Super Lawyer

Tag: Law Firm

  • “There is a growing trend for companies to establish in-house legal teams to manage their legal compliance and requirements internally, rather than outsourcing every task. This shift has created numerous opportunities at every career level”- Prathamesh Sawant, Deputy General Manager – Legal at Sula Vineyards

    “There is a growing trend for companies to establish in-house legal teams to manage their legal compliance and requirements internally, rather than outsourcing every task. This shift has created numerous opportunities at every career level”- Prathamesh Sawant, Deputy General Manager – Legal at Sula Vineyards

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

    Can you tell us what inspired you to pursue a career in law and how your educational background in commerce influenced your legal career?

    My inspiration and interest in pursuing a career in law came from my elder sister, who is also a lawyer and works with a reputed MNC as Head of Legal. During my SY B.COM summer holidays, I had the opportunity to read a few of her books, and I found them incredibly interesting. The subjects were practical in nature, and the knowledge could be implemented in day-to-day life.

    Having a commerce background gives an edge in understanding the commercial transactions of the company and to dissect financial statements which has proved to be beneficial in cases involving corporate litigations, mergers and acquisitions, etc.   

    How did your initial experiences as an intern at Idnani & Idnani Advocates shape your understanding of the legal field?

    My initial experiences as an intern at Idnani & Idnani Advocates played a crucial role in shaping my understanding of the legal field. I started my internship at this esteemed law firm right from the day I enrolled for my LL.B. program and worked there for 18 months. This early exposure was invaluable, as it allowed me to witness firsthand how the theoretical provisions we study in books are implemented in the real world.

    Working at Idnani & Idnani Advocates provided me with hands-on experience in various legal tasks, such as drafting documents, conducting research, and observing court proceedings. This practical experience was invaluable in bridging the gap between academic studies and real-world application.

    Overall, my internship helped me understand the practical aspects of law, enhanced my legal knowledge, and confirmed my passion for pursuing a career in this field.

    You have worked extensively in both litigation and non-litigation areas. How did your role at Auroma Law help you develop a diverse skill set?

    A major part of my litigation experience is derived from my tenure at Auroma Law. As an intern, I was initially responsible for filing matters, issuing summons and warrants from the department, appearing before the Prothonotary and Associates of the High Court, and preparing the first drafts of complaints, petitions, notices, and replies.

    I completed my law graduation while working at Auroma Law and was then absorbed into the firm as an Associate. They handled a large volume of criminal cases, and during my tenure, I independently appeared before all the magistrate courts within the Mumbai District. This provided me with quality exposure to criminal matters and helped me immensely to understand the entire procedure of criminal trials, from filing to final order.

    The experience at Auroma Law helped me develop into an in-house counsel who can manage and mitigate legal risks, strategize litigations and disputes, and protect the interests of the companies I work for.

    At Sharekhan Ltd, you handled a variety of legal matters. Can you share a significant case or project from this time and its impact on your career?

    During my tenure at Sharekhan Ltd, I transitioned my law career from practice to in-house corporate counsel in 2014.

    I vividly recall a high-stakes matter where a customer obtained a favorable order against the company in arbitration, directing us to make a substantial payment. The management urgently instructed us to obtain a stay order on the arbitrator’s decision due to its potential significant impact on the company’s balance sheet. We quickly briefed our counsel, prepared the challenge, filed it, and successfully secured interim relief within just three days of the impugned order.

    Navigating the complexities of share transactions and explaining them to our counsel, resulting in obtaining a stay order in such a short timeframe, was a notable achievement. This action effectively safeguarded the company from a substantial financial impact.

    Working at Mahindra & Mahindra Financial Services Ltd, you dealt with high-stakes litigation and non-litigation matters. What were some of the key challenges and achievements during your tenure there?

    At Mahindra & Mahindra Financial Services Ltd, the substantial volume of cases posed significant challenges in overseeing filings, ensuring order compliance, and timely submissions such as replies and rejoinders.

    One of the key challenges was to establish a streamlined process to manage the entire lifecycle of legal matters. Recognizing the need for efficiency and accountability, I developed and implemented a robust process that facilitated the management of cases from initiation through to conclusion. This involved creating frameworks for tracking deadlines, coordinating with internal teams and external counsel, and ensuring adherence to legal and regulatory requirements.

    At Thomas Cook (India) Ltd, you played a crucial role in the acquisition of trademarks and IP domains. Can you elaborate on this experience and what it entailed?

    At Thomas Cook (India) Ltd, I played a pivotal role in managing high-stakes non-litigation matters, particularly in handling intellectual property rights (IPR) portfolios, mergers and acquisitions (M&A), foreign collaborations, and multi-jurisdictional contracts.

    One of the significant aspects of my role involved overseeing the acquisition of trademarks and IP domains. This included conducting thorough due diligence to assess the value and risks associated with potential acquisitions. I collaborated closely with internal stakeholders and external advisors to negotiate and finalize agreements that safeguarded the company’s intellectual assets across various jurisdictions.

    Navigating the complexities of IP law and international business transactions required meticulous attention to detail and a strategic approach to protect Company’s interests. This experience not only deepened my understanding of intellectual property management but also enhanced my skills in negotiating and executing complex contractual agreements on a global scale.

    Your current role at Sula Vineyards involves leading M&A and IPO projects. What are some critical aspects of managing such high-profile legal initiatives?

    My current role in Sula is a combination of various portfolios I have managed till date in different companies.

    Handling multiple acquisition projects at Sula has provided me with invaluable experience, but it’s the involvement in the IPO process as part of the legal team that has been particularly exciting and promising.

    In such projects, multiple activities happen simultaneously at the same time and tracking your tasks and delivering correctly within the timelines becomes extremely important. There is no room for delay or error. Your strategy has to be full proof as there are multiple stakeholders involved.

    As someone with extensive experience and numerous accolades, what advice would you give to fresh law graduates entering the legal profession today?

    The legal sector has evolved significantly since the beginning of my career to the present day. There is a growing trend for companies to establish in-house legal teams to manage their legal compliance and requirements internally, rather than outsourcing every task. This shift has created numerous opportunities at every career level.

    For fresh law graduates aspiring to build a career in corporate law, I recommend gaining practical experience in a law firm or under a practicing advocate for at least a year or two. This experience helps build a strong foundational understanding of the law and provides invaluable confidence and skills necessary for success in corporate settings, whether in litigation or non-litigation roles.

    Get in touch with Prathamesh Sawant-

  • “You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client”- Sourav Bhagat, Partner at Fox & Mandal

    “You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client”- Sourav Bhagat, Partner at Fox & Mandal

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

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

    Can you tell us what initially sparked your interest in pursuing a career in law, and how that interest developed during your time at The West Bengal National University of Juridical Sciences?

    I belong to a family of lawyers. I was fascinated by this profession from childhood. I was hugely inspired by watching my father practice as a lawyer. He is still a huge inspiration for me. So, from my very childhood, the legal profession was the only thing in my mind as a profession. When I was in class 12, I saw in the newspaper that Professor Menon would set up WBNUJS at Kolkata. I was fortunate enough to sit for the entrance examination and got through. Five years at WBNUJS were the best five years of my life. These are the formative years for any individual. WBNUJS has given me exposure to diverse fields of law and much beyond. My love for law in general grew further in WBNUJS. I got to interact with professors and other students, who played a huge role in my growth and development as a lawyer. WBNUJS taught us the importance of learning basic skills not only in law but also in life.  

    With 19 years of experience in the legal field, you’ve specialized in areas such as dispute resolution, real estate, and corporate advisory. What aspects of these practice areas do you find most fulfilling, and why?

    Each practice area has its own charm. Since litigation was always my first choice, I am a  little bit biased towards dispute resolution. I have gained experience in diverse areas of law due to my interest in studying different laws and use them to solve problems faced by the client. While in real estate and corporate advisory, you are generally restricted to certain aspects / branches of law, in case of dispute resolution, depending on the nature of disputes, one has to deal with diverse laws. Sometimes, we have to study legal provisions which were unknown to us and do research on such laws to prepare an argument for the client. I think the opportunity to learn laws, interpret them and use them to give relief to the client makes dispute resolution the most fulfilling for me. When our hard work in dispute resolution helps our client get the desired relief from the Court, it gives you a sense of satisfaction.      

    Your practice spans multiple industry sectors, including FMCG, construction, healthcare, and education. How has working across these diverse sectors shaped your approach to legal challenges?

