside. That made me grab an opportunity to join Siemens Ltd as a Senior Legal Counsel in 2018. It was the beginning of my journey as an in-house counsel. It was a huge legal team of around 30 colleagues. All the colleagues in Siemens including my mentors and seniors Brotin Das, Saugata Chakravarty & lastly Hanno Kunkel shaped me as an in-house counsel. They gave me ample scope to act on diverse matters independently including several high stake litigations as well as core issues related to compliance and corporate governance. Every year in Siemens, I was rewarded with performance awards and recognitions.                                               

    During the pandemic when the world was standing still, I received an opportunity to join Bayer Group as a Litigation Head and it was a shift from project-infra business to product centric business. In Bayer I worked on illustrious as well as voluminous litigations. In the last year I became a Legal Head Business Partner for Pharmaceutical, Consumer Health and Radiology Business. 

    As an in house counsel, my experiences during advocacy days were always handy and helpful in providing quick resolutions and facilitating effective decisions. Apart from functional expertise, the diverse experience as an Advocate helps to understand the root cause of the issue referred to and to suggest appropriate mitigating measures within a legally compliant framework. This makes business partnering authentic as well as agile. 

    With your extensive background in handling various types of litigation, could you share with us a particularly challenging legal case you’ve encountered in your career? How did you approach it, and what were the key strategies you employed to achieve a successful outcome?

    There were several such challenging cases I have encountered in my journey as an Advocate and in-house counsel. However, to make it more relevant and recent I would cite a litigation related to Competition law. It was a case that began with a commercial dispute between an aggressive group of licensees who got access to the innovative technology of our Company. In India, as we know, the patent regime is access and benefit centric, having inclination towards the working of technology for the benefit of the people at affordable means. This leads to the clash amongst the generics and innovators. In the field of agriculture, especially GM seeds, it is more complex and highly regulated. 

    So these licensees challenged the innovator’s royalty and technology fees, and approached competition regulating authorities (the then MRTP and now CCI) alleging abuse of dominance, excessive pricing & discrimination referring to the contractual terms. Simultaneously, the commercial dispute went through arbitration where the Company succeeded against the licensees who then appealed against the award. Meanwhile, a challenge was posed against the patentability of technologically modified seeds, confusing the technology in seeds where seeds being carrier of it with seeds being part of a plant. Governmental authorities also joined the licenses in an antitrust complaint. My vigilant predecessors & colleagues did also challenge the jurisdiction of CCI in dealing with commercial contractual disputes over a patented product, since the Competition Act and the Patent Act are complete codes distinct and independent of each other. We worked as a team in the litigation and successfully contested not only the arbitration but also the jurisdictional challenge. Whilst commercial dispute as well as patent validity proceeding got amicably settled with the group of licensees, the CCI proceeding remained. Last year, Delhi High Court passed quite an interesting judgment ousting CCI’s jurisdiction in matters related to the Patents Act.                                        

    We, as a team, worked on this matter firstly to separate the commercial dispute from the clutches of the Competition law and successfully seal the settlement with the licensees. That minimised the aggrieved stakeholders involved in the dispute. As well as it reduced other connected proceedings such as arbitration as well as patent validity. Only proceeding then remaining was with the Competition Commission. Under the expert guidance of the eminent Senior Advocate, Dr. Singhvi, we concentrated on the jurisdictional challenge before Delhi High Court. And, in the last June we were pleasantly surprised with a favourable judgment of Delhi High Court ousting CCI’s jurisdiction over the matters governed under patent laws of India. Of course the judgment has now been challenged in the Hon’ble Supreme Court and is pending sub-judice. When there are complex issues with multiple laws, we need to find out the ways to minimize the complexity by separating and resolving the disputes having potential of being settled amicably. So that we can concentrate on highly complex core issues involving questions of law. That helps in focussing our efforts and resources. 

    Keeping internal stakeholders engaged and informed on several stages of the litigation is also utmost necessary in securing their support and trust. It boosts confidence and strengthens your efforts to successfully implement the strategy.           

    Transitioning from being a Litigation Head to a Legal Head Business Partner at Bayer signifies a shift from a more adversarial role to a collaborative one. What adjustments did you have to make in your approach when moving into this new position?

