Super Lawyer

Tag: Law Firm

  • “One of the unique challenges of balancing litigation and transactional work is managing priorities and deadlines, while maintaining the highest standards of quality and client service”- JV Abhay, Partner at Shardul Amarchand Mangaldas & Co.

    “One of the unique challenges of balancing litigation and transactional work is managing priorities and deadlines, while maintaining the highest standards of quality and client service”- JV Abhay, Partner at Shardul Amarchand Mangaldas & Co.

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

    Can you walk us through your journey into the field of law, particularly specializing in intellectual property rights? What drew you to this area of practice?

    My initial interest in law began during my school days when I had an interaction with one of my close family friends, who was a well-known lawyer, practicing at the Supreme Court. After high school, I wrote the entrance exams of the first five-year L.LB. (Hons.) course offered by the Guru Gobind Singh Indraprastha University in Delhi. I cleared the exams and joined Amity Law School to pursue the L.LB. (Hons.) course. My plan was to join my relatives after graduation. Unfortunately, this was not to be, as my relative passed away before I graduated in 2004. Unlike the present times, job opportunities were few and far (at least for first generation lawyers) during that time but with a little assistance from one of my batchmates, I was fortunate to get an interview at the Indian Red Cross. I joined the Indian Red Cross as a law officer and worked for almost 2 years. At that time, IP was an upcoming field of law and I wanted to explore it. Incidentally, I came across an opportunity at Remfry & Sagar, an IP Boutique Firm, sometime in 2006. I was interviewed for the Trade Marks (Litigation) practice and was selected. This was the beginning of my journey as an IP lawyer. As a part of my first assignment, I was required to work on a large litigation that was transferred from another Firm. As destiny would have it, I ended up handling this litigation, which over time grew manifoldly, till I was with Remfry & Sagar. Working with a boutique IP firm for more than a decade, helped me learn the intricacies of IP law and practice. Additionally, the firm also taught me the significance of time management and discipline at the workplace, which I value to date. While I was a part of the Trade Marks (Litigation) team, I used to work closely with other teams as well. The dynamic nature of IP law, coupled with its intersection with technology, business, and culture, also led me to specialize in this area of practice.

    Your work experience showcases a significant trajectory from being a Law Officer at the Indian Red Cross Society to now being a Partner at Shardul Amarchand Mangaldas & Co. How did your early experiences shape your career path and your approach to practicing law? 

    My early experiences as a Law Officer at the Indian Red Cross Society provided me with a solid foundation in legal practice. Working in a multifaceted organization like the Red Cross exposed me to diverse legal issues ranging from civil cases, review of complex agreements, international humanitarian law issues and advocacy. I was also involved in organizing IP awareness programs at the Red Cross. The experience taught me the importance of being focused, adaptable, and thinking strategically in navigating complex legal matters. 

    As I progressed in my career, each role I undertook further shaped my approach to the practice of law. All throughout my career, I have always strived to leverage my expertise to achieve best outcomes for clients, while upholding the highest ethical standards. My early experiences taught me the value of diligence, discipline, perseverance, and continuous learning in the profession, traits that I have always tried to hold onto till date. 

    Throughout your career, you’ve handled a variety of cases ranging from civil and criminal cases to IP litigation. Could you share with us a particularly challenging case you’ve encountered and how you navigated through it?

    One particularly challenging case that I encountered involved a high-stakes trade mark dispute between a well-known foreign newspaper and a big Indian publishing house. The case involved complex legal issues pertaining to violation of trademarks and newspaper titles. The case, which started as a singular lawsuit, quickly spread across multiple jurisdictions and forums. Additionally, the case had significant commercial implications for both parties, including potential damage to their respective brand reputations and market share. While dealing with the case, I conducted thorough research, gathered extensive evidence, and assisted in formulating a robust legal strategy tailored to the unique facts of the case. This ensured that we were able to safeguard our client’s interests. This experience underscored the value of diligence, thorough research and strategic thinking and decision making in achieving successful outcomes in litigation.

    As a Partner at Shardul Amarchand Mangaldas & Co., you’re deeply involved in both the litigation and transactional aspects of intellectual property law. How do you balance these different aspects of your practice, and what unique challenges do each present?

    Balancing the litigation and transactional aspects of Intellectual Property Law requires a versatile approach that combines expertise with strategic foresight and commercial acumen to understand clients’ specific business needs. 

    In my present role at Shardul Amarchand Mangaldas & Co., I assist and advise clients in IP litigation, prosecution and transactional IP issues such as licensing, franchising, and technology transfer. To effectively balance these different aspects of the practice, I rely on a combination of strategic delegation, collaboration with colleagues from other practice areas and effective case management. One of the unique challenges of balancing litigation and transactional work is managing priorities and deadlines, while maintaining the highest standards of quality and client service. To address this, I emphasize on strategic planning, and proactive assessment to anticipate potential issues and risks. The goal always is to provide holistic legal solutions while keeping clients’ business needs in mind. 

    In addition to your legal practice, you’ve been actively engaged in speaking opportunities and publications, both nationally and internationally. How do these activities complement your work as a lawyer, and what motivates you to participate in them?

    Speaking opportunities and publications complement my work as a lawyer by allowing me to share insights, expertise, and thought leadership on key legal and industry issues. These activities enhance a person’s professional visibility and credibility and also leads to knowledge sharing with other legal professionals and clients. It also fosters strategic partnerships with industry stakeholders. These activities provide a valuable opportunity for professional development, personal growth, and continuous learning. They challenge me to stay informed, think critically, and push the boundaries of my expertise, thereby enhancing my skills as a lawyer and enriching my overall professional experience. I am of the view that sharing knowledge, experience, and perspectives with others, is the best means for updating oneself with the latest developments in law and strategy.

    Your involvement in administrative decision-making and resource management within the IP practice at your firm indicates a leadership role. What strategies do you employ to effectively manage and empower your team?

    For effective management and empowerment of the team, I have always adopted the “people first” approach. The emphasis is also on proactiveness, leadership, mentorship of other colleagues, and professional development. 

    The approach adopted by me is to foster a culture of client excellence, innovation, and accountability for work. I encourage open communication, mutual respect, and constructive feedback to create a supportive and inclusive work environment, where team members feel valued, motivated, and empowered to excel. Team members are also encouraged to enhance their skills, expand their knowledge, and achieve their career goals. I strive to provide guidance, support, and opportunities for growth that enable team members to realize their full potential and contribute to the success of the IP practice. By investing in the development and well-being of my team members, I believe I have been able to create a team which has achieved sustainable growth and success.

    You’ve been recognized as a top IP lawyer in India and have received awards for your contributions to IP litigation. What do you attribute your success to in this highly competitive field?

    In one word “determination”. My success can be attributed to my determination to be able achieve what I set-out to do at various stages of my career. I have always tried to stay ahead of the curve in terms of legal knowledge, skills, and expertise. Additionally, my ability to build strong relationships, both within the Firm and with clients has contributed to this success. I have been able to forge long-lasting partnerships that have fuelled my professional growth and contributed to my reputation as a trusted advisor to clients in the field of Intellectual Property Law. The support and mentorship of seniors throughout my career has also been instrumental in me being what I am today. 

    Lastly, considering your wealth of experience, what advice would you give to fresh graduates or aspiring lawyers looking to specialize in intellectual property rights or law in general?

    For fresh graduates or aspiring lawyers looking to specialize in Intellectual Property Rights or law in general, my advice would be to cultivate a habit of continuous learning. Also, as cliché as it may sound, there is no shortcut to success, especially for a lawyer. So be ready to put in the hard work; be patient; adhere to your values; build a strong foundation in legal theory, research, writing and develop the ability for critical thinking. All these skills are required, especially for someone wanting to specialize in Intellectual Property Law, as it is a dynamic field that requires a deep understanding of legal principles, industry dynamics, and emerging trends. Also, I would advise aspiring lawyers to stay curious, adaptable, and open-minded, as the legal landscape, especially in the present times where technology and market dynamics have come to play a vital role, is constantly evolving. 

