Super Lawyer

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  • “Success, for me, is not just about individual achievements but the legacy we build through our work and the impact we have on those around us.” – Yashwant Rai Grover, Managing Associate at Inttl Advocare 

    “Success, for me, is not just about individual achievements but the legacy we build through our work and the impact we have on those around us.” – Yashwant Rai Grover, Managing Associate at Inttl Advocare 

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

    Could you please walk us through your journey in law and share what inspired or motivated you to choose this career path? Was there a particular moment or influence that played a significant role in your decision to pursue a career in law?  

    My journey in law began in a family deeply rooted in the legal profession. From a young age, I was captivated by the sight of my grandfather donning his black coat, a symbol that became one of my earliest memories. Accompanying him to court, I was mesmerized by the lawyers’ confidence and grace, which left a lasting impression on me and ignited my passion for the legal field. This early exposure naturally led me to develop a fascination with the profession and its practitioners. When it came time to choose a career, I instinctively gravitated towards law.

    Intellectual Property Law is a specialized field with its own set of challenges and opportunities. Was IPR always your first choice for a legal career, or did it become a more appealing option as you progressed in your studies and early professional experiences? How did you come to decide to continue your career in this area?  

    While Intellectual Property (IP) law was not initially my first choice, it became increasingly appealing as I progressed through my studies and early professional experiences. My internships with multinational corporations such as PepsiCo and Airtel exposed me to the dynamic and innovative world of IP law. These experiences allowed me to see firsthand how legal principles could protect and promote creativity and innovation. My passion for art and music further fuelled my interest in this field, as I found great satisfaction in working on cases that intersected with my personal interests. Over time, I realized that specializing in IP law would allow me to combine my professional skills with my creative passions, making it a natural and fulfilling career choice.

    As Oprah Winfrey wisely said, “Passion is energy. Feel the power that comes from focusing on what excites you.” Choosing to specialize in IP law was a defining moment in my career, as it enabled me to combine my professional work with my personal passions.

    In your role as the Head of Trademark, Copyright & Design Prosecution, what strategies do you implement to manage and grow your clients’ portfolios effectively? Can you share a success story that highlights the impact of your approach?  

    In my role as the Head of Trademark, Copyright & Design Prosecution, I specialize in advising diverse industries on all aspects of trademarks, copyrights, and designs. This includes conducting clearance searches, managing applications, and strategically developing and overseeing global trademark, copyright, and design portfolios. 

    I am recognized for my analytical skills, exceptional multitasking abilities, and proficiency in liaising with international law firms, clients, and other external agencies. I have represented our firm in numerous sessions, speaker series, and international and national networking events. Additionally, I have successfully argued numerous challenging cases before the Trade Marks Registry and the Design Office.

    My strategy involves thorough preparation, anticipating potential challenges, and understanding the preferences of each Judge, Registrar, or Hearing Officer. While legal knowledge is fundamental, the key to success lies in effective presentation and maintaining the willpower to reach logical conclusions. Out-of-the-box thinking is essential for a lawyer’s success.

    One notable success story involves representing a client for the trademark “Church *****” for alcoholic beverages, specifically wine. The hearing officer initially hesitated to accept the mark, fearing it might offend religious sentiments. Recognizing that conventional arguments would not suffice, I argued that the use of the word “Church” was appropriate, citing that Jesus himself turned water into wine, thus it would not offend but rather be appreciated. This argument was accepted, and the mark was registered. This case exemplifies how understanding the situation and presenting compelling arguments can lead to success, even beyond strict legal reasoning.

    You’ve had the opportunity to intern with prestigious organizations like Sanders Ortoli Vaughn-Flam Rosenstadt LLP and PepsiCo. How did these internships contribute to your understanding of intellectual property law and shape your career?  

    Interning with prestigious organizations like Sanders Ortoli Vaughn-Flam Rosenstadt LLP and PepsiCo has been instrumental in shaping my understanding of intellectual property law and my career trajectory. My internship at Sanders Ortoli Vaughn-Flam Rosenstadt LLP was an extension of my Master’s in New York, providing me with a unique perspective on how the law is practiced in New York. This experience broadened my outlook and allowed me to imbibe a wealth of knowledge from a different legal environment, enhancing my analytical and practical skills.

    Interning with PepsiCo (and Airtel) offered me invaluable insights from the client’s perspective. These experiences taught me how corporate departments function and the importance of tailoring legal advice to meet the needs of business teams. I learned that while legal expertise is crucial, the ability to communicate complex legal concepts clearly and concisely is equally important. This understanding has been pivotal in my approach to providing practical and business-oriented legal solutions, ensuring that my advice is not just legally sound but also easily comprehensible and actionable for clients.

    How do you balance your professional responsibilities with your personal hobbies and interests? Can you tell us about a hobby or interest that helps you unwind and perhaps even inspires your professional work?  

    For me, listening to music is a wonderful way to unwind. It helps me relax and often sparks creativity, which can be surprisingly beneficial in my professional work. Spending quality time with family and friends is another essential aspect of my life. These moments of connection and laughter provide a much-needed break from the demands of work and help me return to my responsibilities with renewed energy and focus.

    I also try to make time for physical health by going to the gym—sometimes. While my attendance might not be as consistent as I’d like, the effort to stay active is important. Physical exercise not only attempts to keep me fit but also clears my mind, making me more effective and focused in my professional tasks.

    Ultimately, maintaining a balance between work and personal life allows me to stay motivated and inspired. It ensures that I can give my best both in my career and in my personal relationships, leading to a more fulfilling and well-rounded life.

    As a recognized leader in intellectual property law, what advice would you give to young professionals entering this field? What skills and qualities do you believe are essential for success in IP law?  

    As emphasised above, my advice to all young professionals would be to spend more time in the preparation of your case, be able to ascertain all of the twists and turns that may happen and know what your response will be. Each Judge / Registrar / Hearing Officer has a way of dealing with a case. The best way is to know what would trigger them.

    At the end of the day, everybody can learn the law, it’s about how you present yourself to get your case in your favour. As long as you don’t lose willpower and the ability to reach to a logical conclusion, any difficult situation can be handled. Out-of-the-box thinking is what makes a lawyer successful.

    Success is a deeply personal journey, unique to each individual. As Ralph Waldo Emerson once said, “To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment.” In the legal profession, where careers are built case by case, visions of success can vary greatly. For some, it’s about becoming a partner at a prestigious firm, winning high-profile cases, and making a significant impact on the legal landscape. For others, success might mean advocating for underrepresented communities, building a practice that prioritizes client relationships, or having the freedom to work on cases you are passionate about.

    There is no right or wrong answer. The key is to define success on your terms. What excites you? What brings you fulfilment? What impact do you want to make? Ambition plays a crucial role in this journey. It drives us to set higher goals, push our boundaries, and strive for excellence. Being ambitious means not settling for mediocrity but constantly seeking growth and improvement.

    Remember, it’s perfectly okay to have a different vision. Your journey is uniquely yours. Celebrate your wins, no matter how big or small, and most importantly, enjoy the ride. Stay ambitious and let your passion guide you.

    Your role involves handling complex intellectual property portfolios for both domestic and multinational clients. How do you approach cultural and jurisdictional differences when advising clients on IP strategies globally?

    Navigating cultural and jurisdictional differences is a critical aspect of our work. We prioritize understanding and respecting cultural nuances, learning about their local practices, market conditions, communication styles, and how our clients operate. Additionally, we stay updated on the latest legal developments in key jurisdictions, collaborating closely with local counsel to ensure compliance with regional laws and leveraging their expertise. 

    Each client’s needs are unique, so we develop tailored IP strategies that consider both global and local contexts, conducting thorough risk assessments and devising strategies that align with the client’s business objectives while mitigating jurisdictional risks. Clear and effective communication is vital, and we ensure our communication is precise, transparent, and adapted to the preferences of our clients, building trust and ensuring alignment on IP strategies. 

    Committing to continuous learning and adaptation, we stay ahead of changes in laws, regulations, and cultural trends, providing informed and forward-thinking advice. By integrating cultural sensitivity, jurisdictional expertise, tailored strategies, effective communication, and continuous learning, we ensure our clients receive comprehensive and contextually relevant advice on their intellectual property matters, regardless of where they operate.

    As someone who has achieved significant recognition early in your career, what personal philosophies or principles do you attribute to your success, and how do you implement them in your day-to-day work?  

