Super Lawyer

Tag: Law Firm

  • “IP law is not just limited to conventional ideas of trademarks and copyright”- Anooja Padhee, Senior Associate at K&S Partners, Intellectual Property Attorneys

    “IP law is not just limited to conventional ideas of trademarks and copyright”- Anooja Padhee, Senior Associate at K&S Partners, Intellectual Property Attorneys

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

    Can you share your journey into the field of law, particularly focusing on what drew you to specialize in intellectual property law?

    My interest in intellectual property developed in my third year when we were first taught ‘Trademark and Copyright law’. I found the subject to be interesting and relatable, as it dealt with brands and ideas that I would come across and use in my day to day life. Soon I found myself looking for the TM or ® symbol on top of brands on hoardings or while using products and wondering whether use of a song in a TV series or a similar tune or idea was copyright protected. 

    In law school, besides focussing on IP related projects for my curriculum, I also participated in an IP moot. 

    To explore this interest further and to understand what a career in IP could entail, I went on to do a few IP internships at Singh and Singh and K&S Partners. At both these places I worked on ongoing cases across various subject areas including trademarks, copyright and patents, which further helped me understand various legal concepts and their practical application. 

    With all this, early on, I realized that this was a subject that I enjoyed and found interesting and that I wanted to make a career in it.

    With over a decade of experience, you’ve likely encountered a diverse array of cases in trademarks, copyrights, and geographical indications. Could you tell us about a particularly challenging case you’ve handled and how you navigated it?

    My work primarily revolves around a diverse array of brands and their protection. It is difficult to talk about a single case as each case comes with its own unique set of facts and challenges, which require you to devise customized strategies that may not work in other scenarios. 

    Where it often gets tricky for international brand owners is when rogue Indian parties adopt, apply and use brands that are popular internationally but are not in use in India. India being a common law country, use of a brand precedes its registration with the trademark registration authorities. For example, brands such as Macy’s or Hulu or Skims, are not in commercial use in India but are known to a large portion of the Indian consumer base due to exposure to western movies, TV series and social media. Under Indian law, if an Indian party were to use and apply for such brands in India before the actual brand owners, they could potentially block or raise issues for the launch of the genuine brands in India in future. Such a scenario is problematic as companies invest thousands of dollars to launch a brand in India and stand to potentially get injuncted from using their own brands. 

    To navigate such issues, brand owners have to inter alia submit documentation to show that their brand was well known in India on the date of adoption by the Indian party. This is often difficult as the burden of proof is fairly high. Also not all companies maintain sales or publicity records going back several years. As a trademark lawyer, I have worked with several clients to assess their options in the face of risk of being sued, and helped find efficient, bespoke, and commercially viable solutions in such cases. 

    A niche subject area that I have had the opportunity to work on is that of geographical indications. There are not too many firms in India that have expertise in the field as the subject has various angles and legal intricacies that are still widely unexplored and for which there is no settled legal position. However, my mentors at K&S Partners have been extensively involved in the registration and protection of numerous Indian and foreign GIs, both at a legal and at a policy level. Due to this, I have had the rare opportunity to closely work with several such Indian and foreign GI right holders and stakeholders and advise on unique issues that have far reaching domestic and international consequences.

    As someone deeply involved in managing IP portfolios and brand strategies, what strategies have you found most effective in protecting your clients’ intellectual property rights, especially in such a competitive market?

    When devising an appropriate strategy for a client, few basics are key- such as the business they are in, how aggressively they wish to promote, how litigious they are and most importantly, what their existing rights are. As mentioned before, maintaining, and producing relevant documentation showing commercial use in India is imperative. Such documentation is vital to establish the rights of parties. 

    Secondly, when a new brand is being launched in the market, it may also be relevant to conduct a thorough check of the Trademarks Register and the market to ensure that there are no existing brands that are similar or identical. This simple pre-emptive measure helps clients identify risks in advance and prepare for a potential action. Similarly, we also advise clients on the strength of a brand from a protection and enforcement point of view. For instance, if one were to use ‘apple’ for a food item, it would be considered non-distinctive and/ or descriptive. However, ‘apple’ for electronics, is a distinctive brand. 

    Thirdly, it is important for clients to conduct market surveys and conduct other checks to identify copycats/ infringers and take appropriate action against them. If action is not taken and infringers are allowed to co-exist, it may eventually lead to dilution of the brand making it common to the trade. This is also equally applicable to geographical indications. In India, we come across numerous names that have been accorded GI status. However, post registration, there is little to no enforcement or quality control of the products bearing the GI tag. In due course, this will lead to the GI losing to have any commercial significance and it may end up becoming generic. 

    Your work spans across various industries, from FMCG to pharmaceuticals. How do you adapt your legal strategies to suit the unique needs and challenges of each industry?

    An understanding of the industry in question is important while devising a legal strategy. Depending on the industry and the needs of the client, we look at how long a particular brand will be in use in the market and what is the level of investment that the client is making for it. This gives an idea of the kind of risk the client may be willing to assume. Some clients are very keen on adopting a specific brand and are willing to take the risk that may come with its launch and use. On the contrary, sometimes they give us multiple options and seek an assessment of which would be the most risk free. It depends on how risk averse or aggressive the client is.

    When it comes to industry, FMCG and F&B clients usually launch sub-brands for a short period of time that may be for a promotional event during the festive season. In such cases, separate assessments for use and registration of a brand may be given, also keeping in mind the brand placement and packaging. Automobile or clothing companies, on the other hand, usually have one main brand and their primary intent is to enforce their rights in the brand and protect it. While they may adopt a few ancillary brands sometimes, these instances are comparatively fewer. For pharma brands, clients mostly derive extensions from the name of the main salt in the product, which may be difficult to protect in some cases. This is because no monopoly can be claimed in the name of the salt.

    Given the constantly evolving nature of intellectual property law, how do you stay updated with the latest developments and trends in the field?

    From a registration point of view, I keep myself updated with the practices of the Trademarks Office to understand the objections being raised by them and the timelines being followed by them. The kind of stands being taken in hearings and the orders being passed are kept in mind. One also needs to keep track of the notifications and public notices that are issued by them. 

    From a strategy point of view, I go through the articles published on SpicyIP, like almost every IP lawyer! When I find an article particularly interesting or believe that it may be applicable to our day to day working, I go through the case law to properly understand the reasoning being adopted by the Courts. I have recently started writing about such cases, which requires a further deep dive into the legal proposition. Such research is also done while providing opinions to clients to ensure that the advice being given is up to date and accurate. 

    Lastly, our team members try to meet on a weekly basis to discuss the relevant cases of a particular week and to bounce off ideas and consider their applicability in our matters. 

    Managing projects with tight deadlines and high volumes requires a great deal of efficiency. Can you share some insights into your approach to multitasking and maintaining quality in deliverables under pressure?

    First and foremost, as IP work is deadline centric, maintaining deadlines is crucial. In the office, we have an ERP system which sends a reminder a few days before and on the day a matter is due. In addition to that, I also maintain deadlines and reminders on Outlook, for matters which I or any of my associates are delivering. This not only ensures that no matter is missed out, but also helps me make sure that incoming and outgoing matters are attended to timely.

    It also helps to maintain a priority-based to-do list. The most time sensitive and urgent matters get first preference and so on and so forth. Also being in a managerial and supervisory capacity, I rely on associates and support staff to make sure that matters are smoothly and timely attended to. Efficient allocation of resources, by identifying the strengths of each team member, assessing the complexity and urgency of the matter at hand, is key. It is imperative to have open communication channels with the team so that a collaborative approach may be taken, without micromanagement. Setting realistic deadlines after discussion with the team and being clear with the client regarding their expectations and requirements goes a long way. For complex matters, I usually first discuss the strategy with the team, and then review the final advice/ draft being sent to the client, to ensure that all relevant points have been covered. For other matters, a review may not be needed after a discussion, unless of course a team member wants their draft to be looked at by a second set of eyes. I also discuss legal propositions and opinions with my peers and mentors to get their ideas and to provide a well rounded opinion which considers all possible angles.

    Most importantly, one needs to take ownership and responsibility of their work and strive to put in their best efforts to get the best work product. 

    Finally, what advice would you offer to law graduates aspiring to specialize in intellectual property law, based on your extensive experience in the field?

    First and foremost, read! The more you read, the better your understanding will be. IP law is not just limited to conventional ideas of trademarks and copyright. Given the prevalence of social media and extensive amounts of content being circulated, there are various interesting and unique propositions that come up that have not been explored in the past. The challenges of IP in the metaverse is one such example. Because of the Make in India campaign of the government, we are seeing a huge surge in IP protection, including in related fields such as data protection and media law.

    Another suggestion would be to intern with a few IP law firms or with IP teams of full-service law firms. There is a vast difference between theoretically learning the law in law school and applying it in cases in practice. An internship is the best way for law students to get exposure to the practical aspects of IP law.

    Get in touch with Anooja Padhee-

  • “Even though fintechs are growing rapidly, it is becoming progressively harder and cumbersome for them to match pace with the regulations and compliances for their existing or new products”- Aman Yadav, Legal counsel, OLX Group

    “Even though fintechs are growing rapidly, it is becoming progressively harder and cumbersome for them to match pace with the regulations and compliances for their existing or new products”- Aman Yadav, Legal counsel, OLX Group

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

    Can you share your education journey into the legal field, particularly what motivated you to pursue law after completing your B.A. in Business Economics? 

    During my bachelors I decided to pursue masters in economics or psychology but when I saw the career trajectories of Delhi University law graduates I realized that a Delhi University law degree has tremendous potential and is quite cost-effective. I graduated from the Faculty of Law, Delhi University in 2009 and joined the firm where I interned as an associate. 

    Your profile showcases a diverse range of experiences, from working as a Partner in a law firm to holding leadership roles in major corporations. How did these experiences shape your approach to legal practice? 

    I spent my first 10 years in the general corporate practice of a boutique law firm where I worked on several aspects of law ranging from general corporate to litigation and arbitration, and this varied exposure trained me for a larger role. When I got the 10-year itch I decided to move in-house to experience the business side of law. My first in-house role was eye opening because I had to quickly learn how to juggle a higher work volume but with lesser intensity unlike my law firm days where it was about specific assignments but high quality delivery. My rigorous law firm background helped me extensively in increasing the quality of in-house legal work and deliveries. In-house legal practice is vastly different from law firm practice primarily because almost all legal advice and decision matrix has to be delivered to the internal stakeholders in a simplified version for enabling business decisions but without removing the legal essence. 

    Could you elaborate on your work with the Indian Cyber Crime Coordination Centre (I4C, MHA) ? How did this experience influence your perspective on cybersecurity and online fraud prevention? 