    I love and enjoy learning diverse laws. While dealing with these sectors, I not only learn the laws applicable to these industry sectors but also I have to understand their businesses. Diverse experience in multiple industries and multiple practice areas have helped me acquire diverse skills which, in the era of specialization, give me an advantage in dealing with a client, who may face different legal issues.  Working across these diverse sectors have brought me a wider range of perspectives and approaches to problem-solving, which have enabled me to advise my client on diverse issues in a holistic manner. 

    One of your key strengths is effective knowledge management within your team. Can you elaborate on the strategies you use to keep your team updated with changing legal frameworks and ensure they are well-prepared for complex cases?

    I believe that we lawyers remain students of law throughout our life. We keep on learning. We learn from seniors, colleagues, juniors and clients. Once we stop learning, that will be the end of our profession. Thus, constant learning and sharing of knowledge within the team are very important aspects. We, as a law firm, encourage everyone to be updated with changing legal frameworks and share such updates within the team. In addition to usage of e-mails or WhatsApp, we encourage everyone to discuss with each other new updates – new laws, rules, notifications, judgments, amendments etc. during office hours. Such discussions help everyone gain diverse perspectives of law rather than having his own interpretation only. This helps them to apply the law in diverse cases they handle. 

    You have represented schools in West Bengal in matters related to fees charged during COVID-19 and appeared before both the High Court at Calcutta and the Supreme Court of India. How do you approach such sensitive and high-profile cases to ensure the best outcomes for your clients?

    The education sector is very important in nation building, and was severely impacted by Covid. Physical classes had to be stopped and some of the parents suffered financially. On one hand, the schools have a right to carry out their activities – which are dependent on the fees to be collected from the parents and utilizing the same for educating the students and taking care of its teachers, officers, non-teaching staff and other stakeholders. On the other hand, we have to exercise the rights of the student to get an education. There has to be balance between these two interests, which in fact are not conflicting. The schools we represented adapted very quickly and shifted to online classes for the benefit of the students. Considering the hardships faced by some of the parents, the schools had taken the decision to provide various concessions to the students who needed such concessions. We did not approach the litigation in a generic adversarial mode. We understood that given the situation, the judges would have been sympathetic to the interest of the students, because the future of the students was to be considered. Thus, our approach was to ensure that the Courts also understood the rights of the school authorities – the importance of continuation of fees so that interest of teachers, administrative staff, other staff, contractors and all other stakeholders were also protected and it was important for the students themselves that the schools should survive and be able to continue to provide education to its students. Of course, there was some financial losses to the schools initially, but the schools survived Covid and continue to provide education to its students while protecting the interest of the students, teachers and all other stakeholders.  

    You have also been involved in significant corporate transactions, such as private equity investments and business transfers. What are the most critical factors to consider during such transactions to safeguard your clients’ interests?

    Each private equity investment and business transfer is unique in its character. It is very important to understand the business part of the transaction, you can only use your legal expertise in a particular transaction if you understand the business part of it. Due diligence plays an important role in private equity investment and business transfer. If you are on a buyer side / investor side, then identifying the legal risk in the proposed transaction is very critical to safeguard your clients’ interest. You need to explain the risk to your client and advise your client regarding various ways to mitigate the risk – through changing the structure of the deal, through execution of additional documents or through incorporating appropriate clauses in the documents. It is important for the client to make an informed decision. Our job is to identify the risk and advise the client on mitigating the risk; However, sometimes, the client has to take a business call. Legal expertise should be used as a business enabler and not as a deal breaker.  

    Lastly, what advice would you give to fresh law graduates who are just starting their careers and hoping to make a significant impact in the legal profession?

    Every individual is different and each of them must find their own way to make a significant impact in the legal profession. What may have worked for somebody need not work for all. A fresher must find a right path himself which suits him. Of course he may learn from other professionals / seniors, but such learning has to be suitable for him. However, the basic template to have reasonable success in the legal profession is the same as in any other profession. It is hard work, discipline, dedication and finding the right balance. You should keep on learning and have faith in your ability. You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client. You will definitely get an opportunity in this profession, you have to be ready for such opportunity and if you are prepared to take advantage of such opportunity with your hard work, you will be able to make an impact in the profession. 

    Get in touch with Sourav Bhagat-

  • “There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals”- Bharadwaj Jaishankar, Partner, at IndusLaw

    “There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals”- Bharadwaj Jaishankar, Partner, at IndusLaw

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

    Could you share with us what initially sparked your interest in intellectual property law, and how did you decide to pursue it as a career?

    I was lucky enough to get an internship, in my 4th year of law school, with K&S Partners (a leading IP firm in India). I had dabbled in some IP work in my previous internships, and my interest around brands and how they are protected and commercialized was piqued. However, it was at K&S Partners where this interest really became a passion. Based on my internships at K&S Partners, and the type of IP matters and issues I was exposed to, I was clear that I wanted to build my career within IP. I was fortunate enough to get an opportunity to join K&S Partners upon graduation. In my career so far, I have made it a point to get different perspectives on IP, right from working with boutique IP works to working in house, in an IP role, to now working with a full service firm. This all-round approach and experience, particularly working as an in-house counsel, helps me tremendously in my role at IndusLaw. 

    With your extensive experience across various law firms and organizations, could you highlight a particularly memorable case or project that significantly shaped your understanding of intellectual property law?

    There have been several memorable matters I was lucky enough to be a part of and it will be difficult to pinpoint one specific project. That said, working on geographical indication (GI) matters, for the Government of India and for foreign GI owners, was incredibly important and special. GIs, unlike other IPs, are collective communal rights and require a slightly different mindset. I would also say that my stint as an in-house counsel afforded me some incredible opportunities and moments to learn different facets of IP law, including from a commercial lens. The learnings, as an in-house counsel, and seeing IP from the other side of the fence, was an immense learning experience; something which I cherish a lot. I would also say that working, in the past, and, even now, on matters that intersect with technology and IP has been extremely rewarding with a lot of learning opportunities. 

    Given your role as a visiting faculty at a leading law university and your participation in national and international conferences, how do you approach staying updated with the latest developments and trends in intellectual property?

    The simple answer is that time must be made to read and be in touch with new developments and precedents. It is easy to say that calendars are full and there is no time to read. However, if one really wants to keep up-to-date on new case laws and developments, time needs to be carved out. Especially in IP, where issues can be grey, and oftentimes  case laws can be seemingly conflicting with each other; that effort to read and stay updated is a must. I do ensure that, at least during work days, I try and get about 45 mins to read news and key case law updates. On weekends and holidays, I do take out more time. Additionally, within our team, we have a system of daily news updates, that are relevant to our practice, which are shared every evening, which I ensure I read before logging for the day. Another important aspect is also to speak regularly with your peers, clients and, even foreign counsels, to understand trends and developments. It, therefore, does take a combination of sources, coupled with a dedication and discipline to keep learning and staying updated. I also find that, in interacting with universities and students, one can also learn and stay updated as students are also equally updated with new trends and cases and it, therefore, does become a fantastic two way street.     

    Transitioning from working with leading law firms to being the IP and Innovation Counsel for a global FMCG organization must have been quite a shift. What insights did you gain during this transition, and how did it influence your perspective on intellectual property issues?

    The shift from private practice to an in house counsel was certainly very interesting with a lot of learnings and mindset shifts. A couple of the biggest shifts included learning how to become a commercial enabler and adjusting risk profiles. Being an in-house counsel required me to be a business partner, who was incidentally a lawyer. You get into a position where you can’t present options to other teams and say “choose which works for you”. You have to take a call, and that means collaborating and understanding commercial needs. This stint as an in-house counsel is immensely helpful to me now when I work with clients- the idea being an extended arm of their team or an extended arm to their in-house legal team. More and more, especially in IP, clients require external counsels to help them make a decision, rather than just presenting options. This has been one of the biggest shifts in approach for me- how can I, as an external counsel, help my clients meet their business goals.

    As someone deeply involved in protecting and enforcing IP assets, what are some common challenges you encounter in this field, and how do you typically address them?

    There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals. We also see clients viewing IP as an expense, rather than as an asset which will mature over time. It isn’t uncommon to see IP being compromised or undervalued at the altar of costs. If India really wants to take advantage of the tremendous innovation and talent currently being seen, IP needs to be viewed maturely and beyond just as an expense outlay. This also calls for clients to be smart about who they engage with for their IP advice and strategy. IP forms the backbone of almost all businesses and it isn’t just about filing an application. A strategic mature approach needs to be brought by external counsels when counselling clients on their IP strategies.    

    With your passion for brand building and extensive experience in advising on brand-related matters, could you share some strategies you find particularly effective in nurturing and safeguarding brands in today’s competitive landscape?