    Get in touch with JV Abhay-

  • “With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena”- Sanjay Sethiya, Managing Partner at Law Square Advocates & Solicitors

    “With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena”- Sanjay Sethiya, Managing Partner at Law Square Advocates & Solicitors

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

    Can you walk us through your journey and tell us how you decided to pursue a career in law, especially focusing on Commercial and IP Litigation, Arbitration, Corporate and Real Estate Advisory?

    As I embarked on the journey of establishing my legal career, I found myself drawn to the realm of law despite originally intending to pursue the family business. My initial exposure to the legal field occurred when I commenced my law degree in 2003, prompted by a desire to defer an early arranged marriage proposed by my family for my entry into the business fold. During this time, a fortuitous encounter with a respected Advocate specializing in Commercial and Real Estate law, facilitated by a Chartered Accountant friend of my Mother, shaped my trajectory. The warm reception I received in their Chambers led to an extended internship spanning ten semesters, where I balanced academic pursuits with practical learning, immersing myself in the intricacies of Commercial and Real Estate law.

    Upon qualifying as an Advocate in 2008, my focus shifted towards Corporate Law, prompting my apprenticeship under a Senior Advocate renowned for their expertise in various legal domains, including Arbitrations, Intellectual Property Laws, and beyond. By 2013, when I established my independent practice, I had garnered extensive experience across diverse legal disciplines, ranging from Commercial and IP litigation to Arbitration and Real Estate and Corporate Advisory. These formative years were marked by tireless dedication, often spanning from early morning till late at night within the chambers of my mentors.

    During this period, my passion for law deepened as I delved into the jurisprudential insights offered by the Law Journals of the Supreme Court of India and various High Courts. It was during one such exploration that I encountered the seminal case of Malikchand v. Manikchand trademark dispute. This serendipitous discovery paralleled a client’s approach seeking resolution for a trademark infringement matter, igniting my fervor for Intellectual Property law. Immersing myself in the intricacies of Trademarks Law, particularly pertaining to Passing off and Infringement, I successfully navigated the legal complexities, laying the groundwork for subsequent triumphs in IP litigations. This initial success propelled me towards establishing a robust IP practice, encompassing not only litigation but also registration services, thus allowing me to cultivate a multifaceted IP portfolio.

    As my practice evolved, my vision expanded towards establishing a full-service firm, catering to a diverse array of legal needs, encompassing Commercial and IP litigation, Arbitration, Real Estate, and Corporate advisory.

    As the Managing Partner at Law Square, can you share some insights into the challenges you face in managing a law firm with associate offices across multiple cities in India?

    As the Managing Partner at Law Square, overseeing operations across our associate offices spanning multiple cities in India presents a myriad of challenges. While our headquarters in Bangalore serves as our primary base, our status as a full-service law firm engenders a broad spectrum of cases, including appeals destined for the esteemed chambers of the Supreme Court of India. Furthermore, our specialization in IP litigation frequently necessitates our involvement in matters before the Delhi High Court, prompting the establishment of an associate office in Delhi helmed by a seasoned Advocate on Record. This strategic arrangement enables seamless collaboration between our Bangalore team and our counterparts in Delhi, with periodic travel to the capital for court proceedings.

    Similarly, navigating banking arbitration disputes, predominantly situated in Mumbai, demands a tailored approach, necessitating the deployment of resources from our Mumbai associate office. The complexities of appearing before tribunals such as the NCLAT in Chennai and the IP office in the same city have been streamlined through the adoption of online hearing mechanisms, albeit not without initial challenges.

    The success of our Delhi model inspired replication in Mumbai and Chennai, each bolstered by dedicated teams poised to handle our caseload under the guidance of our Bangalore office. Despite the logistical demands of traversing multiple cities, the intrinsic satisfaction derived from our work mitigates the perceived challenges, reaffirming our commitment to delivering excellence in legal services.

    With your extensive experience appearing before various courts and tribunals, what do you find most rewarding about your practice in dispute resolution and arbitration?

    With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena. Whether it’s the art of case presentation, the distinct personas of fellow legal practitioners, or the varying standards of preparation, every setting presents its own tapestry of challenges and nuances. In Delhi, legal practitioners are characterized by their assertiveness and acumen, while Mumbai advocates exhibit remarkable agility and efficiency. Meanwhile, in Chennai, a culture of erudition prevails, reflecting in the meticulousness of legal discourse. Despite the inherent disparities, the ultimate satisfaction in dispute resolution and arbitration lies in transcending these differences and achieving the desired outcomes against all odds. This sense of accomplishment amidst adversities is truly gratifying and serves as a testament to the resilience and efficacy of our legal practice.

    Your involvement in pro-bono initiatives is commendable. Could you tell us about a particularly impactful case or project you’ve worked on through JITO or TPF?

    In my capacity as the Legal Cell Convenor of TPF, we conceived and executed a ground breaking initiative termed ‘TPF Paramersh’. This innovative program utilized a WhatsApp Chatbot platform to facilitate individuals in posting their legal queries, subsequently addressed by a collective of legal experts affiliated with TPF. The swift turnaround time of 1-2 days ensured prompt and accurate legal opinions, catering particularly to the marginalized and those grappling with minor legal quandaries often overlooked. This endeavour has significantly impacted over 10,000 individuals, furnishing them with invaluable legal insights free of charge, thereby bridging a crucial gap in access to justice.

    Similarly, within JITO, our commitment to pro-bono endeavours manifests through a series of legal awareness seminars. These seminars convene distinguished speakers from diverse legal and business domains, delivering insights on pertinent legal topics essential for navigating the complexities of contemporary legal landscapes. Through such initiatives, we endeavour to empower our community with the requisite knowledge and preparedness to thrive in an ever-evolving legal environment.

    Your publications and presentations on legal education and IP laws are quite notable. What inspired you to contribute to legal literature and share your knowledge through speaking engagements?

    My engagement with TPF and JITO has been instrumental in moulding both my professional trajectory and personal ethos. Through my involvement in pro-bono activities within these platforms, I became acutely aware of the pressing need to disseminate crucial legal knowledge to a wider audience. This realization served as a catalyst for me to extend beyond the confines of seminars and delve into the realm of legal literature and public speaking. Consequently, I embarked on a journey of crafting scholarly articles and delivering insightful presentations across various academic institutions, legal circles, and esteemed social and business forums.”

    How do you see the landscape of intellectual property laws evolving in India, and what challenges do you anticipate for businesses in this regard?

    In recent years, the landscape of intellectual property (IP) laws in India has experienced a notable expansion, characterized by a heightened societal awareness regarding the significance of protecting intangible assets. Businesses spanning from burgeoning start-ups to established enterprises now demonstrate a heightened consciousness regarding the imperative of safeguarding their intellectual property. India, in response, has undertaken substantial strides, aligning its IP regulatory framework with global standards and leveraging technological innovations to streamline the registration processes. Moreover, legislative reforms have been enacted to accommodate the evolving dynamics of the digital age.

    However, amidst this commendable progress, the emergence of artificial intelligence (AI) represents a potent challenge to conventional IP paradigms. The intersection of AI with copyright and trademark laws poses intricate questions regarding the attribution and ownership of intellectual creations, spanning from literary works to artistic expressions and brand identities. The rapid pace of AI development underscores the need for a nuanced understanding of its implications on intellectual property rights. Consequently, the legal terrain surrounding AI-driven innovations remains largely uncharted, fostering potential disputes and contentions over ownership claims and regulatory frameworks.

    Could you shed some light on the role of alternative dispute resolution methods like arbitration in easing the burden on traditional court systems, especially in complex commercial disputes?

    The introduction and advancement of Alternative Dispute Resolution (ADR) mechanisms, particularly arbitration, have significantly alleviated the strain on traditional court systems, particularly in the realm of complex commercial disputes. The amendments to the Arbitration and Conciliation Act in 2015, which imposed time-bound procedures, have substantially enhanced the efficacy of arbitration proceedings in India. This regulatory overhaul has not only expedited the resolution process but has also rendered arbitration a cost-effective alternative to traditional litigation.