    Achieving recognition early in my career has been a rewarding journey, and I attribute my success to a few core personal philosophies and principles. Foremost among these is the importance of staying humble. Humility allows us to remain open to learning and growth, recognizing that there is always more to understand and new perspectives to consider. This mindset helps me build strong, collaborative relationships with colleagues, clients, and mentors, fostering an environment of mutual respect and continuous improvement.

    Diligence is another cornerstone of my professional philosophy. I believe that consistent, dedicated effort is crucial to achieving long-term success. In my day-to-day work, this means meticulously preparing for each case, paying attention to every detail, and anticipating potential challenges. By being thorough and proactive, I ensure that I am always well-prepared to advocate effectively for our clients.

    Implementing these principles involves a few key practices. First, I prioritize continuous learning, and staying updated on the latest developments in intellectual property law and related fields. This not only enhances my expertise but also demonstrates my commitment to providing the best possible service to our clients. Second, I maintain a strong work ethic, approaching each task with the same level of dedication and care, regardless of its size or complexity. This consistency builds trust and reliability, both within my team and with our clients.

    Additionally, I strive to lead by example, fostering a culture of humility and diligence within my team. By encouraging open communication, valuing diverse perspectives, and recognizing the contributions of others, I create an environment where everyone feels valued and motivated to do their best work. This collaborative approach not only enhances our collective performance but also contributes to a positive and supportive workplace culture.

    Ultimately, I believe that staying humble and diligent in our work creates a solid foundation for success. By focusing on continuous improvement, maintaining a strong work ethic, and fostering a collaborative and respectful environment, I am able to achieve my professional goals while also contributing positively to the broader legal community. Success, in my view, is not just about individual achievements but also about the impact we have on those around us and the legacy we build through our work.

    Mentorship can play a critical role in career development. Have you had any mentors who significantly influenced your career, and how do you now approach mentorship with junior associates in your firm?  

    Mentorship has been instrumental in my career, with several mentors significantly influencing my professional journey. One mentor, in particular, taught me the importance of integrity, perseverance, and continuous learning, guiding me through complex legal challenges and inspiring me to strive for excellence. Drawing from these experiences, I now approach mentorship with junior associates by actively listening to their concerns and aspirations, providing constructive feedback, and encouraging continuous learning. I strive to lead by example, demonstrating hard work, integrity, and dedication, while fostering independence and celebrating their achievements. By creating a supportive and empowering environment, I aim to help my team reach their full potential and prepare for future leadership roles.

    Get in touch with Yashwant Rai Grover-

  • “My advice to young professionals is to be yourself. Embrace your originality and avoid copying others. You are unique and have your own personality. Strive to discover and develop your true self to the fullest.” – Sameet Gambhir, Sr. Vice President & Group head, UFLEX Limited

    “My advice to young professionals is to be yourself. Embrace your originality and avoid copying others. You are unique and have your own personality. Strive to discover and develop your true self to the fullest.” – Sameet Gambhir, Sr. Vice President & Group head, UFLEX Limited

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

    Can you share with us how you began your career in law and company secretarial work? What inspired you to enter this field, and how did you progress to your current position?  

    Interestingly, my journey towards becoming a legal counsel and law professional started accidentally. When I was in college pursuing my B.Com, I aspired to become a Chartered Accountant. To gain some working experience before enrolling in CA, I joined an organization to work in the accounts function after completing my B.Com. There, I met the Company Secretary and Legal Counsel, and I was impressed by their role, interacting with top management, handling significant matters, and sitting in board meetings. I was fascinated by that role and, instead of CA, I joined the CS course.

    However, as fate would have it (and I believe that destiny plays a very important role in our lives), after becoming a Company Secretary and joining an organization as CS back in the early 90s, I was given the charge of the legal function as well. Since CS work also involves a lot of legal and compliance responsibilities, I was happy to take on this additional role. That’s where my journey as a legal counsel began, and I later completed my graduation in Law as well.

    Since then, I have always worked as a legal counsel or legal head, mostly in-house. It’s been around 30 years since I took on these roles, working with different Indian and multinational organizations. From the moment I was first given charge of the legal function, I realized that this was what I always wanted to do. Initially, I gained exposure in litigation, then contracting, followed by IPRs, brand protection, and all other related fields, including compliance and risk management. Of course, I have continued my role as a Company Secretary and take pride in that.

    The past three decades have flown by like it was yesterday. Presently, I am the Sr. Vice President and Head of Legal at UFlex Ltd., a multibillion-dollar organization and India’s largest multinational flexible packaging and solutions company. UFlex manufactures a wide variety of flexible packaging films for various industry sectors across the world. With headquarters in Noida (National Capital Region), the company has packaging films manufacturing facilities in India and overseas under the global subsidiary packaging films brand ‘Flex Films’ in UAE, Mexico, Poland, Egypt, Russia, USA, Hungary, and Nigeria, with a cumulative capacity of over 609,000 TPA.

    Can you share some of the most challenging legal cases or compliance issues you have faced and what you learned from those experiences? Additionally, what are some emerging trends in the legal field that you believe will shape the future of corporate law and compliance?  

    Data privacy is an important legislation that has a significant impact on all organizations. Cyber risk is another area that requires serious monitoring, review, and an effective framework. Additionally, SEBI’s existing and upcoming regulations and compliance on Responsible Business and Sustainability have brought ESG and sustainability to the forefront of all organizations. This is beneficial not only for the organizations but also for the nation and the world as a whole.

    During your tenure at DCM Shriram Ltd., you held the position of VP (Corp. Law) & Company Secretary for almost a decade. What were some of the key achievements and challenges during this time?  

     In the last ten years, particularly after the new Companies Act and new SEBI regulations, the role of in-house counsel and company secretaries has significantly increased and become very challenging. Compliance with SEBI Listing regulations, SEBI (Prohibition of Insider Trading) Regulations, FEMA compliance, Companies Act, and other corporate compliances require constant attention and a high level of proactiveness. Shareholder governance has also become a new challenge, with shareholder activism on the rise in India. This is beneficial for both the company and the shareholders. Therefore, providing appropriate and accurate disclosures with all relevant information to shareholders and the public has become a priority in governance today.

    Compliance and governance of insider trading and SEBI regulations are complex and challenging roles that require a proactive approach, including regular awareness sessions and training for employees and other connected persons. As we operate multiple businesses, each with its own dynamics, this is crucial.

    Outside of your professional life, do you have any hobbies or interests that you are passionate about? How do they help you maintain a work-life balance?  

    I am very passionate about golf. Every weekend starts with a round with friends. I am truly in love with this game and can’t imagine myself without it. Golf is purely a mind game and teaches you a lot of life lessons. Playing twice or thrice a week is a must for me. If I don’t play in any given week, it feels incomplete. This game not only relaxes and recharges me but also reveals one’s true character on the course. Golf is the best thing that has happened to me, and I could talk about it for pages.

    As a visiting faculty and guest lecturer, what topics do you find most crucial to impart to your students? How do you ensure they are prepared for the evolving legal landscape?  

    I usually teach corporate laws, IPRs, labor laws, and data protection. However, today’s generation needs to be fully geared up with technology in legal, what we call Techlegal. This is the time of AI, ML, and GenAI, and routine tasks will increasingly be handled by technology. To excel in the field, students need to be proficient with technology and demonstrate creativity and new ways of working.

    For students and young legal professionals trying to decide between pursuing a career in litigation or as an in-house counsel, what advice would you give to help them understand which area might be the best fit for them? 

    I think both have their taste. It depends on what is of your interest. However, in both situations, my advice to youngsters is – Be yourself – You are what you are – be original and don’t copy anyone. You are unique and have your personality. Find yourself to the optimum. Of course, there are many things one should learn from the seniors and other leaders that should be part of your development and increase your skillsets but don’t lose your originality, no one can replace you. Further as a career advice, since we are today living in a dynamic time and things are changing so fast that by the time you get to the details of a thing the new version or new avatar is already there. Therefore one needs to get to speed with this. Technical competency is mandatory but being proficient in technology is the need of the time as we are already in the era of AI, M, and Metaverse and it’s a reality. Keeping yourself updated with the time is crucial for the counsels to be successful. The other two most important things – one they should understand the business first before they advise and the second is the quick responsiveness and proper research.

    Get in touch with Sameet Gambhir-

  • “Continuous legal updates and the empowering ability to make firm decisions were the most   effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.” – N. Raja Singh, Partner at UKCA & Partners LLP

    “Continuous legal updates and the empowering ability to make firm decisions were the most   effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.” – N. Raja Singh, Partner at UKCA & Partners LLP

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

    Mr. Singh, can you please share with us how you began your career in corporate and commercial law and the journey that led you to become a partner at UKCA & Partners LLP? Please allow us to walk you through your journey from choosing law as a career to being a partner.