    As mentioned before, taking the time to understand clients, their business and their objectives should form the basis of any IP strategy. There are so many intricacies and nuances, even to something as simple as filing a trade mark application. Fitting the legal strategy into the four walls of business objectives is really important. Another bit is not assuming that external counsels know more than clients or in-house legal teams. It pays to listen more. Part of our job is also to get clients to do some homework as well and get them to look at IP as an asset. For me personally, the focus is on building trust and reliance with the client and getting clients comfortable in our interactions and dealings. Today’s landscape does require a great amount of flexibility and transparency in our approaches. 

    Lastly, drawing from your wealth of experience, what advice would you offer to fresh graduates aspiring to build a career in intellectual property law and commercial law?

    I have a few pieces of advice: 

    1. Be ready to put in the graft in the first few years and avoid having an entitlement approach. The first few years in the profession are particularly taxing and there is no substitute other than hard work and graft. 
    1. Invest time in an organisation and avoid making quick shifts from workplace to workplace. The longer one stays at an organisation, especially the right place and with the right approach and attitude, can offer tremendous growth opportunities down the line. 
    1. Take the time to learn about the practice, the landscape of firms and how IP is viewed by law firms and in-house counsels, and then make an informed choice on how to build a career in IP law. In today’s world, the more you are informed (and the more the prep work), the easier it is to figure out the best path to take. 

    Get in touch with Bharadwaj Jaishankar-

  • “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

    “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

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

    Can you share a bit about your journey into the field of law? What inspired you to pursue this career path?

    When I was in school, I was rather drawn to the criminal justice system, whether it was from what was covered in the news in then ongoing cases, criminal novels and shows which piqued my interest. Thereafter, I did my graduation in Psychology Honors from LSR, where my primary field of study was abnormal psychology, being intertwined with criminal laws. Even though during the first year of LL.B, like most of us, I was also equally attracted to the Corporate side and ended up interning for 6 months at Trilegal, the first day I set foot inside the Apex Court while interning with Mr. K.T.S. Tulsi sir, all my aspirations in this field shifted and I knew I wanted to practice criminal laws. 

    As a Partner at Mandla & Singh Law Chambers, what are some of the most rewarding aspects of your work?

    In litigation, mostly everyone aspires to go independent someday and establish their own practice. For me, that juncture came a little earlier than expected and Mandakini Singh, (my senior associate from the Chambers of Tulsi sir) and I started this litigation chamber in 2018. Undoubtedly, it takes significant time and effort to get your independent practice off the ground, especially being first-generation lawyers, but then there were many seniors who were exceptionally kind to us to offer support and even refer work. The most rewarding aspect in running your own practice is the opportunity to not only build cases by formation of a narrative but also to oversee the outcome. It gives you a platform and opportunity to understand your shortcomings and actively work towards growth. 

    Your involvement in drafting legislation such as the Criminal Law Amendment Bill, 2019, reflects a deep commitment to legal reform. What drives your passion for advocating for change within the legal system?

    The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values. As our worldview and perceptions shift, so do the nuances of the legal system. Every judgment that explains or expands the scope of any section or act is an active step toward changing the limits and understanding of the legal system. Law and society are intertwined, each contributing to shifting the perspective of the other.

    Could you tell us about a particularly challenging case you’ve worked on and how you navigated through it?

    The most challenging case has been the Tablighi Jamaat case. There were 955 foreigner nationals from 48 countries which were detained for 2 months and when the Habaes Corpus case was preferred before the High Court of Delhi for their release, overnight chargesheets were filed against the foreigners. Even though there was not a single medical report which was placed on record in the chargesheet showing anyone as Covid-19 positive, yet the narrative in the media was running contrary to the evidence on record, which also colored the public perception. The impact and perception of media trials, particularly in sensitive and high-profile cases was highlighted. Media trials can lead to premature judgments and public opinion that may not align with the legal proceedings and the principle of “innocent until proven guilty.”  Furthermore, 2 months into the litigation, it surfaced that there were second FIRs against the foreign nationals and those who were repatriated on humanitarian grounds of plea bargaining after depositing costs to an extent of Rs. 52L to the Government, they were once again estopped from returning to their homes. It led to an arduous and protracted litigation” of 150 hearings, 955 bail applications, 5 writs, 44 discharge applications, 26 quashing petitions, 80 revision petitions, 15 hearings before the Supreme Court and then a trial in a Delhi court over 9 months. Even though there was not a single conviction in Delhi as even all the foreigners who chose to contest the charges in the trial were acquitted, this case was unprecedented under the unforeseen circumstances across the globe.

    The other case, which was recently viewed as a landmark judgment in Pavana Dibbur v. Directorate of Enforcement.,2023 SCC OnLine SC 1586 wherein the Hon’ble Apex Court was pleased to quash the complaint u/s 44/45 of the PML Act, 2002 (akin to chargesheet) on the ground that s. 120-B IPC can be invoked only in reference to a predicate scheduled offence, was rather challenging as a case, as there were no authorities on this issue and all judgments of the Apex Court as well as various High Courts were ambiguous. The coming of this judgment reinforced the confidence that one can build arguments from bare reading of provisions and interpretation of statutes even if there are no judicial precedents precisely on the issue. Needless to say, it would not have been possible without the fierce and structured arguments led by Senior Advocate Meenakshi Arora ma’am.

    Your achievements in both academia and extracurricular activities are impressive. How do you balance your professional responsibilities with your personal interests and commitments?

    I believe that lawyers led stressful lives as is, which makes it imperative to have interests outside of work, to balance out. More often than not, the demands of every day work and deadlines puts personal lives at the backseat. I personally make it a point to travel, even if it is a short trip, whenever the opportunity presents itself. It gives you something to look forward to as well. Apart from that, there are many tournaments organized by various Bar Associations, which are an amazing way to break the ice, forge better bonds with your peers and seniors. 

    Being an Advocate-on-Record before the Supreme Court is a significant achievement. How did you prepare for and approach the examination, especially achieving such a high rank on your first attempt?

    I had started my career at the Apex Court as a junior, so I was always enchanted and inspired to become an Advocate-on-Record before the Apex Court. Truly, with running my own practice, I was able to only devote 20-25 days of study towards the examination and managed to secure a Rank #4. However, the fact that a lot of the concepts tested in this examination especially in the papers of Practice and Procedure as well as Drafting have nexus with everyday practice before the Apex Court, having practiced for 5 years, in terms of drafting, filing and arguments, before appearing in this examination made those papers fairly easy to prepare for. 

    As for the other two papers namely Leading Case and Advocacy and Professional Ethics, most of those cases were a part of the curriculum in college and hence were formative concepts which are widely referred to and relied upon across a spate of judgments and thus, if the basic concepts in law are clear, the examination is not all that tough. Therefore, the syllabus ought to not be viewed as something one can mug up for the examination, but if you truly read the judgments in its entirety, you will benefit in your practice as it will enhance your concepts and knowledge base, with concepts or sub-concepts which were perhaps not completely understood during college.

    With your experience in criminal defense litigation, what do you find to be the most common misconceptions people have about this area of law?

    It is no surprise that the salary for freshers in litigation is not comparable to the corporate sector, which has been a driving factor for an increased number of graduates preferring the latter. However, criminal defence litigation is far more rewarding in all aspects as compared to the corporate sector. Furthermore, another misconception is that criminal defence litigation is not for women, and for most of us, even our families are not comfortable with the thought of women visiting jails, police stations and lower courts. We have legal stalwarts such as Senior Advocates Ms. Meenakshi Arora ma’am, Ms. Indira Jaisingh ma’am, Ms. Rebecca John ma’am, Ms. Shobha Gupta ma’am, who are not just counted as the best female advocates, but in the list of the best advocates.  Therefore, the field is not an old boys club. 

    As someone who has accomplished a lot in their legal career, what advice would you give to recent law graduates who are just starting out in the field?

    Be patient, zealous and persevere. Law demands layers of intricate knowledge which is gathered across a spectrum of fields over a period of time. There are essentially no shortcuts to success and the only way to conjointly sustain and grow is through day-to-day perseverance. The skill-set which needs to be developed in this profession to stand out, are built over years of backbreaking work. Join offices which teach you work, develop your skills and offer you opportunity to grow. 

    Get in touch with Ashima Mandla-

  • The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

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

    Can you share with us how and why you decided to pursue a career in law? Was there a specific moment or influence that guided your decision?

    My pursuit of a career in law was more accidental than pre-meditated. I am the first lawyer in my family and did not have any idea about the legal profession before I decided to study law. 