    In the sphere of commercial disputes, where intricacies abound, arbitration offers a bespoke framework tailored to the specific needs of the parties involved. The flexibility inherent in arbitration proceedings allows for tailored procedures, expert adjudication, and confidentiality, thereby fostering a conducive environment for resolving complex disputes efficiently and effectively. Furthermore, the Indian judiciary has consistently upheld and endorsed the use of arbitration as a preferred method for dispute resolution, evident in a plethora of judicial pronouncements.

    The judiciary’s proactive stance towards promoting ADR mechanisms, coupled with legislative amendments aimed at streamlining arbitration procedures, has bolstered confidence in the arbitration process. These measures have not only reduced the backlog of cases burdening traditional court systems but have also instilled a sense of trust and reliability in the efficacy of arbitration as a viable avenue for dispute resolution.

    Overall, the symbiotic relationship between traditional court systems and arbitration serves to enhance access to justice, foster commercial certainty, and promote a conducive business environment conducive to economic growth and prosperity.

    Finally, considering your extensive experience and achievements, what advice would you offer to law graduates aspiring to build successful careers in the legal field, particularly in the areas you specialize in?

    To aspiring law graduates, I wholeheartedly promote litigation as a preferred path in their legal careers. While the initial years may pose challenges, with meagre salaries and rigorous demands, the field holds boundless opportunities for growth and fulfilment in the long run. Upon completion of their legal education, I urge students to seek apprenticeships in chambers renowned for fostering a culture of flexibility, continuous learning, and hands-on experience. Seizing the opportunity to appear in court proceedings, law graduates should dedicate themselves to mastering the intricacies of the law within stipulated time frames, thereby laying a solid foundation for their professional journey.

    Success in this profession, I believe, is predicated on dedication, hard work, consistency, humility, and integrity, virtues that one accrues and refines over time. Unlike the immediate financial rewards of non-litigation corporate practice, the gratification derived from winning a legal battle before a court of law and witnessing the joy on a client’s face is unparalleled. Patience, persistence, and perseverance are paramount in this profession, for there are no shortcuts to enduring success.

    As law graduates progress in their careers, they should remain open to continual refinement and adaptation to meet the evolving demands of the legal landscape. By embodying these principles and committing to a path of lifelong learning and growth, individuals can ascend to unparalleled heights of achievement and fulfilment within the legal profession.

    Get in touch with Sanjay Sethiya-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Priyanka Sinha-

    • “Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer”- Dharmendra Rautray, Founder, Rautray & Co.

      “Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer”- Dharmendra Rautray, Founder, Rautray & Co.

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

      Could you share a pivotal moment or experience that led you to pursue a career in law, particularly in dispute resolution and arbitration?

      Choosing a career in law was a natural process as I chose it to follow my father’s wish to become a Barrister. Again dispute resolution especially arbitration was something I was introduced to at my very early ages. Since my father was into construction of ports, dam and road projects, the word ‘arbitration’ was often heard during family discussions. I was encouraged to go through the arbitration cases of my father and also participate in the meeting with his lawyers. The pivotal moment was when I was asked to conduct a cross examination of a witness in an arbitration matter soon after I had become a law graduate. 

      Your expertise in handling international commercial arbitrations is well-known. What initially drew you to specialize in this area of law, and how has your experience evolved over the years?

      Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer. Attending international conferences on arbitration law opened up a new gamut of arbitration practice. The  interaction with foreign lawyers from different jurisdictions was a great opportunity to broaden one’s knowledge base and delve into a field of law which is more challenging and stimulating. Over the years the experience has been enjoyable and fascinating. Every case teaches you to work harder, read more on the subject and the need to  conduct in depth research on legal issues involved.

      With such a vast knowledge of Indian law, what strategies do you typically employ when approaching complex disputes, particularly those involving contractual matters?

      It is important to be thorough with the facts before reading up on the law. Without being well versed with the facts of the case it is difficult to succeed in contractual disputes. The more complex the case, the greater is the need to simplify the facts and the issues involved. The handling of documents and being aware of the case bundles is extremely crucial. The entire process requires forming of strategies and changing them if need be, as one goes along. It is necessary to keep evolving new strategies and to be flexible and receptive to clients feedback and comments.

      Your achievements include winning plaudits for your thorough knowledge of contractual disputes. Can you elaborate on how you stay abreast of the latest developments and intricacies in this field?

      One way to achieve it is to attend lawyers conferences on the subject, not limited to one’s own jurisdiction but also overseas. It is also necessary to read more judgments on the subject and also arbitration awards rendered by  arbitral tribunals. Reading and publishing articles on the subject necessitates carrying out in depth study on the issue and an important means to staying abreast with topics.

      As someone with extensive experience in construction arbitration, could you share some insights into the unique challenges and considerations involved in this type of arbitration work?

      The biggest challenge in handling construction arbitration is handling the large volume of documents. It is of paramount importance to know which type of evidence would be relevant and necessary to corroborate your client’s case.  A decision to lead oral evidence must be carefully thought of, and well considered with due consultation with the client. Clients may insist on expert evidence being presented before the arbitral tribunal but the decision whether to opt for expert evidence should always be that of the lawyer. This decision, considering the Indian scenario, should be taken after thorough understanding of the psyche of the arbitral tribunal.

      Given your involvement in drafting arbitration rules and conducting certificate courses on arbitration and dispute resolution, what do you believe are the most crucial aspects for aspiring lawyers to understand in this field?

      The rules are there to simplify procedures and this is exactly what lawyers should be doing when handling a matter. No judge or arbitral tribunal encourages complication of the already complicated disputes between the parties. It may seem a very easy task to achieve but it is perhaps the hardest and most difficult skill to hone. 

      You’ve authored two full-length books on arbitration in India. What motivated you to undertake these projects, and what key messages or insights do you hope to impart to your readers?

      Writing books on arbitration is nothing but a means to expand one’s knowledge in the field. The process involves in depth reading and research on the subject. At the end of the process it is not the reader but the author who gains more knowledge who then is keenly waiting for the reader to achieve the same status. To take up this path, it is imperative to have the desire to learn more, the interest to explore and to work hard till one reaches the point where one is ready to write down the first word of the first chapter of the book. 

      Lastly, based on your wealth of experience and achievements, what advice would you offer to fresh graduates aspiring to pursue a successful career in law, especially in the realm of dispute resolution and arbitration?

      Fresh graduates are normally overwhelmed by the success stories of lawyers who they interact with or come across. But more than being enamoured by their success stories it is their journey and hard work which should act as an inspiration and be a source of motivation. There is no instant success in arbitration and continuous dogged hard work without expectation of reward is the key to a successful career. I do understand that it is very easy to say, one should be hard working but more difficult to find the opportunity to do that hard work especially for fresh graduates. However, being resolute is an extraordinary temperament to have. Lastly, as the great Fali Nariman said, never stop being a student of law.

      Get in touch with Dharmendra Rautray-

    • “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

      “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

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

      Could you walk us through your journey from completing your LL.B. to specializing in corporate compliance and dispute resolution, particularly in arbitration?

      After completing the 5 yr LL.B. (H) program I joined a law chamber for about a year. The idea was to get an exposure to the trial work and gain an understanding of the ‘real world’ dispute resolution system. I remember on the first day of law school our constitutional teacher told us “you will spend 5 yr in law school to learn certain things that you will spend the next 1 year unlearning when you start practicing”. It was quite true. In fact interacting with a client and analysing facts to understand his underlying desired outcome is something I started learning during that period. I also wanted to add work experience before applying for LL.M. to improve chances of getting admission to a good university. During the LL.M. my focus was on ADR and business transactions. The classes on ADR introduced me to the advanced Mediation process being followed in the US at a time when Mediation was still not considered an effective alternative here. The Arbitration law had undergone a generational shift a few years ago and it was early days. The classes I took in LLM helped me grasp universally applicable principles in Arbitration which helped me when I came back and gradually focussed on ADR practice. Over the years working with several good corporate clients we realised that they were focussed on being legally compliant and always needed legal advice to avoid any pitfalls. I guess I kind of developed the necessary expertise to address the regular compliance issues of clients.