    I have had a delightful journey to read law and an arduous hike in my career until I made Partner at UKCA and Partners LLP. My dream to become a lawyer started in school when my teacher advised me to study political science to become a good lawyer. 

    In 1999, I embarked on a five-year integrated BA LLB (Hons) course. My professor, who taught me contract and company laws, highlighted the importance of and encouraged me to take up commercial and corporate law practice in Delhi. This set the course for my choices in law. 

    Post-graduation, I had the opportunity to practice under the mentorship of Dr. U.K. Chaudhary, Senior Advocate and founder of UKCA. Initially, I had to work hard to understand the jargon of commercial and corporate laws. With sincerity and hard work to cope with the pressure and deadlines, I learned the ropes. 

    As a mentor and guide to young lawyers, what specific qualities do you believe are essential for a successful career in law, and how do you nurture these qualities in your mentees?  

    One of the most rewarding aspects of my journey is the opportunity to guide and mentor many junior lawyers, helping them navigate the complexities of the legal field and develop their organizational skills. I am particularly drawn to the potential and dynamism of young lawyers. The key qualities for a successful legal career, as I have learned, includes a profound understanding of case facts, the ability to draft and interpret legal provisions, and the skill to construct a robust case or defence. As a mentor and guide, I engage young lawyers in reading the case files multiple times until the facts become second nature to them. When they come to brief me on the facts, I often find that they need to read the case file more thoroughly. This is when I read along with them, ensuring they understand the facts. I then guide them in applying the facts to the legal issues, navigating the various aspects of legal intricacy involved in the case. I also lead them in extensive legal research using all modes of study related to the case. Once they have a clear understanding of the law involved in the case, they are confident enough to draft the pleadings and present them to the court.  I also strongly encourage them to present the case before the Hon’ble Judges of various courts in India, fostering their confidence and skills and supporting their growth as legal professionals. My mentees remember me and continue to call me for any legal issues. Several of them started their own law firms, and while a few are working in-house, most are working with law firms pan-India. This is a testament to the growth potential in the legal profession and the bright future that awaits them.

    You have represented clients in some high-profile arbitration cases, including one of the biggest challenges in India. Could you tell us about the complexities and learnings from handling such significant cases?

    During my tenure at UKCA, I successfully managed a wide array of high-profile arbitrations. These cases spanned diverse sectors such as construction, investment, subscription, defence, hotels, malls, papers, and more. This breadth of experience showcases my ability to adapt and handle complex cases across various industries.  

    The MS Shoes East Limited case, a pivotal arbitration matter, was a significant milestone in my career. It involved complex laws relating to an undersubscribed Initial Public Offering (IPO). I represented over 100 underwriters who played a crucial role in MS Shoes’ IPO subscription.

    While handling MS Shoes Arbitration, I honed my skills further in SEBI law and regulations, circulars, and notifications, mainly relating to IPOs.   I also learnt the art of negotiating and dispute resolution strategies with the opposite party to bring them to the negotiation table. I have also learnt to handle pressure and the volume of documents involved in arbitration proceedings.   

    Arbitration is a key part of your practice. How do you see the role of arbitration evolving in the Indian legal landscape, and what advice would you give to young lawyers interested in this field?  

    Arbitration, an efficient alternative to the routine court judicial process, is immensely significant in swiftly resolving disputes between parties relating to civil, commercial, construction, investment, etc. 

    Amendments made in 2015 and 2019 to the Arbitration and Conciliation Act of 1996 paved the way for the evolution of arbitration in the Indian legal landscape, making it more efficient, transparent, and time-bound to complete. Additionally, India has aligned its legal framework with global best practices, so foreign investors have shown increasing trust in the Indian arbitration system. 

    The evolution of arbitration in India is not just about legal changes. It’s also about embracing technology. The COVID-19 pandemic, while disruptive, has been a blessing in disguise, accelerating the use of technology in arbitration and enabling arbitrators and parties to conduct proceedings from anywhere in the world. Further, the establishment of two institutional arbitration centres, the Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre (DIAC), has led to a shift from traditional ad-hoc arbitration to these centres.

    I would like to advise young lawyers who want to practice arbitration to look for a trainee or associate position with a law firm that practices arbitration. They should inculcate the habit of extensive research and documentation, practice legal writing skills, and be well-versed in communication skills.  

    You’ve advised clients on antitrust investigations concerning price-fixing and bid-rigging. Can you share an example of a particularly challenging case and the strategies you employed to address it?

    The challenges that I encountered while advising the clients on antitrust investigations concerning price-fixing and bid-rigging are the mere allegations based upon circumstantial evidence such as proxy bidders, identical bids, communication patterns, and also frequent communications between bidders can be misinterpreted as collusion. Further, even the IP addresses and call detail records can be technical and challenging to dispute, and sharing price information, even if it’s publicly available, can be misconstrued if it appears to affect market competition. Furthermore, legitimate parallel pricing behaviours can be mistaken for collusion, requiring detailed justification.

    I advise industries to keep comprehensive and transparent documentation of bidding and pricing activities and establish and enforce internal policies to prevent anti-competitive behaviour. Providing robust evidence of independent business justifications for bids and prices and constantly monitoring and archiving communications to ensure they comply with competition laws are all important. 

    However, it’s equally crucial to understand the compliance requirements. This knowledge gives you control over your actions and ensures you are always on the right side of the law. Engaging legal and digital forensic experts to counter circumstantial evidence, cooperating with the investigating authority, and proactively addressing potential concerns are all part of a comprehensive strategy.

    As an Alternate Chairperson and Local Commissioner appointed by the court, what responsibilities do these roles entail, and how do they complement your work at UKCA & Partners LLP?

    In 2010, the Hon’ble Delhi High Court appointed me as an alternate Chairperson in a Court-convened meeting in a merger case. My role was to oversee the court-convened meeting, including following the agenda, ensuring adherence to procedural requirements as per the Companies Act, 1956, and maintaining minutes of the proceedings. I also ensured that votes and resolutions relating to the merger were thoroughly documented, conducted voting on resolutions, and ensured that resolutions were passed with due legal compliance. After the meeting, I meticulously prepared a comprehensive report detailing the proceedings and the resolutions passed and submitted it before the Hon’ble Court. 

    Again, in 2009, the Hon’ble DRT-II, Delhi, appointed me as a local commissioner to recover a hydraulic excavator from Barabanki, Uttar Pradesh. My role was to strategize a plan with the banker to locate where the excavator was stationed. After it was located, I visited the place and engaged local police with some personal security guards to maintain law and order, remembering that I had to recover the excavator from the road builder from the highway construction site. I managed to recover the excavator and parked it in the stockyard after preparing a list of inventories with the banker, preparing a detailed report, and submitting it before the Hon’ble DRT.      

    Acting as an Alternate Chairperson and local commissioner, I gained invaluable knowledge and skills, such as strategic decision-making, leadership, and procedural expertise, which I now apply in my regular practice. I also share my experience with my colleagues and associates, complementing the firm’s work. The experience and skills I acquire enhance my professional growth and our firm’s reputation and improve client satisfaction through better advisory and representation.  

    Given your experience in domestic and international arbitration, how do you navigate the differences in legal systems and practices across borders, and what challenges have you encountered?  

    Understanding the legal systems and practices in different jurisdictions is critical to effective arbitration. It ensures you are well-informed and prepared for any new legal developments impacting your arbitration proceedings. Thorough research on how similar disputes have been handled in different jurisdictions is essential. Mastering these differences necessitates clear communication, which is a fundamental aspect and the cornerstone of fair arbitration. 

    I have faced these challenges while enforcing arbitral awards in China, which presents challenges through various legal, procedural, and practical considerations. Chinese courts have the power to review foreign arbitral awards. Local protectionism can play a role, especially if the award is against a regional party with significant influence or importance in the region. Local courts may be reluctant to enforce awards against local companies. While China is a signatory to the New York Convention, recognising and enforcing awards from certain foreign arbitral institutions may encounter resistance. Further, locating and seizing assets in China is another significant challenge due to the lack of transparency and the ability of debtors to hide or rapidly transfer assets. 

    Continuous learning and adaptability are beneficial and essential in international arbitration. By embracing these strategies and anticipating challenges, arbitration professionals can effectively navigate the complexities of cross-border disputes.