    Cyber frauds between users were quite high in one of our online business verticals and we collaborated with I4C (MHA) in building an online fraud prevention model for intermediaries like us and others. My major learning from this experience was how introducing customer education, multi-check KYC mechanism (during account creation especially) and dynamic algorithmic filters can drastically increase cybersecurity and reduce online frauds to supplement the in-house legal team’s efforts. 

    You’ve been involved in various aspects of fintech. How do fintechs navigate the regulatory complexities while ensuring innovation and growth ?

    Even though fintechs are growing rapidly, it is becoming progressively harder and cumbersome for them to match pace with the regulations and compliances for their existing or new products. Our government is very frequently issuing guidelines, notifications, circulars, and laws which make it difficult for fintechs to quickly design, grow, or tweak products and synchronize with the government’s objectives. I feel that in the near future compliance and regulatory aspects for fintechs will stabilize and the Indian government will have completed building a large part of its fintech regulatory ecosystem. Until then fintechs have to operate on a risk-compliance model to build the most compliant platforms and products which minimize customer, business, and public risk. 

    You’ve filed a DRHP in December 2023 with SEBI for Awfis Space. What are some of the key preparatory points pre-DRHP filing ? 

    Company secretarial documentation and information, promoter identification, consents, litigation disclosures and risk factors form the backbone of a DRHP filing, especially in a company where several investment rounds have occurred and there are pending regulatory litigations. At least 7–8 months prior to DRHP filing it is advisable to be audit ready, collate and complete all secretarial documentation and information, resolve or settle larger vendor payments, litigations, arbitration, and disputes, and avoid new business complexities which can have adverse regulatory or legal impact. 

    You were part of Prosus’ Olx India business sale to Cartrade Tech in August 2023 for USD 65 million. What was a unique aspect of the transaction which you had not anticipated ? 

    It was a really interesting transaction because we first had to merge the classifieds business with the autos business and then sell the combined entity to Cartrade Tech. I had not anticipated the employee related complexities we would face in moving about 400 employees from one Olx business entity to the other. It was a legal and human resources issue where we had to interact and take written consents from all such employees which extended our closing timelines a bit. 

    How is AI changing in-house legal teams in routine legal work ? Any advice for new lawyers on maximizing AI use benefits ? 

    In routine legal work, the positives I see are faster research work and basic drafting. It is easy to generate basic templates for notices, representations, and low-value agreements. The negatives are that new lawyers are not reading articles, books, and case laws and heavily rely and trust AI generated results. Till AI advances to near perfect levels and becomes a default use case, a new lawyer should be able to draft simple documents by writing or typing to hone their legal skills and become comfortable with legalese.

    With your background in public policy, including your involvement in amending the Motor Vehicles Act in April 2023, what advice would you give to fresh law graduates aspiring to make an impact in shaping legislation and regulatory frameworks? 

    If public policy work interests a lawyer then it makes sense to practice for a few years especially in litigation to become comfortable with interpreting legislations and developing legal arguments and then work in the public policy department of a company or non-profit, or join a think tank. A masters degree in social sciences or public policy will add tremendous value and can unlock several opportunities.

    Get in touch with Aman Yadav-

  • “Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem”- Aasim Syed, Associate Director, Legal, Pepperfry

    “Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem”- Aasim Syed, Associate Director, Legal, Pepperfry

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

    Can you share with us your journey into the field of law, and what motivated you to pursue a career in corporate and investment transactions specifically?

    I am a first-generation lawyer. Despite my brother’s suggestion to follow his path in journalism, I was determined to carve out my own journey. Interestingly, my brother himself is a first-generation journalist.

    During my law studies, I diligently applied for internships at numerous prestigious law firms in the city. Unfortunately, responses were scarce, contrasting sharply with the experiences of friends who secured internships in known law firms and corporations. However, perseverance paid off, and I eventually secured internships in my final year.

    Following my tenure at Agama Law Associates, I moved to LexStart Partners, a Mumbai-based law firm specializing in providing tailored support to startups. Joining as the firm’s first associate, I had the privilege of working directly under the guidance of Anisha Patnaik, the founder. With a clientele predominantly composed of startups, my role encompassed a broad spectrum of responsibilities, including helping them with incorporating their companies, managing day-to-day operations, structuring their employee incentivisation plans and facilitating fundraising. I credit my time at LexStart and the mentorship provided by Anisha for laying the cornerstone of my career in corporate and investment transactions. 

    Then, I joined Economic Laws Practice (ELP), where I worked on more complicated and high value deals. At ELP and then at Stratage Law Partners (Stratage), I learned a lot from my Partner, Shyam Pandya. He showed me how to handle intricate transactions, meet tight deadlines, and build good relationships with everyone involved in the deal, making it easier to close deals smoothly. Shyam not only honed my legal acumen but also taught me the significance of effective collaboration and communication in facilitating seamless deal closures, marking pivotal milestones in my professional growth as a lawyer.

    Your experience spans across various prestigious law firms and companies. How have these different environments shaped your approach to legal practice, especially in the realm of venture capital and private equity?

    Having had the privilege of working in top ranked law firms such as Economic Laws Practice and then moving to fast growing firms like Stratage, alongside experience in leading companies like Pepperfry, I’ve been exposed to diverse environments that have significantly influenced my approach to legal practice, particularly within the realms of venture capital (VC) and private equity (PE).

    At ELP and Stratage, renowned for their expertise in corporate and commercial law, I honed my skills in structuring complex transactions, conducting due diligence, and navigating regulatory frameworks. This exposure instilled in me a meticulous approach to legal analysis and a deep understanding of the complexities involved in VC and PE deals.

    Transitioning to Pepperfry, India’s top marketplace for furniture and home furnishings, provided me with invaluable insights into the operational side of businesses seeking VC and PE funding. Working closely with internal stakeholders, including the business, finance and strategy teams, I gained firsthand experience in identifying growth opportunities, mitigating risks, and aligning legal strategies with broader business objectives.

    These varied experiences have equipped me with a holistic perspective on the VC and PE landscape, enabling me to offer strategic counsel. In essence, my journey through various prestigious law firms and companies has not only enhanced my technical expertise but also filled me with an understanding of the intricacies of venture capital and private equity, enabling me to deliver strategic, commercially astute legal counsel.

    Could you highlight some of the most memorable or challenging transactions you’ve been involved in throughout your career, and what lessons did you learn from them?

    One such deal I remember was representing the promoter of a large company. It was in mid-March, and everyone wanted to finish the deal before March 31. I worked till early morning hours at the client’s office with the partners I was working with. We would get drafts of agreements from the investor’s lawyer late at night, and we would quickly discuss and send back our changes within a few hours. It showed great teamwork, and we managed to close a high value deal in about two weeks. From this experience, I learned the importance of effective communication, quick decision-making, and teamwork in meeting tight deadlines and closing deals successfully in the fast-paced world of investment transactions.

    Another notable deal I worked on was a 100% acquisition deal where we represented all the existing investors who were exiting. It was quite complex because the business was structured through multiple group companies. Moreover, the parties involved were located in different time zones across the globe. From this deal, I learned the importance of thorough understanding of complex business structures, effective coordination across international time zones, and the significance of clear communication in navigating intricate investment transactions.

    As someone who has worked extensively with startups, what unique legal challenges do you often encounter in this space, and how do you address them?

    As someone deeply immersed in the startup ecosystem, some of the unique legal challenges I come across are:

    1. Not obtaining IP registration.

    I have also come across situations where the startup did not procure a trademark registration for their brand name and consequently the competitor applied for a similar trademark which was later granted registration. The startup lost its court battle to protect its brand name and was directed to pay damages to its competitor and also incur huge expenses in rebranding. I advise all founders to obtain registration of their brand name even if it is unique. This will provide you exclusivity over the brand name and also the right to object if someone tries to copy your brand name.

    1. Not having IP registration in the name of the startup.

    IPs such as trademarks and domain names are often registered in the name of the founders or in some cases in the names of the founder’s relatives. Investors want all the assets including the IP to be owned by the company which means that they should be registered in the name of the company and not in the name of any individual. Prior to a fund raise the investor would want the IP to be transferred in the name of the company but transferring the IP could take time, especially if it is a complex IP which can delay the fund raise.

    1. Not having a co founders’ agreement in place.

    First time founders do not realise the importance of a co-founders’ agreement between the startup’s founders. They feel that at the time of fund raising the investor will put in place a shareholders’ agreement then why unnecessarily invest time and money in a co-founders’ agreement. Until a startup has raised funds from an external investor, a co-founders’ agreement provides clarity and sets expectations among startup founders regarding ownership, responsibilities, and decision-making authority. It helps prevent disputes by outlining procedures for resolving conflicts and addressing key scenarios such as founder departures. 

    1. Ignorance of labour laws.

    Early stage startups often tend to ignore labour laws due to lack of knowledge which pose significant risks for startups, leading to legal liabilities, penalties, and reputational damage. For example, in India, failure to comply with provident fund and employee state insurance laws or employment termination laws can result in costly litigation and hefty fines. To overcome this challenge, startups should invest in educating themselves about relevant labour laws, seek guidance from legal experts or consultants specializing in employment law, and implement robust HR policies and procedures to ensure compliance. By prioritizing legal compliance and staying informed about labour regulations, startups can mitigate risks and create a positive work environment conducive to growth and success.

    In your current role as General Counsel at Pepperfry Limited, what are some of the key legal considerations you prioritize to ensure the company’s growth and compliance in a rapidly evolving market?

    As General Counsel at Pepperfry Limited, I prioritize several key legal considerations to ensure the company’s growth and compliance in a rapidly evolving market. Firstly, I focus on maintaining a robust regulatory compliance framework, staying abreast of changing laws and regulations relevant to our industry and geographic locations. Secondly, I prioritize intellectual property protection, safeguarding our brand, products, and innovations through registrations and objections. Thirdly, I emphasize contract management and negotiation, ensuring that our agreements with vendors, partners, and customers are fair, enforceable, and aligned with our business objectives. Lastly, I foster a culture of legal awareness through regular legal updates to key stakeholders. Whenever there is any amendment to an existing law or a new law is being introduced which is applicable to us, the legal team discusses the implications and the impact it would have on the business and steps to be taken to ensure compliance.

    Given your expertise in structuring employee benefit plans, how do you see the role of such plans evolving in the context of modern workplaces, especially within the startup ecosystem?

    Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem. In the past, they were primarily used as a way to attract top talent with the promise of potential future wealth. However, today, they play a more integral role in employee compensation packages, serving as a key tool for startups to incentivize and retain employees. These plans now offer more flexibility and transparency, allowing employees to understand their value and potential rewards better. Additionally, startups are increasingly using innovative equity-sharing structures to align employee interests with company growth and success, promoting a stronger sense of ownership and commitment among team members.