    Certainly it is a significant shift. As a generic business partner one needs to have a broad as well as detailed picture in mind while formulating a strategy. As a litigation head more focus is on utilizing specialised skill to understand the dispute and mitigate it in a timely manner so that the ends will be favourable. Whereas being Legal Head Business Partner requires to have a generic perspective, which needs to be close to the business, management, compliance as well as other cross functional teams. More collaborative and strategic mindset is essential for effective business partnering. Fortunately, my senior colleagues in the legal team Nabeel Saleem and Devdas Baliga were always keen to involve me in several other challenging topics requiring a generalist mind-set apart from my litigation portfolio. That also is helping me in gelling well with this new responsibility.    

    As the Legal Head at Bayer, you’re tasked with managing corporate advisory functions and leading legal teams across different sectors. How do you ensure legal integrity and compliance while also fostering innovation and growth within the organization?

    As a leading legal business partner for pharmaceuticals, consumer health & radiology business, one needs to be aware of changing legal framework whether pharma Codes, price regulations, incidental compliances, D&C Act and Rules, Clinical Trials and GMP related provisions. As a legal team, we collaboratively work on understanding these changes and identifying its impact and relevance for our business. Then we work on communicating these changes and updates along with simplified implementation strategies with our business and cross functional stakeholders. We do conduct several informative sessions within the legal team as well as business. Ours is democratic function which believes in sharing of ideas and trying to work innovatively. As a legal function, we keep mapping and reviewing our activities and many times empower colleagues in business also to take their decisions on their own. Digitalisation helps us in being agile and efficient in serving business. Our organization works with the mind-set of Dynamic Shared Ownership (DSO) with a key focus on core mission and measured goals with defined outcomes in 90 days cycle.               

    Given your involvement in M&A transactions, what are some key legal considerations that you believe are crucial for ensuring a smooth and successful merger or acquisition?

    M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust. For smooth & successful merger or acquisition, clarity of purpose is at the core. With a holistic view we should be able to visualise the entire picture of the transaction. Accordingly, we have to map all the necessary activities from due diligence, necessary regulatory intimations and permissions, effect of FDI policies wherever relevant, effect on competition, Tax implications, corporate compliances, people integration etc. All the functions including tax, accounts, finance, communication, regulatory, quality, HR, SCM, marketing led by senior management and legal play a vital role in these transactions. `By nature, these are marathon transactions with long duration having internal, external and governmental stakeholders involved in it. Hence, planning in advance and securing consensus of all the stakeholders at every stage is essential. External as well as internal communication plays a big role in smooth implementation of M&A transactions. 

    Could you share some insights into how you navigate complex legal landscapes and deliver strategic dispute resolutions? What are some essential skills or approaches you rely on in these situations?

    Most of the disputes have inherent potential of pre-litigation amicable resolution. However, it is essential to be in contact with business to identify early signs of any possible dispute. If there are such inputs, as a litigation strategist, we prepare scenario analysis along with mapping of relevant substantive as well as procedural legal provisions and accordingly we guide business with a strategy. Preliminary focus is always on preventing litigation and securing amicable resolution. Eye for details, understanding of business and implication of dispute on it, interpretation of legal provisions and close familiarity with the practical side of the dispute resolution process whether it is the knowledge of courts procedures and practices or connection with external counsels play a vital role in handling dispute resolution. In some disputes such as possible patent or trademark infringement or bank guarantee invocation, we should be agile and aggressive in taking urgent measures to stop possible damage. Whereas in contractual disputes steps to be taken without having any adverse effect on the business, especially in project business.     

    Throughout your career, you’ve worked with notable companies such as Siemens and now Bayer. What do you think sets apart effective legal counsel in the corporate world, particularly in industries like pharmaceuticals and consumer health?

    As I mentioned earlier, understanding of business, becoming familiar with business language, expectations and needs, having connections with cross functional colleagues and access to the external peers in the industry including external counsels makes the legal Counsel effective in the corporate world. Effective communication at each level plays a key role. It requires conscious and consistent efforts. Needless to mention that these are essential qualities apart from the functional knowledge and expertise in respective core laws and legal aspects applicable to respective business.     

    Drawing from your own experiences and the challenges you’ve overcome, what advice would you offer to law graduates who aspire to pursue a career similar to yours?

    I am still in the process of learning and achieving the ultimate expertise in this field, however, I would like to share that law graduates aspiring to pursue such a career should keep their focus on expanding their understanding of laws governing diverse aspects (including substantive and procedural). They should gain real time experience of courts whether original or appellate, civil corporate or criminal to know their own strivings. Accordingly, they can choose the field of their interest and keep sharpening and shaping it consistently. Ability to learn, unlearn and relearn and communicate the same and becoming able to implement it is crucial for any lawyer.      