    In your journey to becoming a partner and leading your practice areas, what personal growth strategies have you found most effective, and how do you apply them in your daily life?

    Continuous legal updates and the empowering ability to make firm decisions were the most effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.

    I apply the strategies daily by getting up early in the morning, playing sports , meditating, and reading legal news and updates. I also engage in deep reflection on myself and areas for improvement. After that, I set my goal to accomplish the task. 

    When applied daily, these strategies serve as stepping stones in my journey towards becoming a partner and leading in my practice areas.        

    How have recent global events, such as economic shifts or geopolitical changes, influenced the legal landscape in which you operate, and how do you adapt your strategies accordingly? 

    Global recent events, such as the penetration of information technologies, especially after the COVID 19 pandemic, have changed the way of litigation, including courtroom appearances, hearing, and filing of cases. 

    Filing in Courts/ Tribunals is mandatorily being done through e-filing and digital signatures. Submissions of hard copies and paper-book are dispensed with. Court and Tribunals are connected online for hearing on both ends fitted with cameras, microphones and LCD display units. Inspection of court files are available online in the High Court of Delhi and other Tribunals. All these facilities have enabled advocates to take up cases from different jurisdiction and to appear online for hearings simultaneously for different High Courts and Tribunals.

    Economic shifts have also resulted in changing the nature of cases apart from traditional civil and criminal matters. We represent parties in arbitration matters where government bodies are one of the parties. Disinvestment policies of the government and the public-private model of industries have changed the nature of disputes altogether. Now we have cases of shareholder disputes in joint-venture entities where one of the parties is a government body, e.g. Govt. of NCT of Delhi or SAIL or the Ministry of Defence. So, we are changing our strategies for litigation or arbitration accordingly.

    Outside of your professional life, what hobbies or personal interests do you pursue, and how do they help you maintain a balance in your demanding career? 

    I enjoy swimming and playing sports. Additionally, I am dedicated to supporting my community by helping residents with their difficulties and spending quality time with friends. These activities contribute to my positive outlook and help me maintain a healthy balance alongside my demanding career.  

    Get in touch with N Raja Singh-

  • “Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions”- Apurva Kanvinde, Partner at Juris Corp

    “Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions”- Apurva Kanvinde, Partner at Juris Corp

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

    Can you tell us about your journey and how you ended up pursuing a career in law, specifically focusing on securities law and debt capital markets?

    Certainly! My journey in the legal field began at Government Law College, Mumbai, where I cultivated a passion for corporate law and legal intricacies. Early on, I worked as a Senior Executive-Legal at SBICAP Trustee Company Ltd, gaining valuable experience. This laid the foundation for my transition to Juris Corp, where I’ve spent over eleven  years honing my skills. My interest in securities law and debt capital markets grew organically as I navigated through various roles, ultimately leading me to head the Securities and Capital Markets Team at Juris Corp.

    Debt capital markets can be quite complex and dynamic. What initially drew you to this particular area of law, and what aspects of it do you find most fascinating?

    The complexity and dynamism of debt capital markets always intrigued me. I was drawn to the challenge of understanding intricate financial structures and regulations. What fascinates me most is the strategic interplay between legal frameworks and financial transactions. It’s a realm where law and finance converge, and I find the synergy between the two truly captivating.

    You’ve played a pivotal role in advising and strategizing on various complex debt capital markets transactions. Could you share an example of a particularly challenging transaction and the key insights you gained from that experience?

    One notable transaction that comes to mind is the issue of global medium term notes by Reliance Industries Limited which was guaranteed by Export Import Bank of India. It was the first transaction guaranteed by Exim Bank. The transaction involved navigating intricate regulatory hurdles and devising innovative structures to meet client objectives and coordinating with various onshore and offshore parties. The challenge was in ensuring compliance while optimizing the financial outcome. This experience reinforced the importance of adaptability and creative problem-solving in the ever-evolving landscape of debt capital markets.

    Your expertise includes representing various foreign portfolio investors, financial institutions, and alternative investment funds. How do you navigate the unique challenges that arise when dealing with international clients and regulatory frameworks?

    Dealing with international clients demands a nuanced understanding of diverse regulatory landscapes. Communication is key. I ensure transparent and open lines of communication, fostering a collaborative approach. Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions.

    You’ve been recognized in various publications and directories as a leading lawyer in debt capital markets. What strategies have you employed to consistently deliver high-quality service to your clients and earn such accolades?
    Consistency in delivering high-quality service involves staying attuned to clients’ needs and industry trends. I prioritize ongoing education to stay ahead of the curve. Building strong client relationships based on trust and transparency has been pivotal. Recognition stems from a client-centric approach and a commitment to delivering value in every transaction.

    The financial and legal landscape is ever-evolving. How do you stay updated with the latest developments and trends in the debt capital markets to ensure your clients receive the best advice possible?

    Staying informed is non-negotiable in our field. I dedicate time to continuous learning through seminars, industry publications, and networking events. Collaborating with colleagues and experts helps exchange insights. Being proactive in monitoring regulatory updates ensures that my advice is not only sound but also aligned with the latest market dynamics.

    In your articles and publications, you’ve covered a wide range of topics related to securities and capital markets. How do you approach breaking down complex legal concepts into easily understandable insights for your readers?

    Simplifying complex concepts is an art. I aim to bridge the gap between legal jargon and accessibility. Analogies, real-world examples, and a step-by-step breakdown are my go-to methods. The goal is to empower readers with a clear understanding, fostering a broader appreciation for the intricacies of securities and capital markets.

    India’s legal and financial environment can present unique challenges. Could you share a specific instance where you had to devise a creative solution to navigate regulatory complexities and achieve your client’s objectives?

    Certainly, there was a case where regulatory hurdles threatened the feasibility of a transaction. is a complex trade involving asset reconstruction companies issuing non principal protection where the returns are linked to security receipts. I proposed a novel structure that adhered to the spirit of the law, we successfully navigated the complexities, achieving the client’s objectives. This reinforced the importance of innovation in problem-solving within the Indian legal landscape.

    You’ve been highly appreciated by your clients for your dedication and determination. How do you maintain a balance between your professional commitments and personal life?

    Maintaining balance is crucial. I prioritize tasks, set realistic expectations, and delegate effectively. Quality, not quantity, is key. Regular breaks and personal time are non-negotiable. It’s about discipline, efficiency and effectiveness in both professional and personal spheres, ensuring that dedication is balanced with a healthy lifestyle.

    As a successful lawyer with substantial experience, what advice would you give to fresh graduates who are considering a career in law, particularly in the field of debt capital markets?

    For fresh graduates entering the legal arena, my advice is to cultivate a deep curiosity for the subject matter. Embrace challenges as learning opportunities, and don’t shy away from interdisciplinary knowledge, especially in finance. Building a strong network, staying adaptable, and continually educating yourself will set a solid foundation. Remember, success in debt capital markets requires a blend of legal acumen and financial understanding.

    Get in touch with Apurva Kanvinde-

  • “In the realm of M&A, negotiations are the crux, and the art of negotiation is something we can never hone enough” – Archana balasubramanian, Founding Partner of Agama Law Associates, Unveils a Decade-Long Legal Odyssey.

    “In the realm of M&A, negotiations are the crux, and the art of negotiation is something we can never hone enough” – Archana balasubramanian, Founding Partner of Agama Law Associates, Unveils a Decade-Long Legal Odyssey.

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

    What prompted you to do Law? and then, what prompted you to move to corporate law? And at the end in the whole journey. What made you establish Agama Law associates?

    The question of why law has always intrigued me, dating back to a remarkably early age of around 12 or 13. At that point, my understanding of the legal field was limited, and there were no familial ties to the profession. Nevertheless, something about law captivated me deeply. As a voracious reader during my childhood, I found the prospect of a career where continuous learning was inherent and extended throughout one’s professional life to be highly appealing.

    The realization that law touches every aspect of life dawned on me as I grew older. Unlike professions such as medicine, pharma, or engineering, which often specialize in a single domain, the legal profession offers a unique insight into multiple facets of life. Whether practicing medical law, which requires a profound understanding of medicine, or delving into criminal law, where a high understanding of criminal psychology is crucial, the multifaceted nature of law continues to be a source of excitement.

    Moreover, my enthusiasm for law extends to the generalist role I currently embrace. In a landscape where specialization is often emphasized, my passion lies in exploring diverse areas of law. This inclination was evident from an early stage, a decision supported by my father. This generalist approach allows me to navigate through various legal territories and maintain a broad perspective, which I find both stimulating and fulfilling.