      What motivated you to pursue a Master of Laws (LL.M.) degree with a specialization in ADR and international business transactions law at the University of Southern California (USC)?

      The idea of doing LL.M. from a foreign university is not only to learn but to also develop additional skill sets and make new connections. Most of the faculty are practicing professionals from top tier firms and share the industry specific best practices. At that time there was a lot of focus on Bharat and with a lot of cross border transactions there was a growing market in the US for lawyers with working knowledge of Indian law and understanding of the legal ecosystem here. With the major focus on Arbitration as a dispute resolution option, the International ADR course seemed a logical extension of being prepared for practicing in that area. Unfortunately, the subprime mortgage crisis led to a prolonged economic downturn and cut short the plans to work on transactions but being taught ADR by some of the best faculty motivated me to focus part of my practice area on Arbitrations. It only helps to service clients today with a global presence as I am still connected to my fellow classmates from the LL.M. program who are based in Europe, Middle East and SouthEast Asia.

      Your work involves representing both private and public sector corporations (PSU). How do you navigate the differences in handling legal matters for these different types of clients?

      Whether you represent a government entity or a private party, a counsel’s approach towards finding a solution to those disputes remains largely the same. However, there is a wide difference between the two sides when it comes to the work culture and decision-making process especially when it comes to matters related to litigation or Arbitration. Whether its negotiating contracts or working on case strategy the private client is either more willing to settle with a reasonable outcome or pursue legal options up to the Apex court but there is finality in the decision making, however when it comes to PSU client we have to weigh the slow decision making process and also impact of any policy decisions made by government on the strategy being followed. We also have to understand that decisions for PSU clients are impacted by legal costs involved as it will burden the exchequers ultimately. I must add that though some lawyers may feel less incentivised to pursue government side work however, I feel that working on the government side allows one to get great exposure to a variety of complex legal problems and it is also a matter of great pride as one gets to be of service to the public in a way.

      Could you share a particularly challenging case you’ve worked on and how you approached resolving it?

      Every case comes with its own sets of challenges and in fact sometimes a case involving most basic issues can throw a completely new challenge at you at any stage of the case. Once a client came to us who was a defendant in a claim involving recovery of money which he was unable to pay due to the financial crisis. His right to cross-examine had been closed by the Court due to failure on part of his legal team, therefore he was clearly facing an adverse outcome ultimately. We were able to get the appeal admitted on legal issues and also conveyed our willingness to the court for closing the matter for a reasonable settlement. Since our client had previous long standing business relations with the plaintiff, I advised him to have the settlement discussion with the management of the plaintiff directly and fairly convey his difficulty and work out a structure for making reasonable payments over a period of time which included a large chunk of interest accrued. During the hearing the Judge appreciated the genuine effort being made by us and understood the financial distress caused during Covid period and prevailed upon the plaintiff to accept a reasonable payment structure. It ultimately saved our client from going out of business.

      You’ve been heavily involved in advising on labour and HR compliance, as well as issues related to Sexual Harassment at Workplace (POSH Act). What are some common challenges you encounter in this area, and how do you address them?

      Most common challenge we face when it comes to HR related issues is that there is a lack of awareness about the enforceability of various clauses that are put in contracts or conditions in the HR manual being followed by the entity. Sometimes the policies put in place are outdated and not in sync with the current legal scenario. Another issue we see is non implementation of policies across the offices in different places of the same company. For example, some organisations have policy for Maternity benefits under the Act but their implementation varies depending on the location and economics involved. When it comes to POSH related issues, I feel that implementation of the law in its true spirit is missing. Sometimes even the top management is not sensitized enough to understand that   training sessions are not meant for female coworkers only but requires equal participation from male coworkers as well. I think the law itself requires to be redesigned to address some of the grey areas, the current issues and evolving work culture. But there is a serious need to at least have a system for enforcing the provision, as they exist, so that it is followed uniformly in every organisation / entity covered under it. 

      Your involvement as a certified Mediator and being empaneled with various legal bodies is impressive. How do you balance your role between advocacy and mediation, and what benefits do you see in offering both services to your clients?

      I am a certified mediator empanelled with the Delhi High Court Mediation and Conciliation centre called “Samadhan” as well as the Mediation cell with NCDRC. In my 6-7 years of experience in mediating a range of disputes, I have realised that settling disputes through mediation is much more fulfilling professionally as it helps the litigants with timely relief compared to endlessly litigating with greater costs and worsening relationships. As a mediator, I do not have to think about the interest of only one party as there is no side to choose and the ultimate goal is to help parties in reaching an amicable solution to the entire dispute. While at the same time the process helps me in honing the negotiation skills as well.

      I must confess that many of our colleagues believe that mediation is antithetical to a lawyers’ dispute resolution practice which is incorrect. In fact being a certified Mediator helps me in advising the client holistically. I always initiate a counselling session with the client to understand their underlying expectation of the outcome of either a negotiation or litigation with the opposite party and use mediation skills to help them understand their best-case scenario in case of failure to settle. The process helps the client to have a realistic assessment of his case and the actual time and costs involved. The ever growing importance of mediation was highlighted by the CJI Hon’ble DY Chandrachud at the National Conference on Mediation held last year, who called for a ‘Youth-based mediation’ and even J. Manmohan, the current acting Chief Justice of Delhi High Court remarked that mediation be made a part of curriculum for students as early as possible to ‘catch them young’.

      I find mediation to be very rewarding and I hope more lawyers consider taking up mediation as a prominent part of ADR practice. In fact at a recently concluded Arbitration event, Hon’ble J. Sanjiv Khanna, Judge, Supreme Court of India remarked that some mechanism needs to be evolved to merge mediation process with the Arbitration Act in order to have a quick, party-driven dispute resolution mechanism. 

      With nearly 17 years of practice, what changes have you observed in the legal landscape, especially concerning arbitration and dispute resolution, and how have you adapted to them?

      Arbitration proceedings in India were very different prior to the amendments introduced in 2015. Though the time consuming issues were addressed but still it was fraught with difficulties that made it challenging to obtain the arbitral award and far more challenging to execute it. Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient. However as recent decisions have shown, that many issues involved are still getting adjudicated and will take some more time to authoritatively address many complexities in interpretation of the clauses and unfettered powers of arbitrator which sometimes lead to situations where outcome in similar situations are not based on legal principle but on the understanding of particular arbitrator. I believe that greater push is rightly being made by the government towards institutional arbitration in the country to bring some sort of uniformity in the whole process. 

      When it comes to the dispute resolution system, I believe the greatest change brought in recent years is through complete digitisation of the court records especially in Delhi High Court and the availability of virtual hearings which has truly taken the justice delivery to every doorstep. As lawyers, efficiency and productivity of our practice has immensely grown due to the above changes and in almost all the Arbitrations I am involved in they are being conducted through virtual platforms. I believe that the continued promotion of digitisation of courts led by the Hon’ble Supreme Court and equally adopted vigorously by the Hon’ble High Court is commendable and deserves appreciation.

      As a member of various legal associations and advisory boards, how important do you think networking and community engagement are for legal professionals, and what advice would you give to those looking to establish similar connections?

      Aristotle is famously quoted for saying “Man is by nature a social animal” I believe he was thinking of lawyers when he said it!  But on a serious note, I think networking for lawyers is as important as any other skill and maybe some have used it exceptionally to be quite successful. Not only does a good network allow one to bounce off different ideas and broaden their own horizons but can also help by opening doors for more opportunities and growing as a professional especially when it comes to young lawyers. I think young lawyers who are not part of lawyer networking events should try to attend conferences and lectures as much as possible which can help them with finding an opportunity or connecting with the right mentor. Also take up the membership of at least a couple of associations even if they are not connected with any particular court.  Being a member of various bar associations especially at Delhi High Court has helped in connecting with colleagues over various sports activity or cultural programs and seminars which are organised regularly and in fact are equally supported by the bench also.