    Even my study of the law was more out of curiosity about the subject than out of any career aspirations. By the time I was applying to go to university, I had studied science subjects like Physics, Chemistry, Biology, Mathematics, and Pure Mathematics in addition to the social sciences and humanities like Economics, Commerce, Language, Literature, and Art. I did quite well in all the subjects but did not feel I wanted to pursue higher studies in any of those subjects. Thus, I decided to study law. 

    I eventually fell in love with international law and decided to pursue a career in that arena even though it was not something most graduates pursued at that time. International law was definitely the path less taken.  

    What was your experience like studying law at the London School of Economics and Political Science (LSE), and how did it shape your career trajectory?

    Studying law at the LSE was truly a transformative experience for me. It was indeed a privilege to be taught law by the best experts. For instance, I studied Public International Law and was supervised by Sir Christopher Greenwood, who later went on to become a Judge at the International Court of Justice in the Hague. It was also an invaluable experience to be able to attend classes with a diverse group of international students while living in one of the most cosmopolitan cities in the world, London. The years at LSE clearly helped to broaden my horizon and exposed me to the career opportunities in the field of international law.     

    You’ve worked with top international law firms in the US and the UK. How did these experiences contribute to your expertise and influence your practice back in Bangladesh?

    I worked in the UK for Eversheds LLP in their shipping department. That work experience was my first foray into the world of arbitration arising out of shipping law. During those early years of practice, I realized that a good lawyer not only needs to understand law but needs a well-rounded knowledge base which helps to think outside the box. Many of the issues that arise during a complex case may often involve highly technical matters where one’s understanding of subjects like physics and chemistry come in handy. 

    In the United States, I got the fortuitous opportunity to work for one of the world’s leading international arbitration firms, Foley Hoag LLP. I had gone to the United States as a Fulbright Scholar on the Hubert H Humphrey Fellowship to study at the Washington College of Law at American University (“WCL”). By chance, one of the Adjunct Professors who was teaching me at WCL was also a Managing Partner at Foley Hoag LLP, which had just been engaged by the Government of Bangladesh for the arbitration of the maritime boundary disputes in the Bay of Bengal between Bangladesh, Myanmar, and India. I was fortunately in the right place at the right time and got offered a position at Foley Hoag. I was particularly keen on assisting my own country Bangladesh in an international arena. While at Foley Hoag I also got to work for countries like Ecuador and Venezuela in arbitration cases arising from investment disputes. I was part of the team that advised the Philippines in their maritime boundary dispute with China in the South China Sea.          

    My international experiences in the law firms in the UK and USA greatly helped me in my international arbitration practice. Not only did I acquire legal skills by working with the best international lawyers in the world but I also built personal lasting friendships that provide indispensable support to me even today.  

    What motivated you to establish Alliance Laws in Bangladesh, and what have been some of the significant milestones for the firm since its inception?

    The key motivation for establishing Alliance Laws was to have the freedom of choice about the kind of work I want to do. Now I only do cases that I find enjoyable or challenging. The law firm has grown exponentially since it was founded in 2019. We started with only two lawyers and in five years we have sixteen people working in the firm. Since our inception, we have assisted Bangladesh state owned entities in several international arbitration cases. In addition, we have also been involved in a number of complex cross-border transactions for international clients. The firm has been ranked by Chambers and Partners for its “Corporate and Finance” and “Dispute Resolution” works.     

    Given your extensive experience in international arbitration, what do you see as the most challenging aspects of this field, and how do you navigate them?

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”. While some progress has been made with respect to gender, ethnicity, and cultural diversity, the system is still somewhat closed and controlled by a small group of people. I feel there is a need to encourage greater diversity in the pool of professionals which work in international arbitration, both as counsel and arbitrators. 

    For my part, whenever the opportunity arises, I try to encourage appointment of arbitrators and counsel from different regions and cultural backgrounds. I also try to ensure that tribunals and my legal teams have a good gender and multicultural balance.   

    Could you highlight one or two international arbitration cases you’ve worked on that you found particularly challenging or rewarding?

    One of the most challenging international arbitration cases that I have worked on involved a dispute between my country, Bangladesh, and a Canadian energy company. The Canadian company had caused a massive explosion while negligently drilling a gas filled in northern Bangladesh and was about to get away without paying any compensation. When I was appointed to the case, half way through, I managed to get a team of lawyers together and succeeded in turning the outcome of the case in Bangladesh’s favour. It was difficult to take on a case which had been partially completed. However, in the end, it was rewarding to be able to change the outcome of the case through a combined team effort and a “never give up” mindset.     

    Lastly, what advice would you give to fresh law graduates who aspire to build a successful career in international law and arbitration?

    My advice to all fresh law graduates would be to read as much, and as widely, as possible. Reading cultivates the mind and makes one more empathetic. To be a good lawyer one only needs to understand the law. But to be a great lawyer, especially in international law and arbitration, one has to solve complex legal issues from a culturally sensitive manner. There is also no short cut to success. In legal practice, if one is to succeed one must be prepared to go per aspera ad astra (through hardship to the stars). 

    Get in touch with Moin Ghani-

  • “After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions”- Goda Raghavan, Advocate & Partner, AK Law Chambers

    “After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions”- Goda Raghavan, Advocate & Partner, AK Law Chambers

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

    Ms. Raghavan, you have a remarkable career in corporate law, leading the Corporate Transactions practice at AK Law Chambers. Can you share with us the journey that led you to pursue a career in law and what sparked your interest in this field?

    I come from a family of litigating lawyers (my grandfather KR Gopivallabha Iyengar was a judge of the Karnataka High Court and my father, Mr. KG Raghavan, is a senior advocate in Bangalore) and I am now the third generation lawyer. While I was always keen on becoming a lawyer from very early on, I wanted to establish a practice to create an identity of my own and on my own merit and consequently, I wasn’t sure if I wanted to pursue litigation as my area of specialisation. In addition to being a lawyer, I am also a qualified company secretary. As part of the CS course, I worked with the GMR Group. During my stint for a little over a year there, I was exposed to working with the legal and secretarial team alongside the business vertical with a focus on getting business done within the framework of the law rather than academic interpretation of the law. I even had the opportunity to be a part of the board meetings. When I met my husband, Anirudh Krishnan, in London during my LLM at the London School of Economics, our idea was that if we were to setup our private practice together, our skill sets should complement each other and not duplicate. All of this instilled a keen sense of desire to work in an area that is a bridge between the business world and the law and consequently pursuing a career in corporate transactions was the perfect fit.

    Your educational background is impressive, with a Bachelors in Law from University Law College, Bangalore, and an LLM from the London School of Economics. How did your educational experiences shape your legal career and influence your specialization in corporate and commercial law?

    An undergrad degree equips you to be a lawyer sans specialisation in most 5 year programs However, the LLM degree in LSE, UK changed my perspective on how to approach a given factual matrix and debating the ‘why’ of the law given that I shared a classroom with some of the best students from top schools across the world and was taught by some of the world’s best subject matter specialists. While at LSE there were two specific courses that added to my already keen interest in corporate and commercial law – International Business Transactions and Project Finance & Public Private Partnerships. However, according to me, much of my specialisation came to me as a learning on my first job with Mr. TK Bhaskar. But I would like to add that, over the years, since I have setup my own vertical in the area of corporate commercial transactions at AK Law Chambers, the LLM has visibly given me an edge when a client has to decide between two or more prospective lawyers.

    Being a qualified company secretary and securing a gold medal is quite an achievement. How has this additional qualification complemented your legal practice, particularly in corporate transactions?

    Thank you. I believe that having an additional qualification such as the company secretaryship has definitely added an intangible benefit to my practice. I am now in a position to provide my clients with the wholistic advice on how to structure and negotiate a particular transaction not only from the legal point of view but also from the financial and secretarial point of view and any Private Equity or M&A transactions would necessarily involve all three aspects –  legal , finance and secretarial.

    You have been recognized by prestigious platforms such as Chambers & Partners, Thomson Reuters, and Legal 500. What do these accolades mean to you, and how have they impacted your professional journey and reputation in the legal community?

    The accolades are a recognition of the good work that one has done and a motivation to keep getting better each year. However, today the market is flooded with plenty of awards and several that come with a ‘nomination fee’ or a ‘registration fee’. We as a firm have a no payment for recognition policy and therefore I feel that those that I have earned are truly on the basis of the work we do. That being said, I am very grateful for the recognition and accolades that I have received and several of these carry a very good reputation and value internationally.

    Your work in private equity, mergers and acquisitions, and general corporate advisory has been highly acclaimed. Could you tell us more about one of the marquee deals you were involved in, specifically the Mahindra Logistics acquisition of Whizzard, and what made it stand out as the deal of the year?