    Could you share some insights into the process of representing venture capital firms and private equity investors, particularly in terms of negotiation strategies and mitigating risks?

    Representing venture capital firms and private equity investors involves navigating intricate negotiation processes and mitigating associated risks which predominantly include:

    1. Understanding Objectives.

    It is essential to thoroughly understand the objectives and priorities of both the venture capital firm/private equity investor and the target company. This understanding lays the foundation for crafting negotiation strategies that align with the interests of all concerned parties.

    1. Negotiation Strategies.

    Negotiation strategies often involve striking a balance between maximizing returns for investors and ensuring the target company’s growth prospects are not compromised. This may involve negotiating terms such as valuation, governance rights, protective provisions, and exit mechanisms. Employing collaborative negotiation techniques while also advocating for your client’s interests can lead to mutually beneficial outcomes.

    1. Risk Mitigation. 

    Mitigating risks is paramount in venture capital and private equity transactions. Conducting thorough due diligence to identify and assess potential risks, including legal, financial, tax, technical and operational concerns, is crucial. Negotiating robust representations, warranties, and indemnification provisions can help allocate risks effectively between parties. Additionally, structuring the transaction in a manner that provides sufficient safeguards, such as milestone-based investments or earn-outs, can mitigate risks associated with uncertainty.

    1. Legal Documentation. 

    Crafting comprehensive legal documentation, including investment agreements, shareholder agreements, and governance documents, is vital for delineating rights, obligations, and responsibilities of all parties involved. Ensuring clarity and specificity in these documents can help prevent misunderstandings and disputes down the line.

    1. Relationship Management. 

    Building and maintaining positive relationships with all stakeholders throughout the negotiation process is key. Effective communication, transparency, and professionalism contribute to furthering trust and collaboration, which are essential for successful outcomes.

    1. Adaptability. 

    Flexibility and adaptability are essential qualities when representing venture capital firms and private equity investors. Flexibility in negotiation means being able to change plans if needed during discussions. It helps find solutions that work for everyone involved, even if things do not go as expected. By staying open to different ideas, flexibility can lead to better agreements that satisfy both sides and this will help you close the deal efficiently.

    Lastly, what advice would you offer to law graduates aspiring to specialize in corporate law and investment transactions, based on your own experiences and observations in the field?

    To law graduates aspiring to specialize in corporate law and investment transactions, I would offer the following advice based on my own experiences and observations in the field:

    1. Develop a Strong Foundation.

    Invest time in building a solid foundation in corporate law fundamentals, including contract law, corporate governance and securities laws. A strong understanding of these core principles will serve as a springboard for success.

    1. Gain Practical Experience.

    Seek opportunities to gain practical experience through internships, or entry-level positions at law firms or investment funds. Firsthand experience is invaluable for developing practical skills, understanding client needs, and navigating real-world legal challenges.

    1. Specialize and Stay Informed. 

    Consider specializing in specific areas within corporate law, such as venture capital, private equity, mergers and acquisitions. Stay abreast of industry trends, regulatory developments, and emerging best practices through continuous learning, attending seminars, and participating in professional associations.

    1. Develop Soft Skills.

    Cultivate essential soft skills such as communication, negotiation, and problem-solving, which are crucial for success in corporate law and investment transactions. Effective communication with clients, colleagues, and stakeholders is essential for building trust and fostering productive relationships. Your communication skills should be so clear that at an early stage also your partner should be comfortable letting you speak with the clients directly.

    1. Network Strategically.


    Build a strong professional network within the legal community, including mentors, peers, and industry professionals. Also, connect with the investment bankers and tax experts that work on the investment transactions. Networking not only opens doors to career advancement opportunities but also facilitates mentorship and collaboration on intricate transactions. Over time, cultivating these relationships can lead to a diverse clientele base and enhance professional development within the legal field.

    1. Embrace Challenges. 

    Embracing challenges presents valuable opportunities for personal and professional growth. It is important not to shy away from assignments or projects that push you beyond your comfort zone. Additionally, being adaptable and open to working with individuals across all levels and teams of the organization is crucial. By regarding failures and setbacks as opportunities to learn and grow, you can use them to propel yourself towards achieving your long-term career goals.

    Get in touch with Aasim Syed-

  • “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

    “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

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

    Can you walk us through your journey from being a law student to becoming a founding partner at TKC Partners LLP? What pivotal moments or experiences shaped your career trajectory?

    I would say my journey toward becoming who I am today began even before law school. As an Undergraduate at St. Stephen’s College I had the opportunity to explore not only where my interests lay academically, but also to begin to explore who I was, and who I wanted to become, as a person. I wasn’t always certain about pursuing law, at the time I was quite keen on exploring the dramatic arts. By my third year I was more set on my path towards the law. Reading History helped inform that decision. 

    That was followed by three years at CLC, Faculty of Law. I was not the most academically gifted student, nor, to be candid, the most hard-working. When I first joined I was not certain whether I was pursuing law because of the expectations of family, or because it was right for me. But I found myself drawn to certain courses, particularly Jurisprudence and Intellectual Property Law, which reinforced my decision to pursue law as a career. 

    After LL.B. I joined the Office of Mr. Gourab Banerji, Senior Advocate, who was Additional Solicitor General in the Supreme Court at the time. They say you never forget your first boss – and I certainly couldn’t. Mr. Banerji provided a nurturing and professional environment for a young legal professional to learn the ropes, and to make mistakes without fear or judgment. Many of the habits I try to inculcate in my Office even today I imbibed from my boss and my colleagues in that Chamber.

    While practicing in the Courts in India has a thrill that cannot be matched, I had already begun thinking about pursuing higher studies in England. The drive had been fuelled over the years by visits to my family in the UK, and my father’s stories of his time at Oxford. The University of Oxford was my first choice. Having marginally missed a First Division I didn’t make it through. But sometimes life finds a way to give you what you need, even if it isn’t what you think you want. I joined Queen Mary, University of London for the LL.M. in Intellectual Property Law. That definitive year studying in the heart of London provided some of the most pivotal moments in my journey. Far from the nest, and challenged to break free from the shackles of rote learning, I got the opportunity to truly develop a zeal for the study of law, a joy for learning and analytical reasoning, and to dive deep into the study of Intellectual Property Law. Truly enjoying what I was learning pushed me to strive like never before, which happily culminated in graduating with Distinctions in each of my Courses. QMUL enlivened my passion for the law, and gave me some of my most endearing and enduring friendships. I can truly say that if not for that year, I would not find myself where I am today.

    After my academic success at QMUL I was accepted into Oxford, which fulfilled a burning desire I had held in my heart for a quarter of my lifetime. I spent two years at St. Edmund Hall, University of Oxford pursuing the BCL and then the M. Phil in Law. Oxford helped me take my abilities and my ardour for academia to new levels. I had the opportunity to study under and with some of the sharpest intellectual minds I ever had the privilege of interacting with, both inside and outside of the legal realm. Though I probably did struggle with “imposter syndrome” at first, being intimidated intellectually pushed me to challenge and better myself. I was privileged to have this opportunity, and I did my best to take the fullest advantage of it. I was scared, I was excited – I had worked hard to get there and I hope it’s okay to admit that, despite all my anxieties, I was proud of myself. Reaching Oxford helped me believe in my capabilities and shape the confidence that I feel one needs to push oneself to the next level professionally. Not only did I meet my best friend at Teddy Hall, but I found the freedom and space to strive towards becoming my best self.

    After returning from England, it was an adjustment being back in litigation in Delhi. The Oxford bubble had popped, and I had to find a way to transfer the skills developed during my time in academia to my professional pursuits. Despite offers and advice pushing me in other directions, I relished the chance to work under my father Mr. Salman Khurshid, Senior Advocate. His practice was varied, his grasp of the law disparate, and his academic bent familiar. Many days were spent having intellectual debates over lunch with all his juniors in the Office, and countless hours running from forum to forum – calling for familiarity with everything from Constitutional and Administrative Law to Competition and Anti-Trust. Exposure to so many different fields developed my general appreciation and grasp of law and, despite my specialisations, convinced me of the value of being a generalist – A jack of trades, master of none – but better than just the master of one.

    After a few years the opportunity presented itself to join with dear friends and colleagues to set up our own firm – TKC Partners. Once again I found myself anxious, doubting myself and my potential – but the time had come to take the skills and abilities developed over the last decade and to push myself to the next step. 

    Pivotal moments in life rarely present themselves as such when they are before us. For most of us, in life the key moments are often gradual or imperceptible until we’re much further down our path. I think every step has culminated to bring me where I am today. While some may feel more definitive, none would be the same without those that have come before.

    You’ve had significant experience in both litigation and arbitration, particularly in high-stakes cases before various forums, including the Supreme Court of India. What draws you to these areas of law, and how do you navigate the complexities they present?

    From the very beginning I knew that I was more drawn to the Courtroom than the Boardroom. While Corporate Law offered more stability and remuneration, and many of my friends went in that direction, I knew my first love was litigation. Perhaps it is, as my friends and family often insist – that I am a born lawyer – eager to argue with anyone and everyone, about anything. Or perhaps it is as my father once told me when I had more whimsical fancies of being a stage actor – that litigation and theatre have many correlating and overlapping skills – oration, diction, the ability to command a room and capture the attention of your audience.

    While litigation in India certainly has its share of drama, I think along with being an inherent performer, what draws me to dispute resolution is the thrill of argument, and the excitement and pace of litigation in India (though sometimes there is more excitement than necessary). Once I joined the profession I also had the opportunity to explore arbitration, and see many of the advantages it offers over litigation in an often over-burdened system.

    Each area of law has its own thrills and its own obstacles. Navigating the complexities is often just about weathering the storm of backlog, managing the expectations of clients unfamiliar with the system, pushing your colleagues and contemporaries to help improve the system rather than take advantage of its shortcomings, and most importantly – patience. And in today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions.

    As someone who has been deeply involved in intellectual property rights (IPR) practice, could you share some insights into the evolving landscape of IPR enforcement, both domestically and internationally? What are some of the key challenges you’ve encountered in this field?

    Intellectual Property is an ever-evolving discipline. While its foundational concepts may not change, its application can rapidly adapt and develop in the face of technological advances, globalisation, the clash between the interests of developed countries and the needs of developing nations, and several other such factors. One of the most important developments however, especially for growing markets such as India, is cross-border recognition and enforcement, both for international brands that bring investment and economic growth into India, as well as for home-grown brands that have found an international market.