      Get in touch with Varun Nischal-

    • “The Legal system, with the myriad issues that it deals with, technology can definitely prove to be  increasingly significant in shaping the future of legal practice across various areas”- Vasundhara Shanker, Founder & Managing Partner, Verum Legal

      “The Legal system, with the myriad issues that it deals with, technology can definitely prove to be  increasingly significant in shaping the future of legal practice across various areas”- Vasundhara Shanker, Founder & Managing Partner, Verum Legal

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

      Can you tell us about your journey into the field of law, from your early experiences to your current role as the Founder and Managing Partner of Verum Legal?

      My journey into the field of law has been one of personal growth, with a vision to create a lasting impact. It all began with my fascination for justice and the legal system, sparked during my childhood but my formal journey into law started with my undergraduate studies at SLS, Pune. SLS Pune gave me plenty of opportunities and space to grow into a professional, exactly the way I liked, with the right guidance and support, through it all. I, like all other driven law students, did over 12 internships in 5 years – at law firms, with practicing lawyers, NGOs, et al! 

      After my law school and upon passing the bar exam, I began my career as an associate at an IP firm, believing IP to be my “calling”. While I gained valuable experience at this firm, I had a persistent desire to delve into criminology and criminal laws. This is when I met a stellar female criminal-law advocate – whom I consider a mentor, even today! 

      However, my entrepreneurial spirit and desire for autonomy led me to establish my own firm, Verum Legal. The vision behind Verum Legal was to create a client-centered practice dedicated to providing personalized legal solutions to upcoming technology-focussed clients – both in the Web2 & Web3 space. As the Founder and Managing Partner, I oversee all aspects of the firm’s operations. From developing client relationships to leading a team of talented attorneys, every day presents new challenges and opportunities.

      My journey into the field of law so far, has been a rewarding one, filled with growth, learning, and a deep sense of purpose. 

      With your extensive experience in both litigation and corporate matters, how do you integrate these two areas to provide practical solutions to your clients?

      I honestly believe that, for a lawyer, integrating different skills and experiences is the key aspect of providing comprehensive legal solutions to clients. Choosing on an expertise too soon in one’s career, without exploring opportunities may be detrimental to one’s overall growth. 

      To become an effective lawyer, the first step is to thoroughly understand the client’s needs and goals and then tailor strategies accordingly. For this, lack of understanding of what is important for a client or how legal solutions today can impact them in the future, can be precarious.

      With changing times, a lawyer is also expected to dexterously implement preventive measures to avoid legal disputes, as these disputes can prove to be expensive and tedious for the client.

      A lawyer must also understand that despite preventive measures, disputes may still occur and a lawyer with experience in both litigation and corporate matters can prepare clients for potential litigation scenarios effectively. 

      You’ve worked with several renowned law firms and also in the legal-tech space. How has this diverse experience influenced your approach to legal practice?

      I’ve in fact worked with law firms, chamber lawyers and a legal-tech company before I started Verum Legal. I believe that my experiences have provided me with a unique perspective that greatly influences my approach to legal practice. 

      While my other experiences helped me enhance my legal knowledge, my stint with the legal tech company helped me understand businesses better, helping me provide a more client-centric approach than a traditional legal practice. My experience has been instrumental in providing me with a multi-dimensional approach with better technology exposure, evolved understanding of the market and focussing on client delivery. 

      As someone deeply involved in advising startups and SMEs on legal and business structuring, what unique challenges do you often encounter in this space?

      As an advisor and service provider, I think the most pressing challenge encountered in this space is the obvious one – Startups and SMEs often operate on tight budgets and may not have the financial capacity or inclination to engage legal services. Since seeking legal services also requires the main stakeholders time and efforts, they tend to overlook it, till they are faced with a legal hassle. We pride ourselves on being “startup-friendly” and work on very tight budgets, timelines and innovative perspectives that help new businesses multifolds. We aim to be strategic partners who can provide practical and tailored solutions to address these unique challenges.

      Your interest in Legal-Technology is evident from your experience at MyAdvo. How do you see technology shaping the future of legal practice, particularly in areas like arbitration, dispute resolution, and intellectual property rights?

      Absolutely, in fact, I consider myself to be a flagbearer of technology, especially in the legal domain. The Legal system, with the myriad issues that it deals with, technology can definitely prove to be  increasingly significant in shaping the future of legal practice across various areas. There are sundry applications of technology in the legal space, and it is ever-evolving too. To list a few, I can think of how Online arbitration platforms can allow parties to engage in proceedings remotely and offer secure communication channels, document sharing, and virtual hearings, reducing the need for physical presence and streamlining the arbitration process, while also creating real-time record of the entire process for accountability and precedential value. In fact, Smart contracts, powered by blockchain technology, have immense potential to automate aspects of arbitration and other forms of dispute resolution as well. If executed well, self-executing contracts can automatically enforce agreed-upon terms and trigger arbitration clauses when disputes arise. 

      In Dispute Resolution, I believe Artificial intelligence can be used to predict case outcomes, assess the likelihood of settlement, and recommend optimal strategies for dispute resolution by analyzing historical case data and legal precedents to provide valuable insights to all parties involved.

      For Intellectual Property, AI-driven search tools can quickly scan vast databases to identify prior art, potential infringements, and registration opportunities. In fact, Blockchain technology offers a secure and immutable way to record and protect intellectual property rights. AI tools can monitor IP assets, track deadlines for renewals and filings, and provide insights for strategic IP decision-making.

      From your background in handling white-collar crime issues to your expertise in intellectual property rights and data privacy, you’ve covered a wide range of legal domains. What motivates you to continuously expand your expertise across different areas?

      I guess I am what they call a “Jack of all trades”. I’ve always been enthusiastic about learning, and doing only work that really interests me. There were times when we picked up assignments that we had, perhaps, never worked on before and learnt most about these assignments, on the job! I would say I’m also blessed to have extremely kind and helpful seniors and colleagues around me who have always lent a helping hand. 

      I love this about being a lawyer – the world is really your oyster. There are so many options that one can explore – depending on their inclinations, interests, skills – and keep evolving with experience. You never have a dull day, as a lawyer. I think all lawyers ought to be driven by a desire to grow their skill set and advance in their careers. By expanding expertise into new areas, they can broaden their practice, take on diverse cases, and develop a well-rounded understanding of various legal domains. This not only enhances their value to clients but also opens up new opportunities for professional advancement.

      Can you share some insights into your role as a Co-Founder of JannAwaaz and how it complements your work at Verum Legal?

      JannAwaaz is a project that has always been very close to my heart. JannAwaaz is a social enterprise dedicated to providing legal education, awareness, and assistance to underserved populations, particularly in rural areas. As a Co-Founder of JannAwaaz, my role revolves around leveraging technology to bridge the gap between legal services and accessibility for citizens of India. It’s a platform meant to help Indians raise their voice against all wrongs, violations, breaches and find their rights, using their voice.

      Finally, based on your journey and experiences, what advice would you offer to fresh graduates aspiring to pursue a career in law, particularly in corporate and investment transactions?

      The only advice I’d give to any aspiring lawyer – don’t decide on your “specialisation” too soon. Experience everything. Technology and the Internet have really changed the game for all young professionals today. You have so much information, available at your fingertips. An individual’s career spans over 40-50 years of their lives, spending around a decade to decide what really interests them, before committing to it, is a fair and required investment! That, and the fact that the legal world has more options and opportunities of careers today than perhaps any other profession does – it is only fair that all of us make the very best of it. 

      Get in touch with Vasundhara Shanker-

    • “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

      “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

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

      Could you share a bit about your journey into the legal profession, particularly what led you to specialize in Banking & Finance and General Corporate law?

      My career path is a tapestry of diverse experiences, woven together by a passion and zeal for continuous learning and a relevant drive to understand the intricate legal landscape and providing strategic solutions to complex legal challenges. 

      My Journey of becoming a corporate lawyer has been very dynamic and full of exciting professional challenges. To sum up these extremely rich and eventful years (approx. 16 years) in a few sentences/para is surely an impossible task, however when I look back, the journey has been very rewarding and no experiences, challenges and detours have gone in vain. I have handled an enormous variety of matters and legal issues pertaining to Banking & Finance, General Corporate, Real Estate and Foreign Exchange Laws.  I also have experience in handling cross border deals encompassing Singapore and English laws. 