    After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions. I’d like to use the word ‘marquee’ in two contexts – one where the deal itself is complicated and requires manoeuvring through the nuances of the law – like the Mahindra deal which was a deal involving an acquisition by a listed company and also had to be completed in a time bound manner of less than 5 days (where typically deals take around 45-90 days). There was another deal that I advised on wherein the investors from Mayalsia were exiting an Indian hospital and selling shares to a non-resident Indian and therefore the deal involved compliances and structuring under multiple jurisdiction. There is yet another deal I advised on which was a Rs. 1200 crores fund raise by a Section 8 company involved in a highly sensitive project in India. Some of these deals are in the public domain, while others are not. The other context of marquee, in my view is a transaction where the entire team of lawyers for all parties were all women – in this deal even the CFO of the investor was also a woman and when we closed the deal it left me with a sense of pride!

    In addition to your legal practice, you actively mentor the start-up community and engage with organizations like TiE Bangalore and NASSCOM. How do you balance these roles, and what drives your passion for supporting startups and innovation?

    I work with companies at all stages – companies that are still at an idea stage to multi-national companies that have several business verticals across countries. I would like to bring my expertise to help startups since they are the future of business in India and when they grow we grow with them. Organisations such a TiE, NASSCOM, etc provide a great platform for me to give back to the society in the way I can.

    Beyond your professional achievements, you are also a trained veena artist and serve on the executive committee of the Madras Music Academy. How do you integrate your passion for music with your demanding legal career, and what role does music play in your life?

    I have learnt the veena for over 30 years now and it was something that my mother was very particular about. Her objective in me being trained in music was two-fold, I would learn the music itself  and also would inculcate the art of being able to focus. I believe that this has truly helped me at several points. My profession can get a bit monotonous at times and music brings in the refreshing change to my day. I believe it is important to keep your passions alive outside of your profession so that when you take that break and come back to work, you are recharged to give your best.

    As someone who has achieved so much in both your professional and personal life, what advice would you give to fresh law graduates who are just starting their careers in the legal field?

    Use your time at your internships well to assess which is the area of law that interests you and not go behind the mere “image” of a practice that looks externally appealing. In my opinion the first boss is probably more important than the area of work since the mentorship that you receive in your initial years will shape your professional life for several years thereafter. Also, if you choose to take up a particular area of practice, give it atleast 2-3 years so that you are able to see the full cycle of a deal or a case and understand to some extent what the area of practice entails.

    Get in touch with Goda Raghavan-

  • “Don’t chase money but try to gain as much experience as you can during your initial years into the profession”- Paritosh Anil, Advocate on Record and Partner at AKS Partners

    “Don’t chase money but try to gain as much experience as you can during your initial years into the profession”- Paritosh Anil, Advocate on Record and Partner at AKS Partners

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

    Can you share with us the story of what initially drew you to pursue a career in law, and what motivated you to specialize in criminal, civil, and arbitration disputes?

    I did my graduation in English (H) and then wanted to pursue either CA or Law. Ultimately, I was more inclined towards law as the pursuit for justice and a desire to make a positive impact on society is something which can only be achieved in this profession. During the 2nd year of my LLB, I realised that litigation is my calling as I was fascinated with the dynamics of the criminal justice system. Later, during my initial training period, I was fortunate enough to have worked under the guidance of Mr. Ramesh Gupta (Senior Advocate) and those initial years of running around in the corridors of Patiala House Court is what further motivated me to pursue litigation as I was a witness to the countless lives which were touched by my senior daily. The relief on the faces of the clients and their gratitude towards the assistance provided to them by their counsel is what makes it all worthwhile at the end of the day. With passage of time, I ventured into civil and matrimonial matters and then from 2015 onwards Arbitrations as a field started gaining pace in India and a natural progression for me was to start delving into this new field.

    As you are aware litigation (specifically criminal and civil litigation) is tough and the initial gestation period is around 5-6 years for any lawyer to start earning a respectable fee. However, if you have the grit and determination to sustain these initial years, then this profession gives you the maximum satisfaction of being a beacon of hope for so many individuals. Additionally, you are constantly learning something new every single day and the learning experience itself keeps you invigorated and makes you a better person and a better professional. This satisfaction of making a difference in someone else’s life by performing my professional duties to the best of my abilities is what motivated me to pursue litigation, and this is my guiding light even today after almost 16 years of being in the profession. 

    Reflecting on your extensive experience, can you tell us about a particularly challenging case you handled, and what you learned from it?

    Well, there have been many memorable and challenging cases which I have dealt with but the one which stands out as being the most challenging of them all would be a CBI case in which allegations of forgery and bribery were levelled against the clients who were builders. The basic allegation was that land acquisition was done based on forged and fabricated sale deeds with the help of officials from tehsildar office. After going through the entire documentary evidence and the purported forged and fabricated sale deeds I managed to identify that the allegation of forgery was prior in time to when my clients had entered into the picture and their sale deeds were based on the previous chain by another person who was not even made an accused in the case whereas the allegations of forgery were of that period. Based on this glaring discrepancy which was highlighted before the Ld. Judge, ultimately my clients were acquitted because of this major flaw in the case put forth by the prosecution. The matter involved meticulous investigation into a lot of documents filed along with the chargesheet and it was all worthwhile in the end. This case taught me to be absolutely thorough with the reading of case documents since a simple date on a document could be the difference between a win or a loss for the client.

    You’ve represented clients before some of the highest courts in India, including the Supreme Court and the Delhi High Court. How do you prepare for such high-stakes cases, and what does a typical day look like when you’re gearing up for a major court appearance?

    Well, for any litigation lawyer a typical day starts at around 7.30-8am in the morning when you start preparing for your court hearing and post court timings it is usually conferences and meetings till later in the evening. Then by the end of the day you are preparing for the cases which are listed on the next day so to sum it up you are working round the clock as a litigation lawyer and that’s what a typical day looks like for me as well. This pressure has only increased since my foray into a firm as now I am also responsible for the work which my entire team is doing, and I must keep them motivated as well to put in their best efforts in all the tasks which are assigned to them.

    There are a few days of temporary respite when there is a long weekend coming up but then that also must be utilised for the purpose of business development meetings. When a high stakes matter is involved then obviously your focus shifts completely for the preparation of that case and rest of the things take a backseat. The team working under me also prioritises on preparation of important matters whenever the need arises, and rest of the work is reallocated accordingly. 

    Your profile mentions your involvement in both substantive and procedural law. Can you explain how you balance these two aspects in your practice and why both are crucial for successful legal representation?

    From my experience I can confidently state that procedural law should be the focus for any fresh graduate who wants to pursue litigation. The learnings from your formative years into the professional when you are either interning or working under a senior, are what will decide on how professionally sound you will be in the future. Substantive law can only provide you with broad guidelines in which you have to move but procedural law is what will determine how you will be able to succeed in a particular case. 

    I was fortunate enough to have worked under seniors who were doing extremely good trial court work and training under their guidance helped me in honing my procedural law skills. For any litigation aspirant practical knowledge of court craft including the art of cross examination of witnesses is the most important aspect of his learning and growth. Once you are confident in the procedural aspects, you automatically gain a better understanding of the substantive aspect of law as then reading through the relevant provisions of any act or rules becomes easier for you. Based on the knowledge and advice imparted to me by my seniors, I had also focused on the procedural and practical aspects of court craft during the formative years of my practice and that is what has helped in becoming a better professional. I keep myself abreast with any new developments in law by reading recent judgments of higher courts, books and commentaries of different fields of law and online articles on topics relating to my field of work. Reading is something which is imperative for any legal professional and that helps you in maintaining the balance between substantive law and procedural law. 

    Public speaking and interaction management with strategic clients and senior counsels are highlighted as your skills. How have these skills contributed to your success in the legal field?

    From my law college days, I used to participate in moot court competitions which helped me in getting over stage fright since I had always been an introvert during my school days. I think doing my graduation in English language also helped me in becoming more confident while interacting in public. Client interaction is something which you get better at with experience and the same holds true for me as well. With time I got better at understanding the needs and requirements of clients since no two clients are the same and you must deal with each client accordingly. Being a good listener is an important skill in any lawyer’s repertoire as clients want a personalised experience where they feel comfortable discussing all their doubts and apprehensions with their lawyer. Ethics and integrity are two other aspects which are non-negotiable in my practice, and I believe that has helped me in retaining many of my clients as clients also appreciate honesty and sound advice from their lawyer.

    I have briefed many seniors during my career and share an extremely cordial and respectful relationship with them. Briefing seniors is an important learning experience as watching them deal with a matter through their own vast experience gives you fresh insight and perspective on how to deal with a particular issue or case. 

