Super Lawyer

Tag: Jointventures

  • “Embrace challenges as opportunities for growth, fail fast, and learn from these failures, prioritize ethical practices, and strive for innovative problem-solving to thrive in the evolving legal landscape” – A Conversation with Harshit Ratan, Senior Corporate Counsel, Amazon.

    “Embrace challenges as opportunities for growth, fail fast, and learn from these failures, prioritize ethical practices, and strive for innovative problem-solving to thrive in the evolving legal landscape” – A Conversation with Harshit Ratan, Senior Corporate Counsel, Amazon.

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

    Your journey from Kingfisher Airlines to Amazon is quite diverse. How did your early experiences in aircraft leasing shape your legal career, and what motivated you to transition into the e-commerce landscape?    

    My tenure at Kingfisher Airlines provided a strong foundation in navigating complex contractual arrangements, particularly in the aircraft leasing domain. This experience honed my skills in negotiation, risk assessment, understanding compliance in multiple jurisdictions and introduced me to work in regulated space. The dynamic nature of aviation taught me to adapt swiftly to evolving regulations, contractual intricacies (an eye for detail- what we say crossing your t’s and dotting your I’s) and apply them when such contracts are disputed in litigations. In these formative years, I was blessed to be trained by Clyde & Co. one of the top law firms in aviation finance. Kingfisher, also helped me understand importance of contractual clauses and how different jurisdictions can interpret them differently.  Transitioning to e-commerce was driven by a desire to explore new challenges and contribute legal expertise to a rapidly growing sector, which operated more in the grey due to lack of specific regulations. The burgeoning potential of the digital marketplace, prospect to innovate and contribute to its legal landscape motivated my transition.

    Having worked across various industries, from aviation to FMCG and now e-commerce, how do you adapt your legal strategies to fit the unique challenges each industry presents?

    Working across diverse industries taught me the importance of adapting legal strategies to fit unique challenges. In aviation, process for contract execution and adherence to regulatory compliance were paramount. Moving to FMCG demanded a focus on consumer laws, manufacturing, labor laws and supply chain intricacies. Now, in e-commerce, the emphasis shifts to innovate business structures in absence of specific laws, having high judgement skills and ability to assess risks. Flexibility, understanding industry nuances, and aligning legal strategies with business objectives are crucial elements in navigating these distinct landscapes. Over and above, I believe working in any industry to be an able legal counsel, innate understanding of the business/industry is crucial, each industry is unique in its own way and to understand critical parts of business where we can partner as a counsel is the expectation.  

    You’ve been recognized with awards such as the “Cowboy Award” at Amazon and “Best Employee of the Year” at Kingfisher Airlines. Can you share a memorable moment or achievement that stands out in your career and made you particularly proud?

    Winning the “Cowboy Award” at Amazon was truly a standout moment. It recognized my collaborative effort in successfully restructuring the business within challenging timelines. Working cross-functionally and limiting the impact on an ongoing business was complex.  Similarly, being awarded “Best Employee of the Year” at Kingfisher Airlines for spearheading a debt restructuring initiative was a proud moment. While we do so many important issues in our day to day engagements, but some standout given there shear impact on business continuity. These accolades reinforce the value of teamwork, resilience, and innovative problem-solving.

    From your early years negotiating complex agreements in aviation to your current role at Amazon, what have been the most significant lessons you’ve learned, and how have these lessons shaped your approach to legal counsel?

    The journey from being an aviation finance lawyer to my current role taught me the significance of meticulousness, adaptability, and foresight. Understanding the bigger picture while focusing on intricate details, anticipating regulatory changes, and fostering proactive legal strategies have become key elements in my approach as a legal counsel. I am a great believer in hard work and learning from mistakes – in my view to innovate it’s essential for you to fail fast and move quickly. Especially at Amazon, I have an equal seat at the table, the culture fosters independent thinking, and the ability to go beyond legal realms and be able to drive decisions and execute these in real world. Factors that help me shape myself are understanding the business and its needs, having a pragmatic approach and solution orientation.