    Get in touch with Vikramsinh Yadav-

  • “By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities”- Divya Chandrasekaran, Founder, iPACT LEGAL

    “By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities”- Divya Chandrasekaran, Founder, iPACT LEGAL

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

    Can you share with us your journey from law school to becoming a seasoned counsel, highlighting some pivotal moments or experiences that shaped your career path?

    My journey from law school to becoming a seasoned counsel has been quite an adventure! There were many pivotal moments and experiences that have helped shape my career path. Starting as a trainee in a top law firm, I learned the ropes from my seniors in the corporate team. I remember feeling a bit intimidated at first, but they were so supportive and patient with me, which really helped me grow and develop. Moving to the Intellectual Property team allowed me to handle huge IP portfolios and gain experience with national and international filings and directly managing the clients. It was quite a challenge, but I loved it! Transitioning to in-house counsel roles at large FMCG and pharmaceutical companies provided me with the opportunity to delve into the business side of legal practice, which was really fascinating. These experiences have been instrumental in shaping my approach to legal practice and have helped me develop a unique perspective that combines legal expertise with a deep understanding of business dynamics.

    You’ve had a diverse range of experiences, both in law firms and in-house roles. How have these different environments contributed to your skill set and approach to legal practice?

    Yes, while starting my own firm was always on the radar, I wanted to be well-prepared and well-equipped for that and I felt it is important to have sufficient experience in Firms and in-house roles for holistic professional growth. Working in both law firms and in-house roles has really helped me develop a well-rounded skill set and approach to legal practice. In law firms, I honed my legal knowledge and expertise in understanding the intricacies, and the art of handling clients, while in-house roles allowed me to gain a broader perspective on the intersection between law and business. It’s been really interesting to see how the two sides of the legal profession work together to achieve common goals. This combined experience has been my USP that sets me and my firm apart. The blend of these experiences has helped me develop a strategic and practical approach to legal practice, where I am able to not only provide sound legal advice but also offer valuable insights on how legal considerations can impact business outcomes.

    As a strategic partner for organizations, you’ve been involved in business development and advising on key initiatives while ensuring risk mitigation and compliance. Could you elaborate on how you balance these sometimes conflicting priorities?

    Balancing business development, risk mitigation, and compliance can be quite challenging at times. As a strategic partner for organizations, my approach is to prioritize risk mitigation and compliance while also supporting key initiatives that drive business growth. This often involves conducting thorough risk assessments, collaborating closely with stakeholders, understanding the practical challenges and pain points, and proactively identifying potential legal issues. By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities. As a thumb rule, I ensure that Compliance and adherence to Law in its Letter and Spirit is pivotal for the sustainable and scalable growth of any Organisation and as the Legal Counsel, it is one’s responsibility to guide the management of the Companies in the right direction.

    Throughout your career, you’ve been involved in negotiating, vetting, and drafting high-stake contracts. Can you share any strategies or approaches you’ve found particularly effective in these processes?

    Negotiating, vetting, and drafting key contracts is something I Love and am always excited about! But over the years, I’ve developed some effective strategies and approaches that have helped me in these processes. One of the most important things is to thoroughly understand the needs and objectives of both parties involved in the contract. This allows me to tailor the contract terms accordingly and ensure that everyone’s needs are met while complying with all statutory requirements. Additionally, maintaining clear communication throughout the negotiation process, paying attention to detail, and seeking input from relevant stakeholders can help ensure that the final contract accurately reflects the agreements reached by both parties. Another crucial aspect is to interact with the respective department which deals with that particular project, to understand the background, the practical challenges, and the probable risks while drafting, reviewing, or negotiating a water-tight and robust contract. Lastly, following red-lining etiquette and ensuring that you have proper and valid reasoning and rationale for every change made, accepted or rejected is the most effective strategy and art of vetting and negotiating a contract.

    Given your experience in supporting business development projects and signing commercial contracts with partners across various regions, what are some challenges you’ve faced in navigating international legal landscapes, and how have you overcome them?