    You’ve worked on cases involving the Indian Penal Code, Civil Procedure Code, and numerous other acts. Which legal area do you find the most complex and why?

    All cases are challenging but for me particularly civil matters are more technical in nature and require thorough understanding of the Code and mere procedural defects can lead to unwarranted outcomes. Other than civil matters, cases involving IBC and SFIO are also technical in nature, and these are evolving fields, so they also offer some challenge and excitement due to complexities involved in interpretation of the statute and relevant rules. But to be honest, complexity is what keeps you on your toes and makes you a better professional as the need to learn and evolve constantly is permanent in this profession. 

    In your current role as Partner (Litigation) at AKS Partners, what are some of the significant trends or changes in arbitration and litigation that you’ve observed, and how do you see the field evolving in the next few years?

    This is my first stint in a law firm so transitioning from an independent practitioner to a partner has been an interesting experience. I am thankful to my Managing Partner Mr. Sonal Kumar Singh for reposing his faith in me and for his constant help and guidance. This has been an extremely important learning curve in my professional journey.

    Now to answer your specific question, commercial suits and arbitration have taken precedence over traditional civil litigation since they offer quicker resolution for commercial clients. With the recent amendments in both Commercial Courts Act and Arbitration & Conciliation Act, the lawmakers of the Country have tried to resolve some of the procedural aspects which were causing delays in the trial thereby making the process faster and more efficient.

    One of the main reasons for me to join the firm was to gain more relevant experience in International Commercial Arbitration for myself and to enhance the ‘white collar crime’ practice of the firm. AKS Partners is renowned for its expansive arbitration practice and in recent years Government is also focusing on making India a major hub for conducting International Arbitrations. I see a tectonic shift in the Arbitration landscape of the Country in the near future with establishment of major Arbitration Centres like Delhi International Arbitration Centre as well as establishment of Arbitration Bar of India.

    Finally, what advice would you give to fresh law graduates who are just starting their careers and aspiring to achieve success in the diverse areas of law that you have mastered?

    Try to do as many internships as possible in order to gain experience in all fields of law whether it is corporate or litigation as that will help you in deciding which field attracts you the most. Clarity on this aspect is crucial for your growth as your initial years of training will determine your future in your chosen field of law. 

    If litigation is your chosen path, then be patient during the initial years. Don’t chase money but try to gain as much experience as you can during your initial years into the profession. Try gaining maximum exposure in trial courts for at least 3-4 years as that is where you will learn the procedural aspects of litigation including the art of cross examination of witnesses which I believe is imperative for any litigation lawyer. To all young professionals my most important advice will be to be thorough with the Evidence Act as that is the bread and butter for any litigation lawyer. 

    Finally, don’t be afraid of making mistakes as they will be your greatest teachers in your professional journey. Be faithful to your craft and never compromise on your ethics and professionalism.

    Get in touch with Paritosh Anil-

  • “Embracing technology tools and resources, such as legal research platforms, case management software, and artificial intelligence applications, streamlines workflows and facilitates efficient information retrieval in diverse legal areas”- Ajinkya Patil, Senior Legal Counsel – Dentsu

    “Embracing technology tools and resources, such as legal research platforms, case management software, and artificial intelligence applications, streamlines workflows and facilitates efficient information retrieval in diverse legal areas”- Ajinkya Patil, Senior Legal Counsel – Dentsu

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

    Can you share a pivotal moment or experience from your early career that solidified your decision to pursue law as a profession?

    My grandfather was a significant influence on my career path! He was a Prothonotary and Senior Master in the Bombay High Court. On summer vacations when I used to visit his place, he used to tell me how his day at work was like. Just seeing him get all decked up in crisp formals and a coat with his suitcase ready to go to work is what inspired me to pursue law. The discipline in life which comes along with it is just an icing on the cake.   

    You’ve had an extensive journey through various law firms and corporate positions. What motivated you to transition from law firms to corporate roles, and how did each experience shape your expertise?

    Transitioning from law firms to corporate roles was motivated by a desire for a different perspective and new challenges in my career journey. Each experience has played a significant role in shaping my expertise in different ways. Starting in law firms provided me with a strong foundation in legal practice. In this environment, I honed essential skills such as legal research, writing, and advocacy. Working on diverse cases and projects allowed me to develop a broad understanding of various areas of law and learn to navigate complex legal issues efficiently. Additionally, collaborating with experienced attorneys and receiving mentorship helped me refine my approach to legal analysis and client representation. Also, as it is necessary to have a strong foundation before constructing a building, I always believed the law firm experience provides with that strong foundation and basics at the starting point of your career. 

    Transitioning to corporate roles offered a unique vantage point to apply my legal skills in a different context. In a corporate setting, I gained insights into the business side of legal matters, including contract negotiation, regulatory compliance, and risk management. Working closely with internal stakeholders, such as executives, department heads, and cross-functional teams, enhanced my ability to align legal strategies with organizational goals and priorities. Moreover, navigating corporate environments provided me with valuable experience in understanding the interplay between legal considerations and business objectives, fostering a more holistic approach to problem-solving.

    Each experience, whether in law firms or corporate settings, has contributed to my growth as a legal professional. 

    With your background in handling litigation matters across different forums, could you highlight a particularly challenging case you managed and the strategies you employed to navigate it successfully?

    I strongly believe that each case has its own complexities and challenges, and it cannot really be segregated to the most and the least challenging. However, one case which stands out particularly is an international arbitration before the Swiss Arbitration Centre. I chose this one not because of the complexities involved (though it was extremely complex) but considering that it was my first international arbitration involving a completely different process altogether. I had to collaborate with a top tier law firm of Geneva for assistance and working with their team was itself very challenging and at the same time a big learning experience. To navigate this case successfully, several key strategies were employed:

    • The first step was conducting a comprehensive analysis of the facts, contracts, and applicable law. This involved reviewing extensive documentation, including contracts, emails, financial records, and other evidence, to gain a deep understanding of the case’s nuances and intricacies.
    • Based on the analysis, a strategic litigation plan was devised to address the various legal and factual issues effectively. This plan involved identifying strengths and weaknesses in our position, anticipating opposing arguments, and formulating proactive strategies to mitigate risks and maximize favorable outcomes.
    • Diligent Discovery: Given the complexity of the case, diligent discovery was crucial. This involved conducting thorough investigations, propounding targeted discovery requests, and strategically responding to discovery demands from opposing parties. Leveraging electronic discovery tools and expert assistance facilitated the efficient management of voluminous documents and data.
    • Collaborative Approach: Collaboration with colleagues, experts, and clients played a pivotal role in the successful management of the case. Regular communication, teamwork, and coordination ensured that everyone involved was aligned with the litigation strategy and working towards common goals.

    I will always remember this case as I got the opportunity to work with one of the best law firms in Geneva and in the process gained sight of their working ways and culture and made some lifelong contacts. 

    Your experience spans across diverse legal domains such as civil laws, corporate laws, real estate, and arbitration. How do you manage to stay updated and proficient in such a wide array of legal areas?

    Staying updated and proficient across diverse legal domains requires a combination of ongoing learning, strategic focus, and effective resource management. My senior always used to tell me that ‘Reading’ is the key and that it is never enough and one has to keep reading more and more. This has stuck with me ever since and I make sure to take time to do that. It does not specifically mean that one has to read Law books and commentaries. A simple novel, newspaper, articles are enough. I prefer to categorize the reading process in the following manner. 

    • I prioritize continuous learning through various channels, including legal seminars, webinars, workshops, and professional development courses. These opportunities allow me to stay abreast of legal developments, emerging trends, and best practices across different practice areas.
    • I dedicate time to conducting legal research regularly to stay informed about recent case law, statutory changes, and regulatory updates relevant to each legal domain. Leveraging online legal databases, scholarly journals, and reputable legal publications helps me access timely and accurate information.
    • Engaging with colleagues, mentors, and legal professionals across different practice areas fosters knowledge sharing and collaboration. Participating in professional associations, bar committees, and industry forums provides valuable insights and perspectives from peers and experts in various legal fields.
    • Embracing technology tools and resources, such as legal research platforms, case management software, and artificial intelligence applications, streamlines workflows and facilitates efficient information retrieval in diverse legal areas.
    • Seeking guidance from experienced mentors and senior colleagues provides invaluable support and guidance in navigating complex legal issues and expanding expertise across different practice areas.

    As someone who has held leadership positions, including leading teams and managing departments, what strategies do you employ to foster effective teamwork and collaboration within legal environments?