    India has made great strides when it comes to the awareness, proliferation, recognition, and protection of IP rights. But we cannot rest on our laurels. Our infrastructure needs to catch up with the pace and requirements of market demands; we need to be proactive about facing the challenges of IP enforcement in the digital age; the level of expertise required from offices and the judiciary is not uniform across the country; and we need to ensure that a robust IP system does not create a space for IP bullying or takeover by larger vested interests against the freedom of creation and innovation.

    Your time as a Research Assistant and then co-Author for your Chapter in the publication by the Office for the Harmonisation of the Internal Market (OHIM) involved studying the enforcement of intellectual property rights in the European Union. How has this experience influenced your approach to handling IPR matters in your legal practice?

    The opportunity to co-Author a Chapter in European Case Law on Infringements of Intellectual Property Rights (Bruylant, 2016), published by OHIM (now known as the EUIPO) was an exciting opportunity to delve deep into a specific issue from an unfamiliar perspective. It helped acquaint me with some of the potential conflicts and challenges that proprietors and practitioners can face when it comes to the cross-border enforcement of IP rights.

    It also helped me truly appreciate the impact and importance of Intellectual Property Law in commerce. Now known by a more appropriate name, the EU Intellectual Property Office used to be the Office of the Harmonisation of the Internal Market – which started with the remit to administer the new EU-wide unitary property right, the EU Trade Mark. Through the application and enforcement of various EU Directives, this Office played a vital role in breaking down several trade barriers in IP, showing how IP plays a pivotal role in creating, facilitating, and influencing cross-border trade and growth of mutual economies.

    I think the experience has helped me develop a foundational expertise with the issues associated with such enforcement, which aids me in advising clients with multi-national offices or businesses, and also helps with a key aspect of IP advisory – litigation management and avoidance.

    In addition to your legal practice, you’ve been actively involved in academia, including co-interviewing undergraduate law candidates at the University of Oxford. How do you balance your legal career with academic engagements, and what value do you see in contributing to legal education?

    During my time at Oxford I was primarily dedicated to purely academic pursuits. But I also had the opportunity to carry on some of my practice, in an advisory capacity. The opportunity to co-interview undergraduate students, along with Professor Aileen Kavanagh, was interesting. It was funny to be on the other side of the table just a year after getting into Oxford myself – to try and gauge and appraise these young candidates and to make recommendations on whether they should be offered a place. This was perhaps the first time I felt the weight and gravity of the influence we in the profession can have on the future of the next generation of legal practitioners, jurists, and policy makers.

    After re-joining the profession back in India I have attempted to make time to make myself available for similar opportunities through symposiums, lecture series, podcasts, etc. But balance is always the greatest challenge in the legal profession. I’ve not been able to make the time to take on more formal and structured academic roles, despite being approached a few times, as I’ve felt that I needed to provide more time to my role in growing my Firm. But it is always on my agenda to find ways to reach law students and young professionals when suitable opportunities present themselves – the worlds of academia and practice cannot be divorced from each other – this is a loss to both. I think it’s important that law students have the opportunity to know the realities of the legal profession, and to explore the profession before making the heavy commitments that it demands – this is only possible through access to practitioners who can help them gain a better understanding of law beyond their textbooks. The value in this is elementary – better, more well-rounded students will lead to a better, well-rounded legal profession.

    Your publication on ‘State-State Arbitration and its Role in Entrenching the Rule of Law in the International Legal Community’ explores a crucial aspect of international arbitration. Could you elaborate on the significance of this topic and its implications for the legal profession globally?

    First let me say what an honour it was to be given the opportunity by the PCA to co-author a Chapter in International Arbitration and the Rule of Law. It was such a privilege to be part of the PCA’s recognition of the work and contributions of the eminent and unmatched jurist and legal luminary – Mr. Fali S. Nariman – who sadly is no longer with us.

    This piece, as indeed much of the collection, focussed on various aspects and examples of international arbitration and inter-state arbitration, and how they have influenced the development and entrenchment of the Rule of Law, a traditionally domestic principle, in the realm of international law – which is traditionally driven by the concepts of sovereignty and State autonomy.

    Our article focussed on the role of interstate arbitration in promoting the rule of law, focussing on two significant PCA arbitrations – the Bay of Bengal Maritime Boundary Arbitration (between India and Bangladesh) and the South China Sea Arbitration (between China and the Philippines). An examination of cases such as these highlights several challenges that practitioners in the field of international law and international arbitration must contend with – the Rule of Law remains a somewhat contested concept in the international context, though there is a greater uniformity to the dimensions of the principles under domestic law. The nature of the disputes under these cases, and the stands taken by the Nation-States – both during and in the aftermath of these cases – highlights the challenges to international law, and the continuous necessity of the willing participation of States in maintaining its principles. Some of the lessons from the comparative analysis of these cases are particularly relevant for India today.

    Collaboration seems to be a recurring theme in your career, from assisting Senior Advocates to co-authoring publications. How do you approach collaboration within the legal field, and how has it contributed to your professional growth?

    ‘If you want to go fast, go alone; if you want to go far, go together’. This traditional African proverb quite succinctly exemplifies my outlook towards law and the legal profession. In a fast-paced and often aggressive landscape, legal practitioners become hard-wired for competition – treating their practice as a zero-sum game. This can cultivate unproductive outlooks that can harm the system long-term.

    I believe some of my greatest successes have come, not from side-lining or “defeating” competitors, but from finding opportunities to collaborate and cooperate. But often this is easier said than done. Collaboration requires trust, and as they say – once bitten, twice shy. Maintaining a collaborative attitude can be difficult, especially in the face of emulous elements. But patience, belief, and a little luck, can help one find genuine contemporaries to work and grow with.

    This also informs the manner in which I aim to guide and advise Clients, encouraging them to look at conciliatory approaches, focussing on larger interests and benefits. Though Clients ca be similarly motivated/programmed – to see conciliation as a mark of timidness and weakness – but I have found that many stay with us because we show them that our approach focusses on their best interests, and often bears results in otherwise quagmired situations.

    Finally, considering your diverse experiences and accomplishments, what advice would you offer to aspiring law graduates who are about to embark on their legal careers? What key principles or strategies should they keep in mind as they navigate the legal profession?

    There may honestly be no end to the advice someone could dole out to aspiring graduates poised on the brink of starting their journeys in the profession. There is just so much to learn and experience. Some of it you may have guides and mentors that can prepare you, some you will just learn the hard way.

    One thing I would emphasise is that law is a life-long pursuit of knowledge. You must constantly be open to learning and growing. Your early years are the best time to chase diverse and varied experiences – don’t hem yourself in early – there is plenty of time in life to “specialise”. One must also focus on foundational concepts, and don’t be afraid to grow slowly – chasing the “30 under 30” label can often lead to shortcuts or missed opportunities that could be hard to make up later. You must look inwards to define your image of success, don’t chase someone else’s.

    You shape the system as much as it shapes you. It may be difficult, but always strive to better yourself, and those around you, and be slow to frustration. Surround yourself with people who push you to expand and grow. Take the best habits from your mentors, ignore the worst. You will have many unwelcome experiences, learn from them but don’t let them define you.

    Get in touch with Zafar Khurshid-

  • “Each firm I worked at contributed in a significant way to my growth and development as a lawyer”- Anantha Krishnan, Partner at IndusLaw

    “Each firm I worked at contributed in a significant way to my growth and development as a lawyer”- Anantha Krishnan, Partner at IndusLaw

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

    Can you walk us through your journey from studying law at Dr. Ram Manohar Lohiya National Law University to becoming a Partner at IndusLaw in Bangalore? What inspired you to pursue a career in law, especially focusing on corporate and commercial matters?

    I did my schooling in Chennai, loved writing, public speaking and was enthusiastic about problem solving. Around the time I was contemplating my career choice, the national law schools in India had decided to come together to conduct the common law proficiency test (CLAT), which looked like a good opportunity to explore. 

    Studying law at RMLNLU, Lucknow was a beautiful experience. I had a plethora of opportunities at my disposal, ranging from moot courts, parliamentary debates, MUNs to paper publications/presentations. Having said that, while law schools have a well thought out curriculum and they do help initiate efforts on building skills, they don’t prepare you for the fine print of any practice area and only just about scratch the surface in terms of concepts. This results in a significant void between theory and practice. To make up for practical knowledge and exposure, I spent each of my vacations doing internships, largely in the cities of Chennai and Mumbai. Mid-way through law school, I started interning with law firms, dabbling across practice areas such as litigation, project finance, intellectual property and corporate/commercial matters. I was still however looking for a specific practice area of interest, though I had developed a focused interest towards contract law and by then, corporate laws had been introduced as a subject. Around this time, an opportunity came by to participate in a national corporate law moot court competition, and we ended up winning it. What I loved about that experience was how interesting, vast and ever-evolving corporate and commercial laws were. I thoroughly enjoyed researching, drafting, preparing arguments and advocating them for that problem statement. It gave me direction that this is something I could really immerse myself in. I shifted my focus thereafter to internships solely in corporate law practice.

    From there on, it has been a voyage of dedicated and diligent learning across firms I’ve been a part of. Being a first generation lawyer, a lot of effort went into building my principles, knowledge and processes with focus on what I wanted to be and stand for as a professional. The initial years in practice went into establishing my fundamentals and processes which enabled me to deliver well thought out work products. Each deal that came by helped me build expertise on different sectors and issues around them. I’m a believer of self-assessment and feedback, used to approach my seniors on where I could improve after each deal. This helped me identified the chinks in my armoury and I worked consistently towards getting better at those. It has been a long yet fulfilling journey so far and I’m excited about what the future has in store for me.

    You’ve had a diverse range of experiences across various law firms such as Phoenix Legal and HSB Partners. How did these experiences shape your understanding of legal practice, particularly in the realms of mergers & acquisitions, private equity, and venture capital?

    Each firm I worked at contributed in a significant way to my growth and development as a lawyer. In the initial years, when I started out in Chennai post graduating from law school, I was lucky enough to be at the crossroads of the biggest overhaul of company law in Indian history. With the Companies Act, 2013 being introduced and to take effect from June 1, 2014, my first year in practice was almost entirely focused on interpretation of the new legislation and how it differed from the 1956 Act. These exercises were in fact driven by a plethora of queries from clients seeking advice on specific provisions of the 2013 Act. There were many engaging and interactive sessions with my seniors at the time to get a grasp of what we were dealing with, coupled with research drill downs, both in terms of interpretation of statutes and precedents in case laws. This helped me a great deal to get confident with my understanding of the legal practice involved in transactions and advisory. I had dealt with the 1956 Act in my internships. Hence, being able to deploy that understanding against the change in positions vis-à-vis the newly effective legislation in the 2013 Act gave me ample avenues to get better at shaping my understanding of the practice area. My stint in Mumbai was largely focused on mergers & acquisitions and venture capital. I got to do a lot of domestic and cross-border acquisitions and venture capital deals. It was a big learning curve for me which I embraced with all the efforts I could possibly put in. In your early years, observing your seniors negotiate on deals teaches you a lot, and over time, you tend to develop your own style of negotiating and handling multiple facets of the profession. 