    Reflecting on my journey, the inception of my legal career was marked by this passion and a commitment to continuous learning. It’s a journey that has been shaped by a love for reading, an excitement for the multifaceted nature of law, and a deliberate choice to remain a generalist in a world that often leans towards specialization.

    My legal journey commenced under the mentor-ship of a senior counsel, renowned as the leading shipping lawyer in the country at that time. The realm of shipping law was exceptionally thrilling and lucrative, akin to a gold mine in the legal landscape. Although disputes were relatively scarce due to the industry’s prosperity, my exposure was comprehensive. From witnessing ship arrests to navigating shipbuilding contracts, the experience was enlightening. As junior members in a senior’s office, understanding the intricacies of queuing matters and gauging the dynamics of working alongside a seasoned professional fueled my desire to explore beyond the apparent tip of the iceberg.

    Subsequently, my journey led me to a solicitor setup, where the practice encompassed both litigation and non-litigation matters. This phase afforded me a diverse range of experiences, delving into project finance and mergers and acquisitions (M&A). Engaging in IPO-related work and handling white-collar matters in the court provided a well-rounded exposure. Frequenting both Criminal Court and the High Court for writ petitions enriched my understanding of legal processes.

    Transitioning to a role at AZB marked a grounding experience, characterized by the demanding quality of work and the competitiveness inherent in the firm’s culture. The challenges posed in managing time constraints and a myriad of responsibilities served as a valuable learning curve. This stint prompted a process of unlearning certain approaches, fostering personal and professional growth.

    My inclination towards connecting with people on an individual level led to the establishment of Agama. Originating in a single room, this venture symbolizes my quest to reach out independently and make a tangible impact. The journey, from the initial mentorship in shipping law to navigating diverse legal landscapes, has been characterized by continuous learning, adaptation, and the pursuit of meaningful connections.

    Your experience spans various sectors, from manufacturing to healthcare. Is there a specific industry that you find particularly intriguing or challenging, and why? And how do you break the boundaries and enter that challenge, because this is for the ones who are entering this amazing field of law as you mentioned.

    For lawyers, such as myself, who adopt an industry-agnostic approach, the legal landscape presents a diverse and expansive canvas. Personally, I’ve been fortunate to accumulate a wealth of varied experiences across different sectors. Among the most dynamic and engaging areas of law today is the realm of general corporate law.

    Within general corporate law, several sectors stand out as particularly exciting. One such burgeoning industry is logistics, encompassing a spectrum of aspects, from real estate to road and vehicle-related laws. The logistics industry has witnessed remarkable growth, with emerging players like micro-mobility companies and port operators contributing to its dynamism. Advising clients in this field involves addressing a wide range of issues, including labor matters, especially those with an IT-centric focus. Additionally, logistics offers opportunities to provide counsel on data protection and navigate complex cross-border challenges. The sector also presents instances of high-quality arbitration, especially concerning transport, customs, and international trade.

    Another compelling and niche area that is currently witnessing the development of legal jurisprudence is the regulatory framework surrounding renewable energy. In this domain, there are relatively few lawyers in the country specializing in this evolving field. Personally, I have been privileged to work on projects related to renewable energy, particularly in assisting a client in setting up solar farms in India. This experience has spanned a broad spectrum, involving M&A, regulatory compliance, and labor issues, making it a truly comprehensive and rewarding endeavor over the past one and a half years.

    In the context of fostering growth and cultivating relationships with clients, particularly within the framework of your own firm, could you share insights into how you went about establishing these connections? What strategies did you employ when encountering unfamiliar individuals whom you identified as potential valuable clients for your firm? Additionally, could you elaborate on the foundational values that guided your approach in engaging with clients and ultimately contributed to the development and current standing of your firm?

    The foundation of any long term relationship lies in unwavering mutual trust and mutual value addition. For us, as lawyers, trust is given where we uncomplicate. If businesses can trust us to unwind the complexity in a stressful situation, as fast as possible, instead of taking them deeper down the web of intricacy – we have justified our existence. Navigating the intricacies of being a good lawyer revolves around a crucial ability: the aptitude to unravel complex problems and present them in simplistic terms, particularly from the client’s perspective. The foremost skill lies in understanding the client’s desires, pinpointing their current pain points, and crafting viable solutions.

    Some of the most renowned lawyers often exhibit this proficiency, breaking down intricate legal matters into comprehensible points for their clients. The challenge arises from the fact that clients may express their problems differently due to a lack of legal understanding. Lawyers need to bridge this gap by deciphering the true legal issues beneath the client’s articulated concerns.

    Ultimately, being an effective lawyer hinges on a clear comprehension of what the client wants, an astute understanding of their present challenges, and the ability to provide feasible solutions. The task extends beyond legal expertise, requiring effective communication and translation of legal intricacies into practical and accessible terms for the client.

    Certainly, the process involves two distinct facets: understanding clients and acquiring clients. Acquiring clients, relatively, is the more manageable aspect. It often necessitates showcasing one’s abilities, effectively communicating in the client’s language, and establishing a level of comfort that encourages collaboration.

    In the contemporary legal landscape, companies tend to engage with multiple legal professionals for diverse needs, disrupting the traditional model where a single firm handled all legal matters. As a result, lawyers need to adapt to this shift and recognize that not every point of contact transforms into a client. Identifying whether a client is attainable, either from the client’s perspective or the lawyer’s, is a nuanced evaluation.

    Understanding clients, on the other hand, delves into the core of their challenges and aspirations. It involves deciphering the key issues they face and determining whether the proposed legal solutions align with their objectives. The crux lies in comprehending what the client aims to achieve and guiding them toward feasible solutions. This task stands out as the most intricate part of the process.

    While legal documentation and transaction structuring are essential components, they primarily serve as logistical elements. However the foundational value is to get at the core of what a business needs but is not able to put into words. The value is also to minimize logistical efforts, and hence costs, as far as dispensable without compromising on risk-protection. The true essence lies in grasping whether our efforts effectively contribute to realizing the client’s goals. Therefore, the key to success in the legal profession lies in the nuanced understanding of both acquiring and understanding clients, ensuring that legal services align with and contribute to the client’s desired outcomes.

    Could you elaborate on how you navigate the delicate balance between intricate legal nuances and the broader business context when serving in an advisory role? Specifically, when recommending clients to others, how do you manage this equilibrium, considering that clients hold the reins in decision-making, and advisory services revolve around facilitating their processes and needs?

    As an advisor, I have an obligation to multiple coordination points – the individual seeking advice, the organization the individual is representing, and then the criticalities that both the representing individual as well as the organizational governance may not have full awareness or understanding of and may not have planned to address, yet. It’s crucial to align these aspects. For instance, a client might approach us for a lease agreement, but upon deeper discussion, we may discover they lack essential commercial terms. In such cases, our role evolves beyond legal drafting, extending to advising on business risks and strategic decisions.

    While some clients seek legal interpretations, others welcome comprehensive business advice. The distinction lies in understanding their specific needs. Some engagements involve academic legal exercises, while others delve into strategic business decisions. Being part of this decision-making process is equally enjoyable for us.

    As an advisor, the key is intuitive understanding—discerning whether clients merely seek legal input or require a deeper exploration of their business context. This process takes time and builds on familiarity, similar to understanding friends. Ultimately, aligning with clients’ objectives is paramount in offering effective advisory services.

    Your focus on process-driven risk management systems for startups is noteworthy. What key principles do you believe are crucial for startups to establish a sustainable foundation in terms of legal compliance?

    Sustainable business foundations would involve managing foresight and mapping the pie that a business is trying to negotiate for itself, well in advance. In the sharply agile market that we are witnessing in all sectors thanks to tech advancement and artificial intelligence, a business that desires to sustain itself for any amount of term that is markable, the bare minimum requirement is to cover for risks and obligations that will flow much in advance. Mature entrepreneurs have that foresight to an extent, but fledgling start ups don’t. This is where our experience – and the systems and in-built processes that has led to within our advice – comes in. 

    When startups seek advice, we often encounter two distinct types. Firstly, there are mature entrepreneurs who have prior experience in the field and are advancing their ventures. Dealing with them is relatively straightforward as they possess a solid understanding of the workings, time-frames, and compliance risks. They proactively ask the necessary questions, making the consultation process smoother.