    The teamwork and collaboration should not be restricted only within the legal team. The key in a corporate setting is to be a business enabler rather than just finding legal solutions to the problem. The first and foremost thing I tell the team is that working in the corporate sector is completely different from that of a law firm (from experience!) and the objective is to find a solution which is viable for the business and one which does not put the company exposed to any potential liability or conflict. I make sure to set up weekly catch-up calls with the business leaders and stakeholders just to discuss casual business and their expectations from the legal team. Likewise, acknowledging and celebrating team achievements (legal and business), both big and small and seeing failures as opportunities for learning and improvement help in the long run. 

    In your role as a legal professional, you’ve undoubtedly encountered complex contract negotiations. Can you share some insights into your approach to negotiating contracts and ensuring favorable outcomes for your organization?

    Absolutely! Negotiating contracts can be intricate and demanding, requiring a blend of legal expertise, strategic thinking, and effective communication skills. Before entering into negotiations, conducting comprehensive research and analysis to fully understand the terms, conditions, and potential implications of the contract is important. This includes reviewing relevant laws and regulations, understanding industry standards, and gathering information about the other party’s preferences and priorities. Working closely with stakeholders to understand their objectives is equally important. Clear and concise communication is essential throughout the negotiation process. Effective communication helps build understanding and facilitates productive dialogue.

    Given your involvement in Mergers and Acquisitions, could you discuss some of the key legal challenges you’ve faced in such transactions and how you navigated them to ensure compliance and success?

    Certainly! Mergers and acquisitions (M&A) transactions present a plethora of legal challenges, ranging from regulatory compliance to contractual issues. Here are some key legal challenges I’ve encountered in M&A transactions, along with strategies for navigating them to ensure compliance and success:

    1. Regulatory Compliance: One of the foremost challenges in M&A transactions is navigating the complex web of regulatory requirements and obtaining necessary approvals from regulatory authorities. This includes antitrust regulations, securities laws, foreign investment regulations, and industry-specific regulations. 
    2. Contractual Issues: M&A transactions involve negotiating and drafting numerous contracts and agreements, including purchase agreements, shareholder agreements, and employment contracts. Ensuring that these contracts accurately reflect the parties’ intentions, protect their respective interests, and comply with legal requirements is critical. 
    3. Intellectual Property (IP) Issues: IP considerations are often paramount in M&A transactions, particularly in technology-driven industries. Identifying and assessing the target company’s IP assets, including patents, trademarks, copyrights, and trade secrets, is crucial to evaluating the transaction’s value and mitigating risks. 
    4. Employment and Labor Law: M&A transactions can have significant implications for employees, including potential changes in employment terms, benefits, and job security. Ensuring compliance with employment and labor laws, including regulations governing layoffs, severance pay, and employee benefits, is essential to minimizing legal risks and maintaining positive employee relations. 
    5. Data Privacy and Security: In an increasingly digital world, data privacy and security considerations are critical in M&A transactions, particularly when handling sensitive personal or proprietary information. Ensuring compliance with data protection laws and regulations, such as the GDPR and CCPA, is essential to protecting both parties’ interests and mitigating potential legal and reputational risks.

    By proactively addressing these and other legal challenges in M&A transactions, I aim to facilitate smooth and successful transactions that create value for all stakeholders involved while minimizing legal risks and ensuring compliance with applicable laws and regulations.

    Drawing from your extensive experience, what advice would you offer to fresh law graduates stepping into the field today, especially regarding career growth and navigating the complexities of the legal profession?

    For fresh law graduates entering the legal profession, here are some key pieces of advice to consider as you embark on your career journey:

    1. Continuous Learning and Skill Development: The legal profession is constantly evolving, so it’s essential to prioritize continuous learning and skill development throughout your career. Stay updated on legal developments, industry trends, and emerging areas of law through ongoing education, professional development programs, and networking opportunities.
    2. Seek Mentorship and Guidance: Find mentors within the legal profession who can offer guidance, support, and advice as you navigate the complexities of your career. Mentors can provide valuable insights, help you develop professionally, and offer perspective based on their own experiences in the field.
    3. Embrace Technology and Innovation: Embrace technology and innovation as valuable tools for enhancing your legal practice. Stay abreast of advancements in legal technology, such as case management software, research tools, and e-discovery platforms, and leverage them to streamline your work processes, improve efficiency, and deliver greater value to your clients.
    4. Cultivate Professionalism and Integrity: Uphold the highest standards of professionalism and integrity in all aspects of your legal practice. Adhere to ethical guidelines and codes of conduct, maintain confidentiality, and always act in the best interests of your clients while upholding the rule of law.
    5. Develop a Strong Work Ethic and Resilience: The legal profession can be demanding and challenging, requiring perseverance, resilience, and a strong work ethic. Be prepared to put in the time and effort necessary to excel in your career, and don’t be deterred by setbacks or obstacles along the way.
    6. Stay Flexible and Adapt to Change: The legal profession is dynamic and constantly evolving, so be prepared to adapt to change and embrace new opportunities as they arise. Stay flexible in your career trajectory, be open to new experiences and challenges, and seize opportunities for growth and advancement along the way.

    Get in touch with Ajinkya Patil-

  •  “The use of mediation not only provides a more amicable and cost-effective resolution for clients but also helps preserve relationships that might otherwise be damaged by adversarial litigation”- Ekakshra Mahajan Mandhar, Managing Partner at Mandhar Associates 

     “The use of mediation not only provides a more amicable and cost-effective resolution for clients but also helps preserve relationships that might otherwise be damaged by adversarial litigation”- Ekakshra Mahajan Mandhar, Managing Partner at Mandhar Associates 

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

    Can you share what initially inspired you to pursue a career in law? Was there a specific moment or influence that set you on this path?

    From a young age, I had a strong inclination towards law because it represented a pathway to justice, which deeply appealed to me. The idea of being able to contribute to fairness and uphold the rights of individuals and communities was incredibly motivating. There wasn’t a single moment that set me on this path, but rather a consistent interest in the principles of justice and equity. This passion ultimately guided my decision to pursue a career in law.

    You have an impressive educational background, including an LL.M. from Penn State Law. How did your studies there shape your legal perspective, particularly in specialized fields like Antitrust, Bankruptcy, and Energy Law?

    Thank you for your kind words. Indian competition law has largely evolved from U.S. antitrust law, so studying this area in the U.S. provided me with valuable insights that I could apply back home. Bankruptcy law was particularly intriguing, as it was a nascent field in India with the recent enactment of the Insolvency and Bankruptcy Code (IBC). Engaging in a comparative analysis with U.S. bankruptcy laws provided me with a robust foundation, which has been incredibly beneficial as I now specialize in this area. Energy law, while still evolving in many respects, is a field where the growth of renewable energy sources presents significant opportunities. My studies at Penn State Law allowed me to explore emerging trends and regulatory frameworks in the U.S., equipping me with the knowledge to anticipate and navigate similar developments in India. 

    Being a dual-licensed attorney in both the State of New York and India is quite an accomplishment. What challenges did you face while obtaining these licenses, and how do they complement your practice?

    Obtaining licenses to practice law in both the State of New York and India was incredibly rewarding. Passing the New York Bar exam felt like a wonderful accomplishment. It was a daunting exam, but successfully navigating it instilled a sense of confidence and added credibility to my professional profile. Being dual-licensed complements my practice by allowing me to offer a broader range of legal services and insights, bridging the legal frameworks of both jurisdictions. This dual qualification enables me to better serve clients who operate internationally and provides a unique edge in comparative legal analysis.

    Your work primarily focuses on resolving civil and commercial disputes. What drew you to this area of law, and what are some of the key challenges you encounter in these cases?

    I have a profound understanding of the intricacies involved in civil and commercial fields like tax and bankruptcy, which provides a specialized edge in my practice.

    I enjoy tackling challenging subjects, and given the vastness of civil and commercial law, it’s akin to navigating an ocean with no shore. The complexity and diversity of issues keep me intellectually engaged and continuously learning.

    One of the key challenges in these cases is the depth and breadth of knowledge required to address the multifaceted legal and factual issues that arise. Each case is unique, demanding a thorough analysis and a tailored approach to achieve a resolution. Additionally, staying updated with constantly evolving laws and regulations is crucial. Overall, the dynamic and challenging nature of civil and commercial disputes aligns perfectly with my passion for the law and my desire to make a significant impact in this field.

    You’ve advised both domestic and international clients on complex legal issues. How does working with international clients differ from domestic ones, and what unique perspectives do you bring to the table? 