    Navigating international legal landscapes can present unique challenges due to differences in laws, regulations, language barriers, and business practices across regions. To overcome these challenges, it is crucial to conduct comprehensive research, seek local legal expertise when needed, and establish strong working relationships with local partners. By staying informed about international legal developments and adapting to the cultural nuances of different regions, I have been able to effectively navigate complex legal landscapes and support business development projects across various regions including APAC, AFMET, CIS, LATAM, US, UK and Japan. Yet another major challenge in cross border deals and the most negotiated clauses would be the jurisdiction, dispute resolution and applicable law clauses. The Company and counsels, before deciding on the jurisdiction and applicable laws, have to factor in various aspect such as the costs involved in dispute resolution in a jurisdiction, the practicality of adherence to foreign laws, the risks involved and how stringent/lenient the laws of such country are with respect to the subject matter. 

    There have been interesting instances where some foreign counsels deleted or modified clauses saying it is not in line with their laws, and when we delved deep and tried to understand their laws, it was not the case. Hence while working on cross-border deals, it is important to not just go by the other Party’s interpretation of laws, but personally verify it from our end, either in-house or by seeking local expertise in those countries. 

    Your role has also involved working with cross-functional teams across multiple departments. How do you ensure effective communication and collaboration in such diverse settings?

    Absolutely! The key to successful outcomes in diverse settings is to prioritize open and transparent communication. I actively seek input from all departments involved in a transaction and encourage a collaborative work environment. By fostering a culture of mutual respect and shared goals, I have been able to facilitate effective teamwork and drive successful outcomes across multiple departments. Additionally, I make sure to take approvals, denials, or comments from cross-functional teams in writing and ensure that all stakeholders/relevant departments are marked in such communications to allow other stakeholders to raise any concerns or discussions if any. If it is an oral discussion, I send out the Minutes of the Meeting. This helps ensure that all discussions are recorded and can be referred to later if needed.

    Mentorship and team development seem to be important aspects of your leadership style. Could you share some insights into how you nurture talent within your team and promote their professional growth?

    Yes, I truly believe in nurturing talent within my team by providing opportunities for professional growth and development. I set clear expectations, offer constructive feedback, and empower team members to take on new challenges. Allowing and encouraging the team members to take ownership of every single task they handle, not just gives them confidence, but also makes them accountable for their assignments. Instead of giving them the answers, I tell them how to find the solution. This helps them handle any situation even in my absence and makes them better professionals. Having regular team meetings and brainstorming sessions has helped the team handle their workload meticulously and be abreast of the laws. I also believe in being open to feedback and constructive criticism, as it helps me and my team grow professionally. As Lawyers, it is important that we agree to disagree!

    Looking back at your journey, what advice would you offer to fresh law graduates who are about to embark on their own careers in the legal field?

    I would advise fresh law graduates to invest in continuous learning and professional development to stay abreast of legal developments and industry trends. 

    While it is easy to generate opinions or contract drafts using AI, it is important that every document is drafted meticulously and one understands the rationale behind every line that goes into a contract/document and mastering the art of interpretation. While AI is an effective tool that helps you work smart, it should not be a replacement for your hard work. Mere copy-pasting of language can land up being more dangerous and expensive than one can imagine. 

    Seek mentorship and guidance from experienced legal professionals to gain valuable insights and perspectives. No doubt is a silly doubt, never refrain from asking questions or getting clarification.

    Build strong relationships with colleagues, clients, and industry peers to expand your network and opportunities for growth. Embrace challenges and opportunities for growth, as they provide valuable learning experiences that can shape your career path. 

    Above all, approach your legal career with passion, dedication, and a commitment to excellence in all that you do. All the very best!

  • “Adapt to change, embrace continuous learning, and maintain a strong ethical foundation—the pillars for a successful legal career.” – Siddharth Krishna Dwivedi, Advocate on Record at the Supreme Court of India

    “Adapt to change, embrace continuous learning, and maintain a strong ethical foundation—the pillars for a successful legal career.” – Siddharth Krishna Dwivedi, Advocate on Record at the Supreme Court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you share with us the pivotal moment or series of events that led you to  pursue a career in law? Additionally, how has the support of your family  influenced your journey, and what challenges did you encounter during your  formative years in the legal profession? 

    I got acquainted with law quite early in my life. My father laid down the  foundation of law in our family. During my school days, my father picked me up after school and I used to spend time at his office – Central Agency, Supreme  Court of India before heading back home. So, since class IV, I have been  visiting the Supreme Court. After completing my school education, I pursued  law for graduation and the interest developed. I kept pestering my father about  the legal propositions and understanding of judgments. His library became my favourite place to put what I was taught to test. The like came but love happened later. I joined the chambers of Shri Uday U. Lalit (later elevated as  Judge of Hon’ble Supreme Court of India and appointed as Chief Justice of  India) firstly as an intern and then as a junior, I saw him mastering the art of  reading thick paper-books, applying the legal principles and arguing the matter  the next day with utmost precision. Over the years I fell in love with the  profession. 