    In any law firm, the work environment is dynamic, providing a diverse range of opportunities to learn from. With good mentors, exposure and diligence, one can dive deep into the requirements of a client and cater to its basis the demands of a given problem statement. From there on, it’s akin to polishing a precious stone, every bit of experience aggregates to fine tune a lawyer’s understanding and it only gets better with time. This, I believe, provides valuable insights and practice guidelines to develop oneself as a well reasoned and articulate legal professional capable of providing sound legal advice to clients. A couple of valuable lessons I’ve learnt over time with experiential learning are identifying client demands early on into a transaction and reflecting on them to deliver the desired results at every stage of the transaction. This varies based on the deal as well as from one client to another. For instance, a venture capital investment is akin to occupying a space in a newly built house while an acquisition is cleaning up and buying the entire house. What an investor is looking for from an investee company in an early stage venture capital investment differs vastly from what they are looking at in a late stage investment or what a buyer is looking to achieve from an acquisition. These differences range right from the level of detailing and lookback period involved in the diligence to the rights matrix to be negotiated for the relationship going forward. Negotiation is yet another skillset which requires constant learning and unlearning. With every deal, you take back something new from negotiations. Reassessment and reworking your approach to essentially figure out if your existing modus operandi could be better with the new learnings adds immense value in terms of reflecting on the outcomes of a deal. 

    Your work at IndusLaw involves advising on a multitude of transactions, including mergers and acquisitions, venture capital investments, and private equity deals. Could you share with us some of the most memorable or challenging transactions you’ve worked on and what lessons you’ve learned from them?

    There are quite a few deals I’ve absolutely loved working on at IndusLaw. Some memorable transactions I’ve done here include a series of acquisitions which set up daily delivery and instant vending businesses of a leading entity in the food and groceries space. These acquisitions included a business transfer, an asset purchase and a share purchase acquisition, and each acquisition structure came with its own set of challenges. In addition, these acquisitions taught me a lot about integrating new business models into an already well-grounded and flourishing model and practical challenges in terms of doing that. One of those acquisitions also included a founder exit, which was my first experience of a co-captain leaving the ship. Another transaction recently was internalization of a leading quick commerce brand from Singapore to India as part of a larger acquisition transaction. We dove deep into the process which happens at Singapore, including by working closely with our counsel there. The timing had to be spot on, given this internalization would need to seamlessly flow into the larger goal of the internalized entity being acquired by a listed company in India. The learnings from this deal were invaluable and while we faced multiple challenges on a daily basis, solving for each of them gave me a strong understanding of the process and its possible pitfalls. 

    More recently, with the changing trends, I’ve been closely involved with startups in the fashion space and manufacturing of materials (deployable across multiple industries), in both cases, with emphasis on sustainable and eco-friendly models. Transactions I’ve worked on have taught me a lot, in addition to fine-tuning my skills as a lawyer. These learnings range from interpersonal skills, understanding and appreciating the nuances of each product ecosystem (and the innovations that come with it) in this dynamic startup environment to understanding perspectives of founders who invested a lifetime of dedication, commitment and diligence to building successful businesses, and eventually decided to call it a day and sell. 

    Your expertise spans across sectors like e-commerce, healthcare, logistics, and media & entertainment. How do you stay updated with the legal developments and industry trends in such diverse areas, and how does this knowledge contribute to your advisory role?

    In a way, this was one of the main reasons I moved from Mumbai to Bengaluru. To get involved in the exciting startup ecosystem, in my area of competence. For A Long time, each sector presented itself in deals, and I loved working on each of those sectors.

    In terms of staying updated, early on in my career, I used to visit the websites of regulators such as RBI, MCA and SEBI to look for recent updates. Eventually, I figured out some useful hacks, which still serve me well to date. One of these was setting up Google alerts in my email driven by keywords. I placed a few alerts on keywords which most mattered to me, such as ‘venture capital’, ‘ministry of corporate affairs’, ‘reserve bank of india’, ‘foreign direct investment’, to hit my inbox at a time I could catch up on updates. So everyday, I get a collection of articles sourced from the web in my mailbox, to catch up on. In addition to this, I also spend some time on a weekly basis to stay updated by reading newsletters/articles by IndusLaw and other law firms (not just in my practice area but others as well), articles on legal and professional network platforms, publications by legal databases/journals, funding trends (generally through accessing periodic analysis reports released by various investors), sectors which get more traction than others and so on. Updating oneself regularly is of paramount importance in the legal services industry, and it helps a lot in staying honest and relevant with the trends. This has helped me in striking conversations with clients about what’s happening and could be expected in their sectors, the sector’s outlook going forward and so on. Another efficient way to stay updated is also to write articles. Along with our team at IndusLaw, I endeavour to write articles regularly and we put out a lot of content expressing our thoughts on a plethora of subjects. The firm also chalks out and conducts training sessions on specific subjects in each practice area, which gives me an overview in terms of thinking through and updating my understanding on those and our views on contentious issues. 

    In addition to your transactional work, you’ve also been involved in drafting legal opinions, conducting due diligence, and providing compliance advice. How do you balance the demands of these different aspects of legal practice, and what advice would you give to young lawyers looking to excel in these areas?

    Every deal is an opportunity to learn something new and nail the brief. First up, having a positive outlook on the profession is vital. Yes, the demands are rigorous and in a given day, you may be switching between multiple matters ranging from transactions to opinions to conducting due diligence to providing compliance advice. The ability to switch off from one matter to another is quite critical (and a skill in itself) in the profession and that can happen seamlessly only with a well grounded and firm understanding of each given matter. Preparation and planning prior to commencement of the transaction, establishing a workflow process and regular review sessions with the team are some of the other practices which help me navigate through multiple matters at the same time.

    I still have a long way to go in this profession, so I wouldn’t call this advice, rather a rational thought to ponder for young lawyers. Each matter is unique, treat each one of them with the attention to detail it deserves. A lawyer cannot convince a client unless they are convinced themselves. Deliberate, research and reflect on your own thought process and solutions which result from it until you’re convinced that it’s the way forward.

    There is a quote by the former secretary of state of the United States, Colin Powell, in his Thirteen Rules of Leadership – It ain’t as bad as you think! It will look better in the morning. Couldn’t ring truer in terms of being stuck in a thought loop on a problem statement. Anything complex is only an aggregation of simpler problems stacked over one another. So if you’re facing a complex problem statement, break it down into simpler ones and solve for each of them.

    Your publications reflect a deep understanding of complex legal issues, including trending topics such as GIFT City, relocation of supply chains to India and ESOPs/stock appreciation rights. Could you tell us about your approach to legal research and writing, and how it helps you in your day-to-day work?

    Research forms the fundamental base of any understanding. The more your research, the more you achieve in terms of clarity of conceptual understanding of a subject matter. I’m generally on the lookout to write articles on subjects which my practice area requires clarity on. This invariably helps me get better at my understanding of the subject as well. Once the topic is identified, conducting comprehensive research (including perspectives by various stakeholders) helps me to chalk out a framework for the article. From there on, I go into analysing precedents, statutory provisions and commentaries available on the subject. Once the above checkpoints are complete, the writing requires further deliberation (and a fair bit of drafting and rehashing) in terms of achieving coherence and flow in the article. 

    Legal research and writing has been a part of my life ever since law school. Establishing a process (as explained above) and following it religiously helps a lot, not only in terms of legal writing, but also to deal with multiple transactions at any given point of time. 

    As someone who has been deeply involved in the startup ecosystem, what are some common legal pitfalls or challenges that startups often face, and how do you guide your clients through these obstacles?

    Some of the common challenges which I’ve seen early stage startups face are keeping up with compliances, which sometimes includes obtaining necessary licenses and permits. This is understandable as startups invest a lot of their energies into solving the problem which is the genesis of their creation. Given the gamut of laws which apply to a company in India, it is quite possible to miss getting some of that paperwork done. Another challenge I would say is standardization of contracts. In early stages, there may be quite a few commercial contracts with multiple stakeholders in the startup ecosystem, such as suppliers, vendors, service providers etc., whereunder a startup may have signed up to onerous terms, such as say uncapped indemnity or not adequately covering for risks which may arise from the counterparty’s role in a contract. 

    For any such pitfalls, I prefer to explain the problem upfront to a client and then proceed to providing options which may be considered to resolve such issues, ranging from ones which could provide a quick fix for the time being to more robust and elegant long term solutions. Of course, there is gradation of the risk involved as well which goes into this process, so the client is aware which issue (and options available to fix it) needs their immediate attention as against the ones which could be addressed a little later in time.   

    Transitioning from being a law student to a successful legal professional can be challenging. What advice would you give to law students or young lawyers who aspire to follow a similar career path in corporate law and specialize in areas like mergers & acquisitions, venture capital, and private equity?

    Having interacted with quite a few students looking to enter the practice area, I would encourage young lawyers to explore their interests in law school and understand what their possible options could be. Thereafter, they should shortlist their areas of interest over the others, understand further on what each such shortlisted practice area demands. This can be easily achieved through their peer network of seniors who may be involved in those practice areas, and with the information publicly available. Understanding the rigours of the profession and what is required from their end in their formative years will go a long way in setting their expectations straight. 

    In addition to this, if young aspirants are interested in deal making, they need to do more than just understanding and reflecting the law in practice. Making a conscious effort to develop their commercial knowledge and understanding practical challenges and aspects which come along with deal making (including in terms of execution and implementation of structures) would give them a competitive edge by getting familiar with the challenges associated with deal making and solving for them. Such proactive steps would help them establish the contours of the profession and their capabilities quite early on. 

    Get in touch with Anantha Krishnan-

  • “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

    “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

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

    Can you share with us your journey from being a financial journalist to becoming a corporate lawyer, and what inspired this transition?

    During my time as a reporter for Mint and the Wall Street Journal, I had to specifically track investment banks and write on mergers and acquisitions. As a primer, one of my sources suggested I read ‘Barbarians at the Gate’; that along with my conversations with bankers and private equity professionals got me hooked into the world of M&As. I was eager to explore the other side. 

    I had initially tried my hand at investment banking but the mundane work of creating spreadsheets and data analysis as an everyday role didn’t much enthuse me. Within a week though, I joined a boutique law firm and pursuing a business law programme at NLSIU parallely seemed natural. The law firm had a highly motivated team and enabled a varied exposure in corporate law – I learnt trademark application processes, commercial contracts drafting including transaction documents and base arbitration. I continued to write for Your Story occasionally. I had the best of both worlds and was learning something new everyday. I decided to stick on and take each day as it came.