    Working with international clients often involves navigating diverse cultural backgrounds and managing a broader range of projects. This variety provides access to a wider array of legal issues and challenges, making the professional journey more enriching. Being well-versed in multiple jurisdictions allows us to offer valuable insights and advice that are beneficial from both regulatory and compliance perspectives. We guide clients on a macro level, considering the broader implications of their legal matters across different legal systems. This comprehensive understanding enables us to tailor our advice to meet the unique needs of international clients, ensuring they receive well-rounded and effective support and do not have to rely upon or engage multiple professionals across different jurisdictions. 

    As a trained mediator, how do you integrate mediation techniques into your legal practice, and what benefits do you see for your clients in resolving disputes through mediation?

    As an Advocate, it is essential to weigh the best interests of the client. Often a client is warring within their corporate circuit or amongst their familial relationships which could be settled out-of-court with third party intervention. Significant court backlogs and investment of time and resources required for litigation often motivate clients to pursue mediation, if counselled well. We do take pride in facilitating communication between disputing parties, by mediating between them and subsequently drawing up agreements, reiterating that issues can be resolved more efficiently and amicably through ADR than court proceedings. Even once litigation has been initiated, mediation techniques can play a crucial role in guiding parties towards a settlement. Overall, the use of mediation not only provides a more amicable and cost-effective resolution for clients but also helps preserve relationships that might otherwise be damaged by adversarial litigation.

    Finally, what advice would you like to give to fresh law graduates who are about to start their legal careers, especially those aspiring to achieve similar milestones as yours?

    My advice is not to fret and take the time to understand how vast the field of law truly is. It’s no longer confined to the dual choice of litigating or working for a corporate firm. The profession has expanded to offer numerous new, untapped opportunities.

    I delved into the specialized field of taxation law two years after graduation, which demonstrates that you don’t have to figure everything out during law school. Use internships to explore different areas and weigh where your interests lie. This practical experience will help you discover your passion and guide your career path.

    Remember, the journey to achieving milestones takes time, and each step, whether big or small, contributes to your growth as a legal professional. Stay open to learning and embrace the diversity of opportunities the legal field has to offer.

    Get in touch with Ekakshra Mahajan Mandhar-

  • “A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice”- Dushyantha Perera, Partner, Sudath Perera Associates

    “A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice”- Dushyantha Perera, Partner, Sudath Perera Associates

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

    Can you share with us the journey that led you to specialize in Corporate and Commercial law, particularly in the non-contentious aspect?

    I am a second-generation lawyer, so attending law school, especially coming from a South Asian background, was almost a ‘fait accompli’. However, during law school, I discovered a keen interest in contract and commercial law modules. I found myself drawn to these modules much more than those dealing with subjects such as criminal or constitutional law, and I also realized that I had a natural aptitude for them. This interest led me to pursue internships that would allow me to delve deeper into related fields. My first internship was with the legal department of Unilever Sri Lanka, followed by another at a corporate law firm in Sri Lanka (where I got to directly work on M&A transactions and corporate restructurings). From then on, I never looked back.

    What inspired you to pursue your master’s degree in International Trade Law after your undergraduate studies?

    Pursuing a master’s degree was largely circumstantial. I had just returned to Sri Lanka after completing my LLB and was getting ready to sit for my attorney’s exams. I had also started working with a law firm as a legal assistant, which was a full-time commitment. The master’s degree in question was being administered by the Advanced Legal Studies Unit of the Sri Lanka Law College and was a part-time course specifically targeting working lawyers. Incidentally, it was a first of its kind at the time, although external LLM degrees from UK universities are now offered by various institutions in Sri Lanka. So, when I saw the advertisement, given the specialisation, the timing of classes (Saturdays and one evening a week) and the lecture panel (which consisted of some of the most eminent subject matter experts in the country, including two current Supreme Court judges – Justice Janak de Silva and Justice Arjuna Obeysekera), I was very keen to apply. 

    I would generally advise any young lawyer or aspiring lawyer to get some real-world experience before pursuing a master’s degree or doctorate, unless you’re inclined towards an academic career or very passionate about the topic of study. It shouldn’t simply become an exercise in enhancing your resume.  

    With your experience spanning across different regions and legal systems, particularly Singapore and Sri Lanka, what are some of the key differences you’ve observed in handling cross-border M&A transactions?

    I’ve only practiced in Singapore and Sri Lanka, but both have involved a lot of cross-border work. In the last 6 months alone, I’ve handled acquisitions, corporate restructurings and VC transactions in the US, Kenya, India and Singapore. In my current role I’m predominantly a domestic lawyer in Sri Lanka, focusing on transactional and legal advisory work within the country, but I have some clients from my stint in Singapore keeping me occupied on offshore transactions. My firm also specialises in helping Sri Lankan companies expand internationally. Each jurisdiction is different; sometimes their legal systems are easier to reconcile and understand because of a common history. For example, Sri Lanka and India share a lot of similar laws and administrative practices due to both having been British colonies, and sometimes they can be very different (such as in civil law countries, as I experienced on a power sector investment in Germany a few years back). M&A or projects/project financing work in Singapore, as compared to Sri Lanka for instance, generally involves more sophisticated and voluminous documentation but comparatively less administrative or practical hurdles; this can perhaps be attributed to the maturity and size of the Singaporean economy. 

    A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice. I think this is true regardless of practice specialisation, and it is a perspective and approach that my firm endeavours to instill in all our new trainees.  

    As a former Executive Committee member of the Sri Lanka Singapore Business Council and Vice-President of the Inter-Pacific Bar Association, how have your involvement in these organizations influenced your approach to legal practice?

    It has reaffirmed my belief in the value and power of networking. The IPBA in particular (as well as the International Bar Association – IBA) is a fantastic place for any lawyer to make connections, learn of developments globally as well as in other jurisdictions and engage in knowledge-sharing. 

    Could you walk us through a particularly complex transaction or project you worked on, highlighting the challenges faced and how you navigated through them?

    That’s a fairly difficult question to answer, as almost all large transactions and projects I’ve handled have come with some form of complexity. 

    One transaction does however stand out, just because of the timing and the circumstances. In mid-December 2021, I was engaged by an international law firm to assist in the sale of the majority shareholding in two Sri Lankan listed companies for a foreign headquartered MNC client. Whilst that would ordinarily be a challenging transaction in itself, this one had to be negotiated and completed during the Christmas break, when most offices in Sri Lanka were closed and I was on a wildlife safari with my family in Chitwan, Nepal! I remember navigating four different time-zones, negotiating documents from the back seat of a safari jeep and roaming around the camp at 4am for some internet connectivity to send out emails. Thankfully I almost never travel without my laptop and a roaming data connection. I also had fantastic support from the transaction intermediaries, including the Colombo Stock Exchange, the brokers, bankers and another Sri Lankan law firm which was acting as a share trustee. They went above and beyond, working through Christmas eve and Christmas day to ensure that we completed the transaction on time. 

    I think it’s important for lawyers to build and maintain close business relationships, particularly with regulators and other professional service providers in the market – you may never know when you need to ask for a favour. I think it’s also important, if you’re an M&A lawyer, to be prepared for a transaction to kick off at any time. Admittedly, this might mean less of a ‘work-life balance’ and more of a ‘work-life blend’. 

    In your opinion, what are some emerging trends or developments in corporate law, especially in the context of evolving regulatory frameworks and global economic shifts?

    From a Sri Lankan viewpoint, I can say that we are seeing a lot more economic activity with India. Between 2013 and 2018, China was arguably the largest source of FDI into the country, particularly towards various infrastructure projects under the Belt-Road Initiative. From 2019 onwards, and particularly post Covid-19, India appears to have taken the overall lead in trade & investment relations with Sri Lanka. This is perhaps a result of PM Modi’s ‘Neighbourhood First’ policy, and consistent with a growing international perception that there is an emergent India – one that is utilising its clout and reach, and leveraging on its potential, as the world’s fifth largest economy. India also appears to be an economic beneficiary of worsening US-China relations, with US and European companies seeking to de-risk and diversify their supply chains. 

    Given the cultural and geographical links, as well as the substantial similarities in legal and administrative frameworks, I’ve long been an advocate for greater economic integration between India and Sri Lanka; it is, now more than ever, ‘low hanging fruit’ towards reaching our own development objectives in a mutually beneficial manner. 

    Finally, considering your wealth of experience, what advice would you offer to law graduates aspiring to specialize in corporate and commercial law, especially in today’s dynamic legal landscape?

    I would say go for it. There are so many emerging practice areas to explore now, within the broader framework of non-contentious corporate and commercial law work, from data privacy to the developments in blockchain technology, cryptocurrency and the use and application of AI. The best way is to get insights and hands-on experience through internships and work placements etc. 

    Get in touch with Dushyantha Perera-