      My legal profession began when I secured placement from my college in India’s top private bank in 2008 and as an in-house counsel gained first-hand experience with the intricacies of financial laws, regulations and varied nature of transactions including project finance, corporate lending, syndications, consortium lending, etc. Working as an in-house counsel initially in a highly reputed private bank provided me with valuable insights into the legal challenges faced by financial institutions and complex documentations. This experience sparked my interest in specializing in Banking & Finance law, as I saw the opportunity to deepen my understanding of regulatory frameworks and provide strategic legal advice to financial entities. Within 4 years of my career, I was exposed to International banking and handled work related to English Laws, Singapore Laws, DIFC laws and worked on varied complex matters pertaining to these geographies along with all tier-1 international/domestic law firms and understood the nuances of International transactions which sparked my further interest in Banking and finance.

      Moreover, my role exposed me to various corporate matters, from contract negotiations to compliance issues, structuring the deals (including cross-border) and handling the clients on a day to day basis, which piqued my interest in General Corporate laws. My early days taught me to be disciplined, versatile, multi-tasking and detail oriented. 

      “You might find it funny but my friends used to call me ‘justice’ during my early days which some of them still continue to do and I was being labelled as ‘Hawk Eye’ because of my eye to minute details”. 

      What is your approach or philosophy to winning or representing a client and how do you balance the strategic needs of your clients?

      My approach inculcates ethics that best suit clients’ needs and works towards the satisfaction of clients. I have earned a reputation for the simple philosophy of “personal and prompt service and advice relevant to modern practical requirements of business”. My out of box thinking about a particular issue and providing a solution which is in the best interest of the client is what sets me apart. I take extra care to ensure that my client feels assured, focused and on track throughout the tenure of our arrangement.

      On various occasions, pointed out to me by my clients, my ability to deeply empathize with them, being able to put myself squarely in their shoes, and suggest a course of action that is in their genuine best interests even if it means it might not be so much in my own, has

      been the reason for winning the confidence of my clients. 

      One needs to understand that while negotiating you should only speak when it is required, be articulative, put in a fair offer and add value. While negotiating contracts my approach is to have a detailed eye on the minutest thing and find a balance. I don’t believe in taking extreme approaches and keep my calm and patience even if the discussion is going otherwise . No doubt for doing a proper negotiation you need to be prepared, have subject knowledge and confidence. I make sure that I have read the agreement and related laws before my negotiations and have thought about the best and worst outcome. 

      Balancing the strategic needs of clients with legal requirements in corporate advisory involves careful analysis and communication. I prioritize understanding the client’s goals and objectives, then develop strategies that align with both their business objectives and legal compliance. This often entails conducting thorough legal research, risk assessment, and collaborating closely with the client to ensure transparency and informed decision-making throughout the process. Effective communication and proactive management of expectations are key to maintaining this balance while navigating complex legal landscapes.

      I float ideas and suggestions and have my back up ready in case the initial recommendation/suggestion fails. Also I synchronised my thoughts and executed in such a manner that the other side get convinced with my arguments and advances. I give patient hearing to the points made by the other side and then ask them questions as to ‘why’ and ‘how’ the same is relevant to a particular issue. The idea/approach is to close the deal and find out the solutions so that the business is not affected and also legal requirements are met. There have been various instances where I have been part of major negotiations with bigger law firms/companies of the country, and I have been able to get the deal done in favour of my client with my negotiation skills and understanding of laws.

      With your extensive experience in both Indian and English law, could you highlight some of the key differences you’ve encountered when handling cross-border deals?

      Though Indian laws are based on common law principles, there are lots of differences between the two. The distinctions between Indian and foreign laws (including English Laws) encompasses various aspects, including the way commercial contracts are drafted, legal frameworks and jurisdictional principles, contract formation requirements, dispute resolution mechanisms, regulatory environments, and taxation considerations. 

      In most of the foreign geographies including England, there is no concept of stamping the contracts (except the debenture for mortgage of immovable assets), unlike India. There is no requirement of signing each and every page and only the last page is signed and executed as the burden of proof lies on the person denying the execution.  Anything above 2 (two) % of default interest is treated as damages, which can only be awarded by the courts, treatment of fixed and floating charges by the authorities under insolvency process. The loan agreement in foreign geography is based on standard Loan Market Association (‘LMA’) format in UK/European Countries and Asia Pacific Loan Market Association (“APLMA”) format which is a guiding factor and works as model loan agreements for use in various transactions and jurisdictions. Additionally, the compliance requirements, licensing procedures, and reporting obligations are slightly cumbersome in India unlike foreign countries which impacts the structuring and execution of cross-border transactions.

      Further, in Singapore, providing upward/cross guarantees are not easy unless some commercial consideration and corporate benefit is involved between the subsidiary (guarantor) and holding company. There is no requirement of board resolution in Singapore and the extract of ACRA is sufficient proof to evidence the persons authorised on behalf of the Company to execute the documents. 

      Your accolades speak volumes about your contributions to the legal industry. What do you attribute your success to, and how do you stay ahead in such a dynamic field?

      A lawyer’s work is perpetually exciting and stimulating. Please refer to the answer given in Question no.2 above, which is required to win your client and stay ahead in this dynamic field.

      Further, I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft. In such a dynamic field of law, staying ahead requires staying updated on legal developments, networking with peers, and being proactive in seeking out new opportunities for growth and innovation. Additionally, maintaining a strong work ethic and a passion for the law has been essential in staying ahead in this competitive environment.

      What sets me apart is my ability to understand clients’ wants, empathise with them, and ensure desired results in a time bound manner. Professionalism and courtesy towards my clients are my distinctive traits. One of my notable attributes is attention to detail and to leave no margin for errors. Reading large amounts of research, absorbing facts and figures, analysing material, and distilling it into something manageable is my key feature. In order to ensure that my clients feel assured and satisfied, I pass a legal problem through multiple screens and filters and subject it to multiple revisions to ensure a favourable outcome. 

      Further you need to be innovative in approaching clients nowadays as they have multiple options to get the desired result and to break the ice in this competitive environment one needs to be equipped with the target sectors. One of the innovative ways to get client’s attention is to keep updating your practice areas, your portfolio and your recent achievements on your website and periodically sharing information on various social media platforms and across various legal networking websites so that clients have easy access to them. Our team does extensive research on various RBI & SEBI Notifications/Circulars, Important Judgments and creates “Articles/Newsletters” and sends them to my clients so that they are informed about the latest changes in law. We are trying to focus more on making ourselves available and accessible digitally. Additionally, I also stay updated by reading newsletters/articles by other law firms and publications by legal databases/journals.

      Given your expertise in areas like Fintech Laws and Digital Lending, could you shed light on some emerging trends or challenges you foresee in these sectors?

      Certainly, In the rapidly evolving landscape of Fintech laws and digital lending, there are several emerging trends and challenges to consider:

      1. Regulatory Compliance: As Fintech innovations continue to disrupt traditional financial services, regulators are working to keep pace with new technologies while ensuring consumer protection and financial stability. Compliance with evolving regulations such as sandbox regulations, AIF regulations, Digital lending Guidelines, Digital Personal Data Protection Act, 2023, GDPR, and AML/KYC requirements, etc. remains a significant challenge.
      2. Data Privacy and Security: With the increasing digitization of financial services, the protection of sensitive consumer data/personal data becomes paramount. Fintech firms must navigate complex data privacy laws and implement robust security measures to safeguard against cyber threats and data breaches and would need to strictly adhere to DPDPA, 2023, otherwise there may be huge penalties.
      3. Digital Identity Verification: As digital lending platforms gain popularity, the need for reliable methods of identity verification becomes critical. Fintech companies are/should explore innovative solutions such as biometric authentication and blockchain-based identity verification to streamline the lending process while mitigating fraud risks.
      4. Default Loss Guarantee (‘DLG’): With RBI coming with an overall cap of 5% on DLG structure to the LSP under Default Loss Guarantee Guidelines and all-in-cost mechanism, the Fintech’s/FIs are finding it difficult to the do the business and time and again clarity has been posed to RBI.