    Given your experience in international negotiations and dealings with companies like Honeywell, how do you approach building and maintaining effective relationships with stakeholders, both within and outside the organization?

    Building effective relationships in international dealings involves understanding diverse cultural nuances and aligning legal strategies with mutual interests. Communication, transparency, and a collaborative approach are vital. Being proactive in addressing concerns and maintaining open channels of communication has been instrumental in fostering lasting relationships. Additionally, what I have realized is that you keep meeting folks you would have dealt in the past, so keep your relationships flourishing and even in most difficult situations treat people respectfully.

    As a Senior Corporate Counsel, you’ve been instrumental in setting up legal, secretarial, and product compliance teams. What challenges did you face in building these teams, and how did you foster a culture of innovation and efficiency within them?

    Each function requires a unique skill set, it is critical to understand the deliverables for each role and look for subject matter (SME) experts. Once you have the SME, it’s essential to help them scale up, making them aware of organizational nuances and let them flourish, help them build their respective teams and reducing your oversight to ensure their independence. Establishing legal, secretarial, and compliance teams presented challenges in resource allocation, skill development, and instilling a culture of innovation. Encouraging open communication, investing in professional growth, and fostering a culture of collaboration and creativity were vital in building efficient and innovative teams.

    Your success story highlights your ability to provide pragmatic legal advice for scaling up businesses. Can you share a specific instance where your legal insights played a crucial role in a significant business decision or strategy?

    Given we are bound by confidentiality; it may not be possible to provide a specific example. However, I can talk about implementing a business structure that operates pursuant to a regulatory approval and in this case a plain reading of the approval may have not have permitted us to even have a sustainable business model, I had the opportunity to interpret it ensure compliance and find the right balance for the business to operate. The one practice I find helpful in providing pragmatic advise is risk assessment frameworks – One way Door Vs Two Way Door i.e. reversible vs Irreversible decision making, risk heat matrix – judgment calls with an understanding what was legislative intent to have law/ regulation in place. On multiple occasions, my legal insights identified potential risks in a proposed partnership. Addressing these concerns strategically enabled us to reframe the deal terms, mitigating risks, and ensuring a mutually beneficial collaboration. This underscored the critical role of legal counsel in shaping pivotal business decisions.

    Apart from your legal expertise, how do you find a balance between the demanding legal world and personal life, and do you have any hobbies or activities that help you unwind?

    Achieving a balance between the demanding legal sphere and personal life involves prioritization & time management. I love to Ride and Drive, have driven cross country, I also enjoy going for long walks and playing table tennis occasionally, every year I make a list of books to read (albeit haven’t been able to accomplish this feat for the last two years), and spend quality time with family. These rejuvenate me and help maintain a healthy work-life balance.

    As a seasoned legal professional, what advice would you give to the upcoming generation of legal minds entering the workforce, particularly in navigating the complexities of the legal and business landscape? 

    To the upcoming generation of legal professionals, I emphasize the importance of continuous learning, adaptability, and developing a holistic understanding of the interplay between law and business. Embrace challenges as opportunities for growth, fail fast and learn from these failures, prioritize ethical practices, and strive for innovative problem-solving to thrive in the evolving legal landscape.

    Get in touch with Harshit Ratan-

  • The best way to approach a tricky case is to fully understand the client’s case and the context of the disputes- Vyom Shah,Counsel, Bombay High Court

    The best way to approach a tricky case is to fully understand the client’s case and the context of the disputes- Vyom Shah,Counsel, Bombay High Court

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

    Sir, please tell us about your educational background and how you got started in the legal profession?

    Soon after tenth grade, I decided to become a lawyer. With this idea in mind, I finished my Junior College and started the five year law course in Government Law College, Mumbai. While studying, I joined the law firm Desai & Diwanji and I signed my Articles with them. This was my first experience of the legal profession and it was mostly corporate transactional work. I cleared my Solicitors exam in Mumbai and then decided to experience litigation in the Supreme Court, for which I moved to Delhi to work with Mr. Gourab Banerji, Senior Advocate. I enjoyed litigation and realized I wanted to practice as a Counsel. I moved back to Mumbai in June 2017 and since then have been in the Chambers of Mr. Zubin Behramkamdin, Senior Advocate and am practicing in Mumbai.