    Given your diverse background in journalism, economics, and law, how do you believe it has shaped your approach to practicing law, particularly in M&A and commercial law?

    So my late entry in the legal world has worked to my advantage given my journalism background. While my initial degree was in economics, a lot of my learning of the law, especially around the securities market and SEBI, was from my days as a financial journalist. Aside from reviewing the regulatory sites (like MCA, SEBI and RBI) for latest circulars / amendments on a daily basis, I would routinely follow corporate announcements on the BSE and NSE. Any seasoned reporter would tell you that it’s a goldmine for story leads. When I needed guidance to understand concepts, (luckily) as a journalist I could ask industry seniors to share their knowledge. I was fortunate to be ably guided by some bankers in the equity and debt markets; I’d go armed with a lot of questions for breakfast meetings. All of this helped lay the foundation to understand not just the law but also complexities / challenges of the M&A world. Now, as I sift through the laws, my ground work in economics helps review it from a policy perspective. 

    Could you tell us about a particularly challenging case or project you’ve worked on in your legal career, and how you navigated through it?

    Every project has its own set of challenges. While I wouldn’t want to name a particular case, I’d like to share that since I handle corporate and a few litigation matters, I find a dichotomy with respect to timelines and outcomes. Because litigation has its own procedures, and owing to its sometimes time-consuming nature there’s more thrill in setting expectations for faster closures in M&A or commercial negotiations. I have to consciously set my mind to a different frame for litigation. 

    You’ve been involved in drafting various agreements and advising on regulatory matters. What are some key considerations you always keep in mind when advising clients, especially in the realm of mergers and acquisitions?

    Create an internal priority checklist of terms and flag them off – i.e., understand from the client the aspects that they are absolutely unwilling to let go off vs less important points. Discuss the business angle in the transaction as it goes in tandem. If representing an acquirer, then go the extra mile for a thorough diligence on the target to ensure that at least the key industry specific permissions are in place, and forensics on the promoter are clean.

    Your experience spans from working with Vichar Partners to establishing your own practice. What motivated you to start your own firm, and what have been some of the most rewarding aspects of being an entrepreneur in the legal field?

    After my stint at JSA – given my unconventional background, it was initially challenging for 2 law firms to accurately gauge my skill set because I could be a rainmaker and yet not as seasoned as a partner. It was easier to get clients. And some industry seniors, entrepreneurs themselves, motivated me to begin on my own. My work with one of the senior partners at Vichar (Partners) had already exposed me to the ‘business management’ side and the transparent culture in my team at JSA also helped place many things in perspective. Being a first generation entrepreneur, I had nothing to lose by charting my journey on my own. The objective has always been one of learning. The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients.  

    As someone who has contributed to agrarian policy and worked on projects funded by organizations like the UN World Food Programme, how do you see the intersection of law and policy-making, particularly in areas like food security?

    For countries that have faced depredations of famine and hunger under colonial rule, food-security is a very sensitive and key matter of policy. Emerging nations have to safeguard and sustain their agrarian ecosystems against OECD nations’ policies at an international level. At the same time they also have to increase yield, shield themselves against crop losses as well as shift populations away from agriculture and into industry. Policy-making is a vital exercise to attain this goal while the law attempts to provide safeguards for all stakeholders during this process.

    With your interests in tennis, dance, and cultures, how do you find these aspects complementing your legal career, if at all?

    Sports and the fine arts play a vital role in expanding one’s horizons and for agility. In my view, having a wide exposure to different aspects of the society exposes me to varied thought processes and perspectives thereby enabling me to become a better lawyer. They are also an easy way to switch off and relax.

    Considering your journey and expertise, what advice would you give to law graduates aspiring to specialize in corporate law, especially in the areas of M&A and commercial law?

    Go full throttle, always try to understand the issue at hand, do your own research (the law changes and nobody knows everything), never work on an empty stomach, and continue pursuing your hobbies. 

    Get in touch with Harini Subramani-

  • “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

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

    Can you share the journey that led you to pursue a career in law, especially considering your background and childhood ambition?

    I am from a backward district of Tamilnadu and I am one among the four daughters of my parents. Everyone opted for various professions, but interestingly, this profession attracted me more, even in my young days.  The reason might be that the Sub Court campus at my native is existing near to my school.  I was going to school everyday by watching the court campus, with the busy advocates roaming here and there with robes.  I was very eager to know more about it and lots of questions came into my mind and the same were clarified by my father who was a teacher by profession and the entire outcome was that this is the only profession where I could question anybody, however giant he or she might be. Further I found this profession makes one closer with human problems. I am fond of moving with people and would like to be surrounded with people always. The litigation area turned out to be a good option for me. This is the main curiosity that pushed me to choose this profession as my childhood ambition approximately from my 6th standard onwards.

    With 25 years of experience in law, what inspired you to specialize in labor, service, and writ matters, particularly in the high court setting?

    Yes… after choosing law as my career, I did not have any clear idea initially. But while studying the Constitutional Law and Administrative law as subjects, my mind was very much obsessed with various decisions of the Supreme Court and High Courts questioning the excessive actions or inactions of the Government and that had driven me to concentrate my work in the High Court.

    Founding a law firm, especially one like POLAX LEGAL SOLUTIONS, requires vision and determination. What motivated you to take that step, and what challenges did you face in establishing and maintaining it?

    Being a woman, I had to balance both family life and profession, though my family is a supportive system for me. Sometimes our presence is very much needed at home to take care of our elders, kids etc. My husband, Mr.Ramar is also an advocate on the criminal side but I wanted to establish a separate office, though he is very supportive to me in personal life and professional life. I felt the necessity of someone to continue my cases even in my absence to justify my Clients.  The same was felt by my friend, Mrs.Lakshmi. We both used to help each other in all our cases from drafting to arguing. This went well and we both realised our compatibility and thus the concept of a Law Firm was coined.  The Firm was conceptualised into reality in the year 2013. We both had the determination to continue the profession without any break and that was the main reason for the concept of this Law Firm.  It is also time to show our young woman advocates that persuasion and patience in the profession would make you withstand forever. We have to create our own path to success. Moreover, since it was my childhood ambition to become an advocate, I have never felt any stress or depression in my professional life. As we face different cases, dealing with each case needs to be addressed individually and so I feel refreshed in each and every case. In fact I enjoy working and I don’t see any difficulty in family life and professional life. So go by what your heart says and life is so beautiful.  

    As a founder-partner of a leading law firm, what are some key lessons you’ve learned about leadership and collaboration, especially in an industry that traditionally has been male-dominated?

    In fact, we don’t feel any difficulty in running the firm as all the junior advocates associated with us were more co-operative, helpful and played a vital role in running our Firm. Legal profession is basically a 24 x 7 job and all of us were ready to work even at midnight, if it is necessitated by considering the urgency of the case. In fact, we created an atmosphere of joining together, working together, growing together and celebrating together. It enhanced our personal relationship also. 

    Being recognized as the only law firm with women advocates as partners running for 10 years is a significant achievement. Can you tell us about the importance of gender diversity and inclusivity in the legal profession from your perspective?

    Of course, it is a male dominated profession. When I entered into this profession during 2000, the daily cause list consisting of the list of cases published in Madras High Court consisted of 95% of male advocates names. And there were only a handful of women judges at that time, though there were well performing women seniors were found at Madras High Court. But going by the years, this trend has now changed.  In fact, I had not considered any of my co advocates, either male or female, as my competitor. I felt myself as the competitor and hence I never felt that I am running in a race along with male.  But, the way male advocates and even male judges look at the woman advocates is absolutely discriminatory. I can put an incident, one Mr.X, who is a sitting judge now, when he was an advocate made a comment to me that “a woman from a good family will not come for this profession”. This did not resist me or my character, but it made me change my perspective towards him.  One more incident to be pointed out, one of the senior advocates, who claims to be a progressive thinker,  threw a question that “from where and how do you get briefs?”. I don’t think that he could have put this question to any of the male advocates ever.

    -as in all the fields, there need not be any discrimination between male advocate or woman advocate,  and it should be termed only as “ADVOCATE”. An advocate is an advocate and where does the question of woman advocate or male advocate arise? We both are doing the same work with the same effort and determination. Even today, the Judges used to identify by saying “woman advocate”. We don’t want to be identified and we are advocates as such. 

    You’ve had the opportunity to work with esteemed companies as clients. Could you share some insights into maintaining successful client relationships and handling high-profile cases effectively?

    The issues of the clients should be given much more importance from the time of discussion with them till explaining the outcome of the cases. It is also needless to say that we have to let them explain the exact disputes or issues they are facing. Then only we can advise them of the legal solutions and we should not blindly follow their words without substantiating documents. The right legal advice given by you will make the Clients have confidence with you, sometimes, the advice could be not to initiate any legal proceedings. The most important thing is we should not treat them as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation. To be precise, proper legal advice, and  transparency are the key to retain your clientele. 

    Considering your extensive experience, what advice would you give to fresh graduates aspiring to pursue a career in law, particularly those interested in practicing in high courts?

    If litigation is your option, then  be ready to undergo proper training under the guidance of a senior; Be ready to work for 24 x 7; Be ready to do all the work in office, either it is drafting, research work or clerical work; get updated with latest decisions in important cases of your area of practice; spend more time in reading either case papers or the decisions related to cases; Knowledge is power in litigation so get equipped; consider each and every work as an opportunity as each and every single work done during this period would be an experience for you.  

    Get in touch with Porkodi Karnan-

  • “My diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth”- Aditi Verma Thakur, Senior Partner at Ediplis Counsels

    “My diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth”- Aditi Verma Thakur, Senior Partner at Ediplis Counsels

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

    Ma’am, could you please share with our listeners how your journey into the field of law began? What sparked your interest in pursuing a career in intellectual property and corporate commercial law?

    My fascination with the legal field began when I witnessed my father’s dedication to law. He pursued his law during my teenage years. Though at that young age, I never thought of being a lawyer myself. Before entering the field of law, I explored different options. However, I lacked a sense of connection with what I was doing. Eventually I tried my hands at legal studies by enrolling myself in B.A. LL.B. (Hons.) course at Devi Ahilya University. I found law and arts subjects quite interesting, focussed on my law education, and enjoyed exploring diverse avenues of law, with strong inclination towards constitutional law, criminal law, contractual law, and intellectual property. I consistently excelled in my studies, and was recognized as the university topper in my graduating class.