    On the other hand, there’s a different category of startups – those with innovative products or disruptive ideas seeking funding and eager to establish and run their systems. Handling these startups requires a unique approach. With mature entrepreneurs, conversations can delve into advanced levels, as they are already aware of the eventual need for compliance. In such cases, simplifying their journey is achievable by providing checklists and connecting them with essential professionals like company secretaries and chartered accountants. We have a well-established network of professionals with whom we collaborate, facilitating these connections.

    For the latter type of startups, there is a need for a more persuasive approach. Convincing them of the importance of compliance is crucial. As legal advisors, our role primarily involves guiding them on compliance requirements rather than directly handling compliance matters. By effectively communicating the necessity of adherence to regulations, we aim to bridge this understanding gap and help them navigate the intricacies of legal compliance. Ensuring success in the startup landscape today is imperative, especially considering the vast reach of the Internet. I recently came across an intriguing insight in a doctor’s room that resonates with this—suggesting that if you trust Google for health advice, you might as well ask Google to cure you. In today’s digital age, startups often grapple with misconceptions, and my role involves investing time upfront to dispel any misinformation and guide them in understanding the landscape.

    One key area I find crucial is steering startups towards sustainable investments. Beyond mere compliance, many startups, in their early stages, inadvertently sacrifice significant equity and rights. The true victory, in my perspective, lies in assisting startups to secure sustainable investments that will propel the company forward without compromising its core interests. This involves strategic steps to avoid pitfalls and foster the company’s long-term growth.

    In my experience, every startup journey unveils distinct challenges and perspectives, which continually enriches my understanding of the dynamic startup ecosystem. It’s fascinating to approach each situation with an open mind, as the nuances and intricacies vary, offering fresh perspectives and learning’s with every new collaboration.

    Mergers and Acquisitions form a significant part of your practice. Could you share a memorable experience or deal that posed unique challenges and how you navigated through them?

    The turning point in my approach to M&A came when as part of one deal, I had said a big unequivocal “No” on behalf of our clients to one of the deal terms. The counter-party, a significant figure in a large group, was humble and kind enough to not come back aggressively to that position but encourage a dialogue. Which is when it really sunk in how much more are we as “facilitators” instead of hurdles, on deal making, as lawyers. And the art of negotiation is something we can’t ever have honed enough – there’s always some new interpersonal aspect to learn about. Despite his stature, he was kind and humble, encouraging a dialogue to resolve the issue. Such experiences reshape one’s perspective, emphasizing the importance of effective negotiation. Therefore,, when it comes to mergers, the crux, for me,  lies in negotiations. This has been the most significant learning for me over the past decade. Working with an entire team provides a certain level of comfort due to the presence of seniors and super seniors. However, the true learning comes from actively negotiating a transaction and seeing it through, which I believe is a crucial skill for lawyers. My advice to young professionals is to actively seek opportunities where they can lead or negotiate transactions rather than being a part of a larger team.

    In our practice, we have instilled this philosophy from the beginning. Regardless of their seniority, all associates are encouraged to actively participate in negotiations and discussions. This exposure ensures that they grasp the context of the deal and understand the dynamics involving clients and counter-parties.

    One challenge in today’s M&A landscape is the post-deal closures, especially in mergers. While closing the deal itself is significant, the groundwork post-merger is equally crucial. Nowadays, many companies handle this in-house or enlist the help of consultants, making it essential for lawyers to understand the entire process.

    Lastly, for young professionals aspiring to excel in M&A, I recommend dedicating effort to understanding the regulatory landscape. Regulatory filings, particularly under the Competition Act, offer a unique perspective. Arguing why a particular combination is not detrimental to competition provides valuable exposure that significantly enhances one’s understanding of M&A in the Indian legal context. If time permits, M&A is an excellent avenue for learning the diverse facets of law.

    Your contributions to various publications and your recognition as a thought leader reflect your commitment to sharing insights. What motivates you to contribute, and how do you stay ahead in an ever-evolving legal and business landscape?

    Lawyers often claim they don’t read enough due to the fast-paced nature of the legal landscape. However, staying ahead requires continuous reading, networking, and engaging with the legal community. Isolation isn’t conducive to legal work; interacting with peers, meeting business professionals, and fraternizing with others are essential for effective practice.

    In terms of recognitions, accolades, and awards, one values recognition for their writing. Encouraging everyone in the company to write, regardless of seniority, expands minds and provides a broader perspective. Writing on various subjects not only benefits the company but also enhances the individual’s understanding of the overall legal landscape. It is most satisfying being approached for stories on POSH and labor-specific law over the past ten years by leading magazines. This recognition, despite not being a senior labor lawyer, is particularly meaningful.

    It would do well to acknowledge the significance of industry magazines and editorial efforts, such as IBLJ, for recognizing lawyers. This recognition makes younger lawyers feel like a vital part of the legal community and boosts morale, especially when attempting to create something parallel to established setups. The credit goes to those in editorial roles who contribute to highlighting the achievements and perspectives of lawyers outside the traditional legal hierarchy.

    Your recognition as a finalist for “Woman Lawyer of the Year 2023” and other prestigious awards is impressive. How do such recognitions impact your approach to your work, and what advice do you have for young lawyers aspiring to make a mark in the legal field?

    Personally, every morning when I wake up, the motivating factor is knowing that clients rely on me. There’s nothing more inspiring than the realization that I can contribute to their businesses. Additionally, my team is waiting for me each day, and our discussions about ongoing issues drive me to be there for them as we work to advise clients. It’s a dynamic mix of client needs and team collaboration that fuels my motivation.

    Speaking of recognition’s, it’s a relatively recent trend. When we left law school, there weren’t as many accolades for lawyers. While I value these recognition’s and they undoubtedly make one feel good (who wouldn’t want to be called a top lawyer in the country?), it’s crucial for young professionals to understand the importance of building their CVs continuously. Every task, from writing an article to advising a client, should be documented. Keeping a record of your learning experiences allows for recollection when needed, whether for award submissions or networking. This proactive approach helps people remember you, and at our firm, we ensure everyone records and reflects on their work regularly. It’s about considering what could have been done better, what went right, what went wrong, and identifying areas for improvement. In the fast-paced world, reflective practices might not always be feasible, but being mindful of this can significantly contribute to personal and professional growth, fostering a sense of pride and accomplishment.

    In an era of increasing data concerns, you’ve been actively involved in data protection agreements. How do you assist clients, especially those in software creation, in navigating data protection compliance and mitigating associated risks?

    In today’s globalized business landscape, privacy has become a crucial factor due to the vast amount of data available to businesses. The handling of data is emerging as a key cost-driving factor, influencing how companies operate. For instance, there is a shift towards keeping data within specific geographical boundaries, like storing Indian data in India and EU data in the EU, driven by government directives, especially in developed countries. While some governments mandate these practices, in India, it’s often seen more as a compliance requirement.

    Our approach to reviewing data protection agreements or privacy documents varies based on the client. With Indian clients, we emphasize the need for compliance, advising against drafting anything they can’t adhere to or might require additional funds for compliance. Privacy is considered non-negotiable, and non-compliance, especially for European clients, can result in significant fines. We often assist clients dealing with European parties but processing data in India, guiding them through transfer impact assessments to ensure compliance.

    The introduction of the Data Protection Act (DPA) is expected to enhance the infrastructure for protecting citizens’ privacy. However, we acknowledge that the existing Information Technology Act and rules, if implemented effectively, could serve a similar purpose. Enforcement, though, remains a challenge due to the complexity of procedures, such as involving the cyber cell or the legal system. With the DPA, many principles are being codified into law, reflecting legislative intent. While this might not drastically alter the groundwork for companies, it does offer more avenues for data subjects to seek enforcement.

    Beyond your professional achievements, what personal interests or activities contribute to your growth and well-being outside the legal realm?

    I believe, like many lawyers, I do face challenges when it comes to taking care of my health. I wish I could prioritize my well-being more and achieve a better balance. However, what takes up the majority of my time is my family, as we have a fairly large one. Balancing work and family is a constant challenge, but we make efforts to promote healthier eating habits within our family.

    For me, mental well-being is crucial, considering the demands of the legal profession. Small things at home can become sources of stress, so learning to switch off when at work and using tools like reminders helps manage personal commitments. Technology, in this sense, plays a significant role in helping me stay organized, reminding me of tasks such as buying a gift for my son.

    While it’s challenging, I’ve learned to establish boundaries between work and home life. Despite the difficulty in today’s fast-paced world, I make an effort not to work when I’m at home. Being part of a family of professionals, with my husband also being a lawyer, helps create routines that prioritize family time, especially on weekends.