    My family, especially my father, kept pushing me to venture out of his office and  explore the diversity which the profession carries. So I developed the habit of  sitting in court and observing seniors argue the matters, preparing notes, noting down judgments advanced and later waiting to read that judgment whenever  pronounced. I recollect that sometime in 2012-13 I was in Court No. 2  (Supreme Court) and a trademark suit was being heard at its appellate stage  about a matrimonial site saying the other one infringed its right. As the  question involved online infringement the Ld. A Senior Advocate assisting the court was asked a question as to how the claim is maintainable. Though I was a  mere spectator it clicked me to online search on my mobile phone and see what happened and there it was. I explained it to his associate, the senior was  impressed immediately and handed the mobile phone to Hon’ble Judges who noticed the issue and granted relief. These experiences keep pushing you and  help you think on your feet. 

    This profession is a hard task master in many ways. One has to keep learning  and being updated about the judicial pronouncements while simultaneously  managing clientele and keeping the ethics above all. I find the legal profession  to be enthralling and at the same time keeping you resilient.  

    Your reported judgments span various legal domains. Could you share a  particularly memorable case and the legal principles it involved?

    There are a few, but I guess I have to refer to Awadhesh Kumar v. State of Uttar  Pradesh reported as (2019) 10 SCC 323 wherein the High Court had erred in  applying Exception 4 to Section 300 IPC and set aside the judgment passed by  Trial court which had found the accused guilty under 302 IPC. The accused  persons tried to kill the mother of complainant Awadhesh Kumar (whom I was  representing) and a case was initially registered under Sections 307, 504, 506/34  IPC, however, subsequently on the death of Awadhesh’s mother, the case was  converted into one under Section 302 IPC. The Trial court had found it to be fit  case for 302 IPC and had passed life sentences against one of them and acquitted  the other three. The convicted accused moved the High Court which modified  the conviction to Section 304 Part I IPC sentencing him to 10 years rigorous  imprisonment. I filed a Special Leave Petition on behalf of the complainant, who  was not a party before the Trial court or the High Court. My submission was that the High Court committed a grave error in modifying the conviction from that of  Section 302 IPC to that of under Section 304 Part I IPC as exception 4 to Section  300 IPC would be attracted only when there is a fight or quarrel which requires  mutual provocation and blows by both sides in which the offender does not take  undue advantage. Hon’ble Supreme court allowed my appeal and set aside the  judgment passed by High Court and modified the conviction from Section 304  Part I IPC to Section 302 IPC and the accused were directed to surrender before  the Court concerned to undergo life sentence as was imposed by the trial court.

    Mr. Awadhesh had tears in his eyes when the judgment was passed as the  accused almost got away with his crime but was finally brought to justice. 

    As someone who successfully cleared the Advocate-on-Record Examination,  could you shed some light on the preparation process? What strategies or  resources did you find most helpful in preparing for such a rigorous exam? 

    This I get to answer a lot. The daily court grinding works as a manure and itself  becomes part of preparation. If you are regular to the Supreme Court and  involve yourself in all the process, right from researching to preparation to  drafting to filing, listing and arguing the matter, you are already preparing  yourself for the examination. 

    I guess the difficult part isn’t the examination itself but the transition from a  professional to a student all in the same day as you have to do everything  above mentioned during work hours and study like a student during the rest of  the day.  

    To the advocates taking this exam, I would suggest taking your time but read  thoroughly the Supreme Court Rules, Leading cases, Bar council rules and  practice writing as by the time you are preparing for the exam this habit starts  fading away. 

    Beyond your legal career, you’ve been involved in guest lectures and events  related to broader societal issues. How do you see your role as a legal  professional intersecting with your broader interests and social  responsibilities? 

    As a person practicing law, you automatically become an activist fighting for  a cause, a critic of the government, a benefactor of humankind and with it comes  responsibilities. I had the privilege of being invited on women’s day to speak  on ‘Women Laws in India’ at an event hosted by Vayu Sanginis (Indian Air Force). Amongst the guest lectures, I recollect one at Rashtriya Raksha  University, Gandhinagar, Gujarat which was an enriching experience speaking  on the topic of Legal Dimensions of Serial Killers. 