    Upon completing my undergraduate studies, I pursued a Master of Laws in Intellectual Property at National Law University, Jodhpur, where I delved deeper into the intricate world of IP law. Through focussed internships, I was fortunate to see different sides of IP practice, such as advisory, litigation, valuation and commercialization of IPs. Additionally, my interest in international technology transfer drove me to undertake a university dissertation on the subject, further enriching my understanding of this domain.

    My first role as a full-time IP role at Krishna & Saurastri culminated from an earlier long-term internship at the firm. At K&S, I learnt the basics and practical aspects of trademark and copyright law practice, sharpen my drafting and documentation as well as hone skills, such as, communications, critical analysis, and attention to detail. While working on contested and uncontested IP matters at my first firm, I developed a keen interest in commercial and contractual IP work, and generally in contractual law too. 

    Your profile mentions that you have a versatile practice, covering soft IP, corporate commercial, technology, data protection, and media law. How did you develop expertise in such diverse areas, and what motivated you to explore these different facets of law? How do you balance these differences in your practice?

    I’ve been fortunate to encounter exceptional opportunities throughout my professional journey. Following my initial role at my first law firm, where I handled various contested matters under the mentorship of seasoned industry professionals, I transitioned to corporate firms, where I further refined my legal skills and broaden my expertise. At IndusLaw, I was entrusted with leading then-growing IP practice, which allowed me to deepen my understanding and proficiency in this area.

    My tenure in corporate firms played a pivotal role in sharpening my legal acumen and skills. Collaborating across different practice teams within these firms, I had the chance to engage in diverse projects tailored to meet our clients’ specific needs. While my primary role was to manage IP and IP litigation assignments, I also had the opportunity to delve into a wide range of commercial, IP, technology, data, and media contracts, both independently and as part of larger transactions. This collaborative environment facilitated a continuous exchange of knowledge and expertise, contributing significantly to my professional growth and development.

    Throughout my tenure in Bangalore, I have had the privilege of serving a diverse clientele, ranging from foreign firms and large multinationals to investors, universities, and small enterprises across various industry sectors. Given Bangalore’s status as a hub for niche tech start-ups seeking comprehensive legal support, a significant portion of my work revolves around providing a wide range of commercial legal and intellectual property services to tech and media enterprises, including start-ups in these domains. My responsibilities within the management committee of Ediplis Counsels (which began as an IP boutique firm focussing on technology and related domain, and now has evolved into a full-service national firm) have been pivotal in expanding my expertise. My role at the firm has provided me with a nuanced understanding in the legal domains of technology, media, data, and corporate commercial laws, allowing me to provide more comprehensive and tailored solutions to our clients. 

    In addition to my client-facing responsibilities, I am actively engaged in thought leadership initiatives. Collaborating with other senior partners at the firm, I participate in discussions concerning the policies and governance of Ediplis. Moreover, I dedicate time to mentoring young lawyers and contributing to both national and international publications, drawing from my experience as the former editor of a bi-monthly IP newsletter. These initiatives foster knowledge-sharing and professional development.

    So, my diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth. 

    I believe the different aspects of my practice have synergies and that is the core strength of my practice. For instance, my experience in contentious work has provided valuable insights that inform my advisory role, allowing me to anticipate and address potential legal challenges proactively. Similarly, my understanding of technology and media law enables me to advise clients on both the creation and commercialization of intangible assets, ensuring compliance, and mitigating risks effectively. 

    Congratulations on being recognized as the ‘Copyright Lawyer of the Year’ and achieving various accolades. Clients have praised your problem-solving skills and transparent communications. How do you think these recognitions have shaped your career, and what impact have they had on the way you approach your work?

    Many thanks for your kind wishes. I am sincerely grateful for the recognition that I have received from esteemed industry bodies, both in India and internationally. It is truly an honour to have one’s work acknowledged in such a manner, especially when such recognitions are also tied with positive feedback from clients. These industry recognitions provide credibility to my practice to a great extent, and there is an underlying sense of serving better to clients. I have also been told by several lady lawyers that my work and achievements motivate them to excel. I remember one of my neighbours trying to motivate his daughter citing my achievements. It is incredibly rewarding to know that my journey has had a positive impact, and it encourages others to excel in their own endeavours.

    However, I believe it is essential to maintain a balanced perspective on industry awards and accolades. While they provide validation and encouragement, it is crucial not to allow them to overshadow the primary focus of our work. For me, maintaining a sense of humility and dedication to my craft is paramount. I approach each day with the energy and enthusiasm of a newcomer, eager to learn and grow, while also drawing on my experience and sense of responsibility in handling both my work and relationships.

    Ultimately, my goal is to continue delivering high-quality legal services to my clients. By remaining focused on the task at hand and staying true to my values, I hope to uphold the trust and confidence that clients place in me and my abilities.

    You’ve served as a guest faculty at premier law schools and contributed to national and international publications. What value do you see in sharing your knowledge with others?

    I have always held a deep interest in teaching and writing, recognizing them as invaluable tools for personal and professional development. Besides this, I view teaching and writing as essential means of giving back to the broader community. 

    Whether engaging with colleagues or clients, I make it a priority to share insights, perspectives and anecdotes from my own experiences. For instance, I regularly share legal and practical knowledge with my colleagues, promoting a culture of continuous learning and growth within our team. Similarly, I ensure that my clients are equipped with a comprehensive understanding of the legal landscape relevant to their matters, empowering them to make informed decisions. My mentors’ willingness to share their wisdom and perspectives – both on work-related matters and broader life topics – has instilled in me a deep appreciation for the value of knowledge exchange. 

    What role have your mentors played in your career growth? What is the importance of mentorship and guidance in one’s career and growth? 

    I am incredibly grateful for the guidance and mentorship I have received from various individuals throughout my professional journey. From my parents, seniors at Krishna & Saurastri and IndusLaw, my husband and now my peers at Ediplis, I have been fortunate to have wise mentors who have played a pivotal role in shaping my professional and personal life. Their mentorship has been multifaceted, encompassing everything from learning the fundamentals of law and drafting to navigating complex professional challenges and finding a balance between work and family life. Each mentor has provided invaluable insights and guidance, contributing to my growth and success in different ways.

    I feel mentorship plays a huge role in one’s success. If you get a wise mentor early on and they also are willing to invest in you, you can advance well in your professional life. It’s certainly important to find and believe in good mentors. 

    What are your thoughts on work-life balance? Are you able to achieve that considering the kind of work you do? 

    I believe if you don’t have a healthy work-life balance, you have stress, fatigue and burnouts. I understand a good work-life balance is very difficult to achieve when you want to also grow professionally, but one has to keep trying to achieve that state for your physical and mental being. 

    In fact, we at Ediplis encourage our firm members to focus on their work and well-being both. We try and ensure a good work culture at the firm. Members are able to spend time on their interests and hobbies. We support working parents at our firm so that they are able to devote time to their families while managing their professional responsibilities. These efforts have resulted in well-organized and productive teams who are able to thrive both personally and professionally.

    In the past, I have experienced first-hand the challenges of balancing work and personal life. There was a time when I prioritized work over everything else, believing that it was necessary for career growth. However, I realized that neglecting my personal well-being had adverse effects on my health and overall happiness. 

    Since then, I have made a conscious effort to establish boundaries and prioritize self-care. While maintaining work-life balance can still be challenging at times, I am committed to making consistent efforts to achieve it. I have found that by taking care of my physical and mental health, I am able to work more efficiently and mindfully, ultimately leading to greater overall satisfaction.

    As a lawyer and a mother, I recognize the importance of finding a balance between professional responsibilities and personal commitments. While there may be moments when work pressures demand more of my time, I remain optimistic and resilient, knowing that I am continually striving to do better.

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

    My advice to the younger pool of lawyers is to remain focussed, patient, persistent and consistent; seek out mentorship; and embrace lifelong learning. By adhering to these mantras, young lawyers can build a solid foundation for a successful and fulfilling career in the legal profession.

    Get in touch with Aditi Verma Thakur-

    Website of the firm: https://www.ediplis.com/

  • “AI would be a game changer in national security, personal privacy and the job market in general”- Anandh K, Advocate-on-Record, Supreme Court of India and Partner at SA Law

    “AI would be a game changer in national security, personal privacy and the job market in general”- Anandh K, Advocate-on-Record, Supreme Court of India and Partner at SA Law

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

    Can you tell us about your journey into the field of law, particularly what motivated you to pursue an LL.M. in Corporate Law & Governance after your B.S.L., LL.B. degree?

    As far back as I can remember, law as a profession had always piqued my interest. My mind was set on law and ILS Law College, Pune was ranked No. 1 in a popular survey around the time I finished 12th standard. There I was in Pune. I loved that city from the moment I reached the Pune railway station. I had learnt Hindi in school, but it was bookish and my friends thought I was showing off speaking like a poet. The illusion was dispelled quickly when they realised bookish or not, my Hindi was below average. If my Hindi teacher (Late Ms Usha Rajagopalan) had known, she would have quit teaching twice over – once for people thinking I spoke chaste Hindi and once for making it known to the world that all her efforts on me were rather wasted. But there I learnt law, bits and pieces of Hindi and Marathi. I am very fond of my professors from Pune; they were all great mentors. Dr. Jaya Sagade and Ms. Smita Sabne hold a special place in my heart. I also have some of my most cherished memories with friends in Pune.

    I decided to complete my post-graduation before entering into the profession. I wasn’t sure I would be able to take a break for further education once I started working. I was naturally inclined towards taxation and corporate law, perhaps due to my commerce background in school. I got into NALSAR University of Law. There I met some great professors and made great friends. I was also happy about extended college life. 

    How did your educational background, including your diploma in National Security and International Relations, influence your approach to practicing law, especially in the areas of corporate governance and international investment law?

    Pune is a city of world-class colleges and educational institutes. I joined as many courses as I could. I was and am fond of politics, international relations and national security. The IR course taught me to see the big picture of domestic policies and regulations. India’s economy and its growth is inextricably linked with a whole set of factors and even a minor difference in the mix would have far reaching ramifications. IR opened my eyes to the consequences and effects (primary, second order and tertiary) of each policy and regulation within the country, their interplay with India’s foreign relations. 

    Investment law was part of my LL.M. instructed by Professor V. Balakista Reddy. After class, I used to assist him in several of his assignments which gave deeper insights on the subject and the influence it holds over the domestic affairs of India.

    Even as we as a nation are growing from strength to strength, I find myself going back to the lessons learnt from these courses. I draw upon these to contribute to the general legal discourse in the country in my own small way. And in my own practice, it helps me ruminate over the wider aspects of any given case.

    From my own experience, I would advise every student of law to actively seek and acquire knowledge from diverse disciplines and not restrict oneself to law books alone.

    As the managing partner of SA Law, you handle a wide range of legal matters. Could you share with us some memorable cases or experiences that have shaped your perspective on the legal profession?