      Navigating these emerging trends and challenges will require collaboration between Fintech firms, regulators, and other stakeholders to foster innovation while maintaining trust and stability in the financial system.

      Handling diverse finance deals, from ship financing to asset-backed finance, must present unique challenges. Can you share a particularly memorable or challenging deal you’ve worked on and how you navigated it?

      It’s very hard to think of a memorable or challenging deal as there are quite a few and I encounter the same ‘now and then’ and I have always believed in taking up challenges and don’t like doing work where there are no challenges. The recent being the resolution of Reliance Commercial Finance and Reliance Home Finance Limited, where the matter went up to Supreme Court where the issue encompassed SEBI circular, RBI framework on stressed assets, debenture holder rights, etc. 

      Though each case presents unique complexities, but with my ‘out of box thinking’, greater and clear understanding of the issue and by staying adaptable and keeping abreast of legal developments, I am able to overcome these challenges. I think from 360 degree on any problem and filter my thought process. My approach inculcates ethics that is best suited for clients, and I ensure to put their interests over and above everything. I act with reasonable diligence and promptness in representing a client and patience and never-giving attitude is the key. 

      In your experience, what are some common misconceptions/expectations that corporate clients have, and how do you address them?

      Some common misconceptions clients have:

      1. Cost: As there are a variety of corporate clients ranging from start up to mid-size and mid-size to big one, clients sometimes think that hiring a corporate lawyer will be too expensive. But we have modelled various categories of fee structures which are tailor made depending upon the complexity of matter and size of the corporation we are dealing with. For mid-size companies, we also offer a flexible retainership monthly model and navigate their day to day issues at a reasonable cost.
      2. Complexity: Clients sometimes believe that corporate law is overly complex and difficult to understand. We simplify legal concepts, providing clear explanations, and guiding them through the process step by step.
      3. One-size-fits-all solutions: Clients might assume that corporate legal solutions are standard and apply universally. We provide tailored legal advice to the specific needs and circumstances of each client’s business and tell them how a particular agreement cannot be used for some other deal.
      4. Timeframe: Clients may expect quick fixes or immediate results, underestimating the time required for structuring a complex contract or legal processes involved in achieving a desired result. We normally manage the expectations and provide realistic timelines so as to give quality services. In case of any urgent matter, we make sure that clients meet their deadlines even if we have to work extra hours.
      5. Importance: Some clients may not fully appreciate the critical role that corporate lawyer plays in protecting their business interests but in our discussions we have highlighted the potential risks of non-compliance and the benefits of proactive legal strategies.

      By addressing these misconceptions through clear communication, education, and personalized attention, corporate lawyers can help clients better understand the value and importance of their services.

      With your wealth of experience, what advice would you give to young lawyers aspiring to specialize in Banking & Finance and General Corporate law?

      Banking & finance is a wide spectrum. Being a banking lawyer gives you exposure to a wide variety of laws and clients. It encompasses lending, fintech lending, real estate, project finance, NCDs, Securitisation, syndications, issuance of equity, fund creation, etc. Not only as a banking lawyer but being a corporate lawyer requires resolute, unwavering, and fierce commitment to underlying principles of understanding and applying the laws. Needless to say, smart work coupled with hard work is the ultimate combination. 

      Some of my advice to young lawyers aspiring to specialize in Banking & Finance law or otherwise in any area of law would be:

      1. Passion and Zeal: First and foremost unless you are passionate and have the zeal to achieve, you cannot achieve the desired result. One needs to be mad for this profession and there is nothing called work-life balance, if you want to be successful in this profession. You need to make law your life and your life should be dedicated to law.
      2. Dream Big: Unless you dream, your dreams will never turn into reality and if you have to dream then why to dream small.
      3. Observe and Focus: Students must be very focussed during internships and should learn as much as they can and should not be in a hurry to leave early. Apart from learning legal knowledge, in my view internship is all about understanding the traits of becoming a lawyer. One should observe his/her seniors and learn the trick of the trade.
      4. USP/Impact: Create your own USP and be different from others. Make your presence felt. Please remember that it does not matter what you do, but it matters what impact and impression you create, when you leave the place.
      5. Delivery: Deliver more than what is expected.
      6. Responsible: Be responsible for your work and take onus for any mistakes. Committing a mistake is not an issue, but repeating the same and not admitting your mistake is a big problem amongst the current generation. Don’t give justification for your mistakes. Just admit it and move on. 
      7. In-depth Knowledge and Continuous Learning: Focus on building a solid understanding of  laws, including corporate law and financial principles. Read the books and bare acts instead of google research. Google is for reference and not the source of your opinion. Stay curious and open to learning. The legal landscape is always evolving, so ongoing education and professional development are critical for long-term success.
      8. Stay Updated: Keep abreast of industry trends, regulations, and market developments. The banking and finance sector is constantly evolving, so staying informed is key.
      9. Develop Analytical Skills: Hone your analytical skills to assess complex financial transactions and corporate structures. Attention to detail is paramount in these areas of law.
      10. Inter-personal skill: Build relationships with professionals in the field, including clients, mentors, and peers. Networking can open doors to opportunities and provide valuable insights. Develop strong communication skills, both written and verbal. Clear, synchronised thoughts and concise communication is key for a lawyer. One should be able to express what they think.
      11. Integrity and Professionalism: Lastly, uphold the highest ethical standards and act with integrity in all your dealings. Trust and credibility are invaluable assets in the legal profession.

      Get in touch with Sachiv Kumar-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Get in touch with Rohan Kumar-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Get in touch with Akhilesh Kumar-

        

    • “Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios”- Ankur Deka Rabha, Founder & Managing Partner ~ Λrgħyä Legal

      “Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios”- Ankur Deka Rabha, Founder & Managing Partner ~ Λrgħyä Legal

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

      Can you share with us your journey of becoming a lawyer, starting from your graduation at NLSIU, Bangalore, to your current role as Managing Partner at Λrgħyä Legal?

      My journey as a lawyer began when I joined the prestigious National Law School of India University (NLS), Bangalore in the year 1997. Law school gave me a whole new perspective on life, purpose and law in general. The initial years until graduation was a period of great learning and appreciating the law, legal research and developing an analytical mindset. After graduation, I worked under a few senior counsels as a litigating lawyer in New Delhi being fortunate enough to be practising in various courts like DRT, Tis Hazari, Patiala House, High Court and Supreme Court. This is the phase in my life where I learnt the importance of PERSEVERANCE & RESILIENCE. When your salary is meagre  (compared to what your peers earn in a company or law firm) and you need to survive on that, it requires a lot of PERSEVERANCE & RESILIENCE to not give up on your dream. 

      I transitioned from a litigation lawyer to an associate in a law firm in the year 2006 when I shifted from New Delhi to Bangalore to work with a law firm dealing mostly with foreign clientele wanting to set up business in India. I was fortunate to be a part of the team managing contracts drafting and negotiations, M&A for some well known corporate clients.  This experience along with my previous experience as a litigation lawyer helped me to get into Bosch as an inhouse counsel and thus transition myself from a lawyer to a business lawyer. During this phase, I was fortunate to have both local and international exposure on various aspects of business and law in general. This phase was also about understanding and appreciating the importance of forging collaborations, understanding business, numbers, managing stakeholder expectations, managing teams, having the foresight for incoming risks and proactively taking steps to minimise risks.

      Finally the culmination of all that I had learned and experienced over the years helped me in pursuing this new phase in my professional career i.e. the setting up of Λrgħyä Legal  The firm was set up with the aim of providing affordable and high quality services to select clients. Having been an in-house counsel most of my professional life I am able to understand the pain points/areas of concerns of corporations better and provide solutions which are practical and easy to implement from a business standpoint. Currently the firm’s focus is mostly on assisting in house counsels with the day to day issues, mergers and acquisitions, secretarial assistance and compliance training. 

      With your extensive experience in various industries like healthcare, e-commerce, and IT, what motivated you to pursue a career in law, particularly in corporate and regulatory aspects?