    During the legal rigmarole, we come across certain individuals who are in need  of justice but are economically weak and by default I try helping at least a few  by taking up cases pro bono. So, whenever I am approached to educate or help someone needy, I try to serve  the society with my limited knowledge. 

    See we are called ‘officers of the court’ and our foremost duty is towards the  court and so the demeanour of a lawyer outside court is more important than  his obvious humility towards court. It is our collective duty to allocate time  while being committed to the cause. 

    How does the role of an Advocate-on-Record differ from other legal positions,  and what unique responsibilities does it entail? Also what are some common  misconceptions about the Advocate-on-Record role, and how would you  clarify or debunk them? 

    The Supreme Court Rules provide for an Advocate-on-Record to plead and file an appearance or act for a party in the Supreme Court of India. The rules  further say that no advocate other than an advocate-on-record can appear  and/or plead before the Supreme Court unless instructed by an Advocate-on Record. So yes, as you become the natural pleader before the Supreme Court, it  is a big responsibility. 

    Misconceptions are quite a few and I would address one of the most common of them: that only Delhi NCR based lawyers can appear in the AOR exam, this is so far from the truth. Any advocate enrolled with the bar council of any state and  having completed four years at the bar and having undergone training from an  Advocate-on-Record of at least 10 years standing is eligible to appear in the  examination. Yes, having an office within 16 km radius of the Supreme Court and appointing a registered clerk comes later but if one is keen on taking up  the exam and practicing before the Supreme Court, this is a given. 

    Outside of your legal profession, what hobbies or personal interests do you  pursue to unwind yourself? 

    I am glad you asked this, as most people think lawyers are hermits. Someone said that it is very necessary to have vices. The legal profession is daunting  and requires passionate commitment but unwinding becomes a necessity to give tranquility to the otherwise pandemonium-infused mind. I love to travel,  watch movies and I have an ear for music. During my college years I used to  do weightlifting for fun and then couldn’t carry on but I recently developed a  penchant for weightlifting. I feel it provides peace and relaxes the brain. My  wife and I often play badminton in the evenings. 

    Given your experience, what advice would you give to young lawyers aspiring  to practice at the Supreme Court level or aiming to become an Advocate-on Record? 

    Equip yourself with the knowledge, experience and procedure as much as you  can. Young lawyers often think about practicing directly before the Supreme Court,  me included, nothing wrong in it. But from my experience I can say that the  command on law required at the Supreme Court is at a much higher pedestal. It  would not be wrong to say that there is no scope for error. So, my advice to  upcoming advocates would be what I actually did. That is to work with an  advocate who appears regularly before the Supreme Court for some time. Later  find a chamber which allows you to hone up your skills. And finally  associate yourself with a senior who lets you argue to again develop that art  too. I am grateful to my father and Shri Santosh Kumar Tripathi (Standing  Counsel, Delhi High Court) who helped me develop that art.

    As a law officer for the Government of Uttar Pradesh, could you shed some  light on the specific duties and responsibilities that come with your role, and  how these duties contribute to the effective functioning of the government and  the administration of justice? 

    As I have said earlier, assisting the court is our primary duty and being a lawyer, you become a critic of the policies of the government. Being a law officer, one has  to walk the sharp sword of fulfilling both the responsibilities. A lawyer  appearing for a State or any institution bears the load of conveying the cause  behind the action brought in question by the litigant and in some cases bringing  justice where the State acts as a bridge to the society. 

    The balance of power is needed for effective functioning of the government and there comes the administration of justice, we lawyers in our duty as law officers for the government serve as the escapement ensuring that the wheels  never collapse and there is a constant transmission between the government and the justice system. 

    You’ve experienced both independent practice and working within legal  teams. What differences do you notice between the two, and do you find  yourself missing aspects of teamwork when working independently, or vice  versa? How do these experiences shape your approach to collaboration and  autonomy in your legal practice? 

    Litigation itself involves at least three heads, the applicant, the defendant and  the judge. We three work together to bring justice to the aggrieved. Now each  of the three heads have their own way of working and have a team which helps  them fulfill their tasks. So independent practice basically means where you are  heading the show and working within a legal team may or not necessarily mean  spearheading. No doubt working with a legal team supplements your approach  towards a case but if you are not the decision maker sometimes you just wonder  whether there could have been a different outcome. Working independently, you have that liberty albeit risk to proceed forward with your school of  thought.

    Get in touch with Siddharth Krishna Dwivedi-

  • “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-