    How did you decide to specialize in arbitration, civil and commercial litigation, securities, and real estate litigation?

    My specialisations are a result of my interests. I was fortunate to do a fair amount of arbitration and commercial litigation while in Delhi and I found it very interesting. I have continued doing such work since. When I moved back to Mumbai, I also ended up doing a lot of civil and real estate litigation in Bombay High Court and Tribunals. My practice in securities litigation has been more recent but it has always been of interest to me since my time pursuing a corporate practice with Desai & Diwanji.

    Can you describe a particularly challenging case you worked on and how you approached it?

    I think all cases have their own challenges. According to me, the best way to approach a tricky case is to fully understand the client’s case and the context of the disputes. The client’s case is almost always based on their honest assessment of the facts and context and this understanding makes the cases much more manageable. I have also observed that sometimes, very difficult cases acquire their own dimensions as the trial progresses and they become much easier, if handled correctly from the beginning.

    You have worked in both Bombay High Court and Supreme Court. What differences have you noticed between the two courts?

    The differences are many. A major difference is that the Supreme Court essentially looks at matters that involve substantial questions of law and this warrants a lot more focus on the relevant laws and judgments. The facts have already been decided by the Courts below. On the other hand, the legal proceedings such as suits and arbitration petitions filed in the Bombay High Court generally involve disputed questions of facts, which are being agitated in the first forum. The facts are still not decided and therefore, the arguments tend to be more factual. Appeals in the High Court definitely involve more law but also often relate to disputed questions of fact.

    You have also worked in the United States as a visiting attorney. Can you share some of the differences you noticed between the legal systems in India and the US?

    I have pursued my LLM in the University of Chicago Law School, US and practiced as a visiting attorney with a law firm in New York for a short while after that. There are many differences but one that really stood out to me was the difference in the manner of drafting pleadings, pleadings are a lot shorter in the US. There is also a lot more focus on the discovery process of documents in litigation there and of course, one of the most interesting differences is the significant difference in the law of evidence that is applicable to trials with juries in the US.

    You have worked on drafting reports and recommendations for various government bodies. How did you get involved in these appointments, and what was that experience like?

    I was interested in the topics and I was lucky to be in the right place at the right time, I think. The experiences were incredible and I cannot be grateful enough to the distinguished members of the various committees for it. I learned so much from their discussions and deliberations. I started looking at the law from a different perspective because while suggesting amendments, the Committees were also considering the practical difficulties of the relevant laws.

    You have published several papers on legal issues. Can you tell us about one of your favorite papers and why it was meaningful to you?

    I think one of my favourite papers was the paper on carrying on microfinance in India. The concept is fantastic and I only fully understood and appreciated it after commencing the research for the paper. The idea itself is very noble because it provides cheaper loans to the people who need them the most. While there may be some disadvantages, I think those disadvantages are a result of the faulty application of the concept and hopefully, they are resolved sooner than later.

    Looking back on your career, is there anything you would have done differently?

    Honestly, I don’t think so. I did spend a lot of time in various different cities and countries pursuing different types of legal practice at the beginning of my career. Some may recommend starting and continuing one kind of practice from day one. However, the experience I got from each of those practices has been rewarding and I believe, has enriched my thought process. I am a product of all of those experiences and after trying various things, I am also quite sure that the legal practice I am now pursuing is the kind that I enjoy the most.

    Coming to the last question, can you offer any advice for aspiring lawyers who are just starting their careers?

    I think it is most important that you enjoy the practice because it is a demanding profession, which takes a lot of time and effort. I also find that it helps to not make the profession all about the ultimate goals but to take your practice one day at a time, that makes things less stressful and more fun. I also think striking a good work – life balance is essential for lawyers but also very difficult. I am still trying.

    Get in touch Vyom Shah-