      Few factors that contributed to my decision to join NLS and pursue a career in law. The desire to move out of Guwahati to broaden my horizon in life in general and to join a professional course which was equally relevant as that of medical and engineering courses.  I was very fortunate to be a part of this prestigious  institution.  NLS helped bring in a lot of maturity and clarity in my thoughts so once I graduated I had a clear roadmap in mind. Although someday I wanted to be an inhouse counsel, I first wanted to understand law and its nuances and see how it’s actually dealt with by courts, then law firms and finally settling down as an inhouse counsel. These experiences help me immensely while dealing with complex and critical situations which require strategic thinking. 

      Coming to the question of why I focus particularly in the area of corporate and regulatory aspect. Well I would say although these two aspects are very important, it would not be the only ones that I would need to look at if I am an in house counsel in a leadership position. One has to remember that the role of an inhouse legal counsel is about being a generalist in law, being foresighted, proactive, collaborative, approachable and generally having an idea about every aspect of law which applies to the organisation. You are the first line of defence and your internal stakeholders will look to you for answers and solutions. So I would say I am a generalist whose job is to maintain a fine balance between compliance of law while facilitating smooth business transactions. I have been really fortunate to be a part of multinational organisations which exposed me to a whole gamut of issues on various aspects of law which were really complex and some of them even path breaking, both nationally and internationally. Such experience has enabled me handle complex issues with poise and maturity. 

      You’ve held significant positions in both multinational corporations like Bosch and Essilor, as well as in consulting roles. How have these diverse experiences shaped your approach to legal counsel and leadership?

      Experience does matter and as a lawyer, I have been really fortunate to have worked with great senior counsels, being part of great teams at various law firms and finally exposed to a whole gamut of critical issues in a corporate world mostly in the IT and manufacturing side ranging from labour issues, product issues, litigation, M&A, compliance etc. After more than two decades of being in the profession, each stage of my career has taught me something new which I would not have been privy to or learnt had I continued in just one field and not delved into others. I can safely  say I have seen it all but of course with the humility to state that the learning never stops and I still think of myself as a student who has the courage and conviction to unlearn and learn if required.

      These past experiences of what it takes to drive business has an effect on how I counsel my clients today.  I look at the business and then apply law to see to what extent I can stretch my risks. Years of experience helps in a way to already visualise consequences. Hence, every suggestion or an opinion given to clients is based on their business need and practicality within the ambit of the permissible laws.  One size may not fit everyone so one has to be agile, quick and flexible to innovate. For example, I will never advise anyone to go in for litigation as a first step in a dispute situation. It should be the last resort and one needs to understand that the cost of litigation could dent a company’s bottom line.  During my stint as a General Counsel I have facilitated many negotiations and saved huge litigation costs to the companies I was associated with. 

      As someone who’s been recognized for achievements such as “General Counsel of the Year – Healthcare,” what are some of the key challenges you’ve faced as a first-generation lawyer, and how did you overcome them?

      Challenge is a perception and quite subjective. I always saw opportunities in everything that came my way and grabbed them to make a mark. There is also no alternative to hard work. Challenges are always present in life and we have to figure out a way to navigate through these challenges. Everyday something new happens which we may not comprehend nor anticipate and that is what keeps us going. Life without it will be very boring.


      I was never really dependent only on people teaching and guiding me to learn new things. Of course its importance can never be negated. However, I realised early in life to learn from experiences around me by myself as well. Time is always of the essence and sometimes you miss the bus. During one farewell, the managing director of the company asked me what I would have done differently or changed if I had the opportunity to go back in time. I replied saying none. They were valuable experiences and if I had not encountered them then I would have never learnt. Learning is not only about law, at a leadership level it is about how much you understand the business of your organisation, it is about managing people, managing expectations of your stakeholders, maintaining a fine balance between compliance and business, learning leadership skills etc. This attitude helped me rise the corporate ladder faster and become the general counsel of a listed company at a very early age where I also had to lead cross functional peers who were double my age and experience. 

      In your roles at Flipkart and Walmart, you managed legal aspects of B2B wholesale business. Could you elaborate on the complexities and nuances you encountered in navigating regulatory landscapes in the e-commerce sector?

      I will answer this question in a more generic manner rather than answering specifically with regard to my stint at Flipkart as it applies in general with every organisation in the B2B e-commerce sector. Although regulated, it is not as stringent as the B2C ecommerce sector. Nonetheless, one cannot deny the fact that compliance of the applicable regulations is very important and in order to ensure compliance we need to understand the current gaps and that is only possible through regular interactions with internal stakeholders to understand how the business is being driven. Only once you understand what is currently in place can you strategize on whether any alignment or realignment has to be undertaken. Further, there are also changes in certain areas of law or process which are constant in the B2B sector. Most of the time you will see clarifications and circulars issued by the government under FSSAI, ISI or Legal Metrology or CDSCO on a regular basis.  Sometimes interpretation of such changes becomes an issue as they could be interpreted in more than one way and this is where we need to step in to reach out to the right authorities and conclude on the correct interpretation. Likewise we also need to reach out to relevant authorities and advocate for change whenever we find new changes in law detrimental to our business interest. In general I would say in today’s fast paced business and cut-throat competition, agility and quick decision making is critical to the success of a business. Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios. 

      You’ve been involved in various legal domains such as M&A, compliance, and litigation management. How do you stay updated on legal developments, and how do you integrate these insights into your strategic advice for businesses?

      Overall there are a few things which we need to keep in mind as in inhouse counsel. Firstly understanding the law enables me to visualise consequences and such awareness enables me to guide internal clients in the right direction. Hence, having a proactive mindset to look out for new changes in law and how it is going to affect your organisation’s business and ensure mitigation measures well in advance by working with business colleagues to ensure smooth transition is key. I strive to continuously read and research  on relevant and complex legislations/ provisions of law to ensure that I get the required clarity of its nuances from the perspective of courts/case law to not only properly guide and advice clients but also to be able to successfully provide alternatives during negotiations. Sometimes a simple oversight could cost a lot for your clients. Therefore, it is important to have an eye for detail and the patience to read every line and use one’s analytical skills to question whether what one is looking at really applies to the current situation or not. 

      What is the story behind starting Λrgħyä Legal and embarking on a new chapter in your life. Many would see this as a huge risk stepping out of the comfort of a stable job and a successful career.

      I always had a desire of exploring and stepping out of my comfort zone to try something of my own. After a lot of thought and deliberation with my family, my peers in the industry from whom I found acceptance in the concept of our firm, I finally decided that it is about time I pursued this passion. Having spent more than two decades as a lawyer and most of part of that career as an inhouse counsel with various multinational companies gave me great insights into the various nuances/complexities of managing an inhouse team, budget constraints, work pressure and impossible timelines.  It is very difficult most of the time for in-house counsels to manage/outsource work due to the high cost of legal services. I understand that very well being in that situation myself and feeling helpless. Hence, Λrgħyä Legal was born in the month of August, 2023 with the aim of addressing such issue and coming up with affordable services without compromising on quality. Λrgħyä Legal strives to foster partnership and lasting relationship with our clients rather than just mere commercial transaction.

      Λrgħyä in Sanskrit means “Sacred Offering”. Λrgħyä Legal was set up keeping in mind the four principles: (a) Availability; (b) Affordability; (c) Quality; (d) Integrity. We collaborate with in house counsels and work on various models which helps in (i) outsourcing at affordable rates (ii) continuity of work during headcount reduction or headcount freeze (iii) managing critical manpower and reducing headcount costs and (iv) enabling ample time  to the in house counsels to focus on critical issues and (v) assisting organisation to implement compliance trainings on various legal topics. Currently the firm’s focus is mostly on assisting in house counsels with the day to day issues, mergers and acquisitions, secretarial assistance and compliance training. 

      Lastly, given your wealth of experience, what advice would you offer to fresh law graduates aspiring to pursue a career similar to yours, particularly in corporate law and regulatory compliance?

      In general, all I can say is no matter what one does, they should do it with complete dedication. Patience, Perseverance and Resilience is key to any successful career. There are no shortcuts to success. Do not be in a hurry to move on to new things without mastering what you are currently doing. 

      Get in touch with Ankur Deka Rabha-