    Achieving this balance is different for everyone, and I acknowledge that it’s not an easy task. Personally, I wish I could find more time to read nonfiction, as I used to read several books a year, and now finding time for even one or two is a challenge. However, it remains something I’d love to prioritize in the future.

    Get in touch with Archana Balasubramanian-

  • “Continuous learning, adaptability, seeking mentorship, and maintaining integrity are the keys to building a successful and fulfilling legal career” From In-House Counsel to India’s Top Lawyer – Nitin Jain, Partner at Agama Law Associates

    “Continuous learning, adaptability, seeking mentorship, and maintaining integrity are the keys to building a successful and fulfilling legal career” From In-House Counsel to India’s Top Lawyer – Nitin Jain, Partner at Agama Law Associates

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

    Nitin, we are extremely delighted to have you with us for this interview. Could you please introduce yourself and share the key milestones in your professional journey that led you to become a Partner at Agama Law Associates?

    Corporate law firms are a testament to the spirit of finding lateral solutions. Being one of the partners managing an established yet ever-expanding corporate law practice, I embrace business agility and dynamism. And I think, serendipitously, every milestone in my professional journey set me up for it. 

    Even before ALA, I have seen legal problems not just through the lens of arguing notable cases, but also through strategic contributions, ultimately culminating in my current role. I was fortunate to wear both hats. It helps to see legal issues from 360 degrees which my role in the house lent itself to Day-to-day contractual and compliance issues, transactions as well as disputes going hand-in-hand at all times leaves very little to be overwhelmed with. Corporate systems are the added icing on cake, demonstrating how everything can be tackled so long as there are systems. On the other hand, being a practitioner I had a front row view to the action in court, the understanding of procedures, the art of drafting was absorbed from the best – the solicitor chambers. Everything has been imperative to now being capacitated to work out client solutions that are not half-baked or with gaps on the practical perspectives.     

    Your professional journey includes senior management positions in various industries, blending in-house and external legal counsel roles. How has this diverse experience shaped your approach to handling commercial disputes, compliance, and regulatory matters at Agama Law Associates?

    A lot of business has to do with expectation management, and there’s nothing better than watching the interplay of multiple sectors as one from within them, to understand various concerns. My journey as In-house Counsel working with logistics, automobiles, chemicals and nutraceutical industries has provided me with a holistic understanding of varied business dynamics. This, coupled with my legal expertise, enables me to approach commercial disputes, compliance, and regulatory matters at Agama Law Associates with a strategic and business-oriented mindset. I strive to align legal strategies with overarching business goals, fostering effective resolution.

    What can readers learn from your extensive experience navigating the international arbitration domain?

    Certainly, one standout moment was successfully representing a client in a high-stakes international arbitration. Navigating intricate cross-border legal nuances and securing a favorable outcome not only showcased the depth of my expertise but underscored the importance of meticulous preparation and a strategic approach in the realm of international arbitration and specially when we have not only got a favourable result for our clients but made a win -win for both parties, which made a memorable moment.

    Beyond your legal prowess, you’ve been acknowledged as India’s Super 50 Lawyer by Asian Legal Business and listed in the 100 Top Lawyer A-List by India Business Law Journal. How do you stay grounded amidst such accolades, and what role do these recognitions play in your professional journey?

    I remain cognizant of the fact that accolades are a reflection of collective efforts of the entire team and not of an individual. These recognitions also serve as reminders to stay committed to excellence and continuous learning. They reinforce the responsibility to uphold high standards in the legal profession and inspire me to contribute to the legal community at large with fostering a positive impact on clients.

    In your role at Agama Law Associates, you focus on developing legal strategies for corporate clients’ new ventures and acquisitions. How do you strike a balance between legal diligence and fostering business growth, especially in the context of complex corporate disputes?

    With Agama’s varied sector experience and having seen challenges for mid-size legal entities to large corporate’s, have a repository of the issues faced by the clients and providing them timely legal strategy and solutions, by anticipating their challenges I actively collaborate with stakeholders, aligning legal strategies with business objectives. This synergy ensures that corporate disputes are addressed strategically, promoting not only legal resilience but also contributing to the overall success and sustainable growth of our clients’ businesses.

    Your involvement as a speaker and author reflects your commitment to thought leadership. What drives you to share your insights, and how do you think such knowledge-sharing events contribute to the legal community’s growth?

    I’m driven to share insights because knowledge-sharing is integral to professional growth. By participating in speaking engagements and authoring content, I contribute to the collective wisdom of the legal community. These exchanges foster a culture of continuous learning, enabling practitioners to stay abreast of industry trends, best practices, and innovative approaches. Ultimately, such knowledge-sharing events serve as catalysts for the legal community’s growth, nurturing a dynamic and informed professional landscape.

    You’ve successfully handled cross-border disputes, insolvency restructuring, and business regulatory advisory. Can you share a challenging situation you’ve encountered in your career and the key strategies you employed to navigate it successfully?

    Cross-border disputes are challenging because of the web of regulatory intricacies – regulation is a fluid beast to foresee and plan for and when it involves international angles, it also weaves in inconsistencies between the approaches of the regulators of all jurisdictions involved. The only strategy that stands a chance is one which considers as many variables as is possible to imagine.  The starting point is always  a comprehensive risk assessment. And the fulcrum that drives the process forward to fruition is to engage in, and maintain, proactive communication with all stakeholders. Collaborating with international legal experts, we crafted a tailored resolution approach that factored in both legal and business considerations. This integrated strategy proved effective, leading to a successful resolution while minimizing potential regulatory hurdles and preserving the client’s business interests.

    Away from the legal arena, what are some of your personal hobbies or interests that provide a break from the complexities of your professional life? How do you unwind and recharge outside of work?

    Outside of work, I find solace in reading, particularly exploring diverse genres to broaden my perspective. Recently finished reading Atomic Habits by James Clear and How to Win Friends and Influence People by Dale Carnegie. Engaging in outdoor activities, whether it’s hiking or simply spending time in nature, helps me unwind and recharge. 

    Considering your extensive experience, what advice would you give to young legal professionals entering the industry today, especially those aspiring to build expertise in commercial disputes resolution and international arbitration?

    For young legal professionals entering the industry, my advice would be to cultivate a robust foundation in legal fundamentals while actively seeking diverse experiences. Patience and perseverance should be their Mantra, since there is no shortcut to success. Embrace continuous learning, stay abreast of industry and legal developments. Building expertise in commercial disputes resolution and international arbitration requires a combination of legal acumen covering various laws and a deep understanding of business dynamics. Actively seek mentorship and be adaptable to change. Lastly, maintain integrity, as it is the bedrock of a successful and fulfilling legal career.

    Get in touch with Nitin Jain-

  • The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt- Malak Bhatt, Advocate-on-Record, Supreme Court of India

    The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt- Malak Bhatt, Advocate-on-Record, Supreme Court of India

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

    Can you share your journey of how you ended up pursuing a career in law, and what led you to specialize in commercial litigation and white-collar crime?

    Being a third generation lawyer, choosing a career in the field of law became a natural progression at the crossroads of life. While I was pursuing a science based professional during my high school, I always remained fascinated with my parents talking about cases at home, how things unfolded in court etc. and as it would turn out, my passion and aptitude for law took over.

    While working at Shardul Amarchand Mangaldas since 2012, my Partner Anuj Berry and I were representing certain clients in large scale litigation and anti-corruption compliances in India for foreign companies. Under his able guidance and together with him, we started working to build the white-collar crime practice as a niche area at SAM. As luck would have it, our in-depth work on the advisory side soon translated into many courts facing white-collar crime matters around 2017-18 when there was a surge of criminal investigations by specialized agencies like CBI, ED and SFIO. Once I branched out to pursue my independent practice, I developed this expertise further and continue to ride the learning curve in this field. What is the most interesting part of white collar crime practice is the inter-sectional dynamics it holds between criminal law on one hand and commercial laws, taxation laws on the other. 

    You completed your B.A., LLB (Hons.) from NALSAR University of Law and later pursued a Bachelor of Civil Laws from the University of Oxford. How did these academic experiences shape your perspective and approach to practicing law?

    I believe the holistic course structure at NALSAR and the increasing importance given to procedural laws really helped in shaping my understanding of the court processes. One always found these subjects boring in class – however, once I got into active practice, the realization dawned soon that the foundational stone for easing out court related process and practices was set through these subjects taught phenomenally well at NALSAR. As a word of advice, I always harp on the fact that one must always pay utmost attention to the finer details of our procedural laws – the CPC, CrPC, Evidence Act etc., which are the heart and mind for a career in litigation.

    Coupled with this, the Socratic method of teaching at Oxford really instilled the practice of self-reading, analysis of finer details and most importantly, joining the dots across subjects – a key aspect which one should practice when it comes to a court case.

    You’ve been recognized as a “Rising Star” by Legal 500 in the Asia Pacific Region for White Collar Crime Practice. Could you tell us about one of your most challenging or high-profile white-collar crime cases, and how you navigated the complexities of such cases?

    Undoubtedly, the most challenging case was the investigations being conducted by multiple agencies into the affairs of Frost International Limited and its group companies. What later turned out to be one of the biggest cases – started with 3 different agencies probing the companies on the same set of facts. We were faced with several complex legal issues – such as whether different agencies could look into the same transactions for alleging different offences under special statutes, what would be the evidentiary value of a one sided forensic audit, whether a counter audit would be a plausible defence at the investigation stage itself. Faced with these complex questions, our team was able to ably navigate through these issues with a 3 step simple approach – (i) break down the issue and assess the answer from a first principles perspective (ii) a textbook approach may not always work in niche situations which the law would otherwise not have contemplated – think out of the box when the situation requires (iii) always keep the fundamental rights of the persons facing investigation at the forefront. Since liberty remains at stake in such cases – prompt action and immediate responses are key.

    Your career includes a role as a Panel Counsel for the High Court of Gujarat to represent at the Supreme Court. How has this experience informed your understanding of the judicial process, and what unique challenges does representing a high court at the apex court pose?

    Representing a High Court is the most valuable and honourable experience one can get. Time and again the Supreme Court has reiterated that the High Courts are no subordinate courts – they are equal constitutional courts as the Supreme Court. To appear on behalf of the High Court requires a lot of preparation and is a position of very high responsibility. At times, the High Court is required to take an adversarial stand, in some cases it may not. It is my role and responsibility to assess the High Court’s position for an effective representation before the Supreme Court. 

    You’ve advised and represented multinational companies in litigation proceedings before the Supreme Court and High Courts. Could you share a memorable case where your legal expertise made a significant impact on the final outcome?

    One of the most significant and interesting cases I worked on was the case of Neeharika Infrastructure Pvt. Limited v. State of Maharashtra, which is now a landmark reported judgment. The Supreme Court was faced with a very interesting, yet peculiar question of law – can the High Court give protection to accused while hearing petitions under S. 482 CrPC and in what cases can the trials/investigations be stayed. Knowing that Mr. K.V. Vishwanathan (as he then was before Lordship’s elevation as a Judge of Supreme Court) will be arguing for the Petitioner, I knew my preparation had to be top notch and very detailed. Appearing for the private Respondent in the case, I presented a detailed comparative approach on how this issue had been addressed not only by High Courts, but also by other foreign jurisdictions having similar provisions. The bench was very accommodative and patient during arguments – which really helped me in arguing full length before the Supreme Court. Albeit having lost the matter, it was a great experience which really helped me at the preparation stage of the matter, a practice which I now adopt in all matters.

    Your involvement with organizations like the ICC Young Arbitrators’ Group and the Oxford Cambridge Society of India showcases your commitment to professional growth. How have these affiliations enriched your legal career and influenced your approach to the law?

    Man is a social animal. A lawyer is “social-er”. Our interactions with other members of the society, our intersections with people across other forums, professional and walks of life shapes our outlook and understanding of law. Being a member of these bodies and actively participating in the events has really developed my understanding of one very basic fact – there may be different approaches to the same set of facts and a lawyer’s appreciation of this helps immensely in setting out preparing for a court case.

    As someone who has successfully represented both companies and individuals, what advice do you have for aspiring lawyers seeking a balance between providing effective representation and upholding ethical standards?

    A career in litigation is a steep slope. Gestation periods are high, rewards are initially low and recognition is seldom easy at an early stage. However, my only advice to young lawyers on this difficult path would be not to lose hope or your passion for law. Easy money is easy for a reason – but reputation and recognition is for those who persevere. Never let down your guard when it comes to maintaining the ethics of this noble profession. I echo the words of the one I look upto, Mr. Mukul Rohatgi– don’t count the hours you put in as a young lawyer.

    Lastly, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially considering the evolving landscape of the legal industry?

    The field of law is ever expansive , inclusive and experimental. At the crossroads of choosing what to do, you will always get the conventional options and yet some new avenues which may not only interest you, but may be the path of your passion. Do not ever hesitate to try something new in the field of law. The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt.

  • No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

    No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

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

    Can you share with us your journey and what inspired you to pursue a career in law?

    I come from a family of lawyers, which cemented my interest in the legal profession. From a very young age I was sure that I wanted to pursue law as a career. The more I learned about the law, the more I realized its potential to bring about meaningful change.

    Right after law school I took the conscious decision of not joining my family’s corporate firm and ventured into litigation, which I have found to be my true calling and passion.

    I have been fortunate enough to have been mentored by the brightest legal minds in the fraternity who have shaped me into a confident young litigator. I look forward to reaching the pinnacle of success and mentoring the next generation of lawyers as I have been mentored by my seniors.

    With 15 years of extensive experience, you’ve established a stellar reputation in the legal field. Could you tell us about the most challenging case you’ve worked on and the outcome you achieved?

    I have been extremely fortunate to have worked on a wide range of matters in my career, and the experience I have gained while doing this is invaluable. While every case one argues is close to the heart, but one case that stands out is the Delhi University photocopy matter.

    I was representing the photocopier in the matter against the might of international publishers. It was truly a David and Goliath story. Justice Endlaw ruled in our favour holding that the right to photocopy was ‘fair use’ under the Copyright Act. The impact that the judgment had on the students throughout the country and the education system in India has been immeasurable.

    I vividly remember the day the judgment was pronounced. There were scenes of jubilation outside the court room. It was a very emotional and proud moment for me. The impact that the judgment had on the education system is immense.

    You have a comprehensive understanding of various areas of law, including civil, commercial, arbitration, and white-collar crimes. How do you manage to maintain such a diverse legal practice effectively?

    In today’s day and age, there is a huge focus on specialization. No doubt specialisation is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view. In my opinion, you cannot limit yourself to one area of law, in view of the complexity of disputes these days.

    As counsels were are exposed to a wide variety of matters, which hone your skills in different areas of law. One needs to constantly learn and adapt to different matters. This is very challenging, but is equally rewarding as well.  I personally feel that once your fundamentals are clear, combined with knowledge of procedural aspects, you can easily adapt to any area of law, be it civil or on the criminal side.

    You’ve been appointed as an arbitrator in numerous cases. What are the unique challenges and responsibilities that come with this role, and how do you ensure fair and efficient dispute resolution?

    Being appointed as an arbitrator carries distinct challenges and responsibilities. One key challenge is maintaining impartiality and neutrality throughout the arbitration process. This involves avoiding any conflicts of interest and ensuring that both parties have an equal opportunity to present their case.

    To ensure fair and efficient dispute resolution, I stay well-versed in the relevant laws and regulations, enabling me to interpret contracts, assess evidence, and make informed, legally sound decisions. Additionally, I actively encourage settlement discussions when appropriate.

    In addition to your legal practice, you’ve also written several articles and publications. How does your commitment to sharing legal knowledge benefit the legal community as a whole?

    I have a passion for writing, and I strongly feel that sharing knowledge and research through articles benefits the legal community greatly. In my view, it fosters a culture of continuous learning within the legal community. Sharing insights and expertise through articles and publications allows fellow legal professionals and clients to access valuable information, stay updated on legal developments, and explore innovative approaches to legal issues. This exchange of knowledge contributes to the growth and improvement of the legal profession as a whole.

    Furthermore, it helps build trust and credibility. Clients and peers often view lawyers who actively contribute to legal literature as authorities in their field. This trust enhances one’s professional reputation and encourages clients to seek my counsel and representation, knowing that I am committed to staying at the forefront of legal knowledge.

    Lastly, what advice would you like to give to fresh law graduates who are just starting their careers in the legal field?

    My advice to fresh law graduates can be summed up in two key points. Firstly, never stop learning. The legal field is dynamic, so continuously update your knowledge through courses, seminars, and reading. Secondly, seek mentorship from experienced lawyers, as their guidance can significantly accelerate your growth. These principles will help you build a successful and fulfilling legal career.

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