    I have been fortunate to work in a range of cases across several forums and cities. Rather than go into specific instances I will share what I have learnt or what has been reinforced in me.

    I have and will always consider myself a student of law. Not just my experiences in managing a Firm, but my experiences even as a junior advocate in the profession have influenced my thoughts and approach to my practice.

    I always bear in mind the wisdom imparted by several seniors over the years – be ethical, one’s reputation is more valuable than the money one makes in a matter or a lifetime, be humble and honest with the court, do not hide facts which may be against you and always read and review your own work. These are the broad principles which have guided me. Each day, I realise more and more the importance and truth in these pearls of wisdom. 

    Be thorough with the facts; prepare to present the matter as if the judges do not know anything and at the same time as if they know everything, that way one will eliminate the room for lacunae in preparation; cross-check every work product prepared by one’s team and also have one’s own work product carefully reviewed; these are the other thoughts which influence my approach to work.

    You’ve been involved in advising tech-based businesses and startups on legal and regulatory aspects. What unique challenges do these clients face in terms of technology laws, and how do you navigate them?

    In India, we suffer from too much regulation in certain areas and too little regulation in certain others. We are evolving as a nation in this regard. Both the legislature and the judiciary are wise to the regulatory quagmire. There are some promising steps being taken. Technology as an interface will also mitigate several of the challenges faced by both clients and lawyers. 

    Some clients have to find a way in the labyrinth of regulations and stay on the right-side of law without the burden of compliance sounding the death knell to the business. Some clients have to be told that what is not regulated does not mean that it is prohibited. Especially, newer kinds of business find themselves without any regulatory guidance and often these companies liaison with the regulators to bring about a law to govern their industry. Fintech is a classic example of industry-led regulation. It also has the danger of bias when business lead the way of regulations. But India has done well in that department overall. Of course, one can always improve. 

    Tech based companies making a foray and disrupting the finance, education or medicine industries find themselves facing unique business as well as legal challenges. Some of these issues were deliberated upon by experts from various fields in the Vichaar 2024 Conclave organised by our Firm. Right from designing the contracts that govern the relationship of the clients inter se, with their vendors and users, to the regulatory obligations under the law, new-age companies present issues which may not have any precedence and defy the template-model of transaction and conveyance practice. Without understanding the business there is no way one can find the thin line between legal and illegal business operations. The first step for any technology lawyer is to first understand the technology and the business. Then one must revisit the principles of law. I always find it useful to re-read the provisions of law and their interpretation before providing any advice. I feel this is especially important for start-ups as any misstep may cost dearly to not only the clients and their investors, but may also adversely impact the technical solutions piloted by such start-ups. And never cut corners.

    Cyber law is not a new expression in India’s legal system. But as technology evolves, tech-law also has to keep pace. We are all waiting for life to be breathed into the Data Protection Act. Fast evolving technology like AI is full of possibilities, opportunities and at the same time massively disruptive capabilities. AI would be a game changer in national security, personal privacy and the job market in general. This presents a huge challenge to everyone with stakes in the law and policy field to anticipate, prepare and adapt for the changes while safeguarding the core constitutional promises to citizens.

     Your experience includes handling pro bono cases for individuals with meagre incomes and working with NGOs like SEWA Bharat. How has this aspect of your work impacted your overall legal career?

    Every case is satisfying in its own way, be it contesting the unsustainable tax demand, bringing defaulting corporate debtors to books, dealing with breach of service law, championing the cause of unjustly terminated labour in getting justice, or representing the parties involved in the criminal justice system. 

    By nature, I have never been particular about money – not a great quality when you are managing your own practice, but that is what it is. So when I help someone in need, I do not feel altruist or special about it. It is what I am and what I do. But these cases also humble me, and they make me realize more and more the nobility of the profession.

    At the same time I would add this: ask any senior in any court and they will tell us to work harder on pro bono cases or cases where we are advocating the cause of some social organisation. These are cases which can shatter the delicate reputation that any lawyer has to build with great diligence and time. I take these words of caution with utmost seriousness.  

    Could you discuss your role as a senior associate at Lakshmikumaran & Sridharan, particularly your involvement in indirect tax matters and your appearances before various authorities and courts?

    I had one of the most enriching experiences of my life at LKS. It was a great learning experience. A large firm like that gives one the opportunity to work with seasoned and consummate professionals at the top of the game. One learns from individuals with great differences in style and approach. Where one senior demands perfection in the draft another would require extensive research even on issues tangential to the matter, just to be thorough and to leave nothing unprepared. I also had the opportunity to work from some of best Senior Advocates involved in indirect tax cases, from Mr. Harsih Salve, Mr. P. Chidambara, Mr. Arvind P. Datar, Mr. Santosh Bagaria, Mr. N. Venkataraman to Mr. V. Sridharan. 

    I worked closely with Mr. V. Lakshmikumaran during the time the Supreme Court constituted a special tax bench to speedily dispose of long-pending tax cases, including assisting him before the 9-judge bench Entry Tax matter. That was my first constitution bench matter. Thanks to him, I honed my ability to quickly navigate any brief, anticipate the questions and prepare for the same. Under him, I learnt the importance of preparing to explain the most basic points of a subject and at the same also to present the most nuanced and sophisticated points of the same subject. During the time the special tax bench was there, I was fortunate to have worked on more than 200 final hearing cases, which is a very rare opportunity for anyone in the profession. I must say this – the pace of Justice A.K. Sikri and Justice R.F. Nariman on the tax bench kept all of us on our toes and the entire team working on Supreme Court matters would have worked for close to 16 hours a day!

    Apart from appearing in the Supreme Court, I have handled cases before the Delhi High Court, CESTAT and at Commissionerate level. In all these, I have been the beneficiary of guidance and friendship of several lawyers of the firm. In no particular order, I am grateful for the time and guidance of Mr. B.L. Narasimhan, Mr. Amit Jain, Mr. Hemant Bajaj, Mr. MP Devnath and Ms. Jenny Verghese. Some of my former colleagues are today friends beyond and outside the profession.

    You’ve been actively engaged in conducting seminars and talks on legal issues for law students and professionals. What inspired you to take on this educational role, and what do you hope participants gain from these sessions?

    While in college, I read somewhere that the best way to learn a subject is to teach it. I started making presentations purely to learn topics, but I soon realised that I enjoyed the process of learning, sharing what I learnt and learning more in that process. I have since carried on with conducting such sessions with students. It is a way for me to learn more and to also give back to my profession.

    I also feel that due to the nature of the profession and the enormous syllabus which needs to be covered in college, nuances and practical aspects cannot be taught solely by the law institutions. Seminars and conferences which bring practical experience to the classroom serve to fill the gap of what can be taught in a traditional environment and what is expected/ required in the market. So our endeavour at the Firm is to bring the niceties of legal practice across to the students and aspiring young professionals.

    Lastly, based on your journey from law school to becoming a managing partner and advocate-on-record, what advice would you give to fresh graduates aspiring to enter the legal profession, especially in the areas of corporate law and governance?

    Legal profession is a rewarding and at the same time a highly demanding profession. The foremost demand placed by the profession is on the health of the individual, both physical and mental. Focusing on maintaining good health and creating a daily routine around which to organise every aspect of your life comes first. There are time-tested and well-respected qualities expected from any lawyer and law student – commitment, professional knowledge, professional competence, hard work, attention to detail and being well-informed about the developments in the society. By professional competence I don’t mean only written and oral communication skills, but I include adherence to ethical standards and providing honest advice to clients, even if such advice is unpalatable to the client. These are necessary but not sufficient conditions for success in the profession. Consistency, professional and personal integrity, steadfast adherence to professional ethics and building a good network are factors which make or break a career. To add a few words about personal integrity – a lawyer is somewhere between the society at large and the centres of power (though often the roles overlap) and hence, must bear the extra weight of responsibility to the society more so than most other professions and at all times conduct themselves as an ambassador of the profession.

    Speaking specifically about corporate law – keeping pace with business and economic development, learning about the evolving business trends, training to put oneself in the shoes of an entrepreneur – these are the qualities one must develop.

    I have saved the best for the last. Patience and unwavering self-confidence. These are, of course, empty shells if one doesn’t check all the boxes above. 

    Get in touch with Anandh K-

  • “The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment”- Anita Jain, Partner at IC Universal Legal

    “The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment”- Anita Jain, Partner at IC Universal Legal

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

    Can you share with us the pivotal moment or experience that led you to pursue a career in law, especially considering your initial inclination towards marketing and sales?

    As a teenager, I was very keen to pursue a career in the field of sales & marketing and enrolled for a specialized course in marketing & sales. The course was being conducted by the esteemed Narsee Monjee college of commerce & economics. It was a certificate course at the Higher Secondary school level for the academic session 2005-2007. I was all set to pursue bachelor’s in management studies and to follow it up with a master’s in business administration. It couldn’t have been a mere coincidence that my dad had to file a special leave petition in supreme court at around the same time. He so strongly wished we had a lawyer in our family who would manage all the family’s legal matters. Dad would narrate to us siblings the regular courtroom happenings in that matter. The narrations stirred in me a great interest in the profession of lawyering. Around the time I was wrapping up my junior college, dad was fully convinced that I would make a fine lawyer. Thus, I enrolled for a five years integrated law programme at Government Law College fulfilling my dad’s long held wish. 

    Transitioning from a specialized vocational course in marketing and sales to pursuing a degree in law must have been quite a shift. How did you navigate this transition, and what motivated you to embrace it wholeheartedly?
    Contrary to the popular belief, one really doesn’t need a grounding in law as a sine qua non for maturing perfectly. Honestly, the first year in college was completely orientational. Towards the beginning of the second semester all my scarcely precious lawyering skills were severely tested in an intra-college Moot Court event. I enjoyed studying law and shared the commonly found eagerness amongst law college nestlings – to apply all freshly earned knowledge to the various real-world situations at the drop of a hat. Much like my new peers I too quickly realised that the procedural aspects of the real courtroom made it a different place and the experience was overwhelming.
    In my early days, the prevalent myth was that courtrooms would be the eternal resting place for lawyers. It wasn’t late when after only a handful of interactions with the college seniors and professors alike, I realized that a degree in law would rather open up a wide range of career opportunities across sectors viz private practice, government sector, academia, nonprofit organizations and corporate world to name a few. All of that really motivated me to gain a deeper understanding and knowledge of business laws. Consequently, I also enrolled for the company secretary course to gain a deeper understanding about the corporate laws. 


    Your journey seems to have been influenced significantly by your father’s vision of having a lawyer in the family. How did his guidance shape your perception of the legal profession, and what role did it play in your career decisions?
    Precisely as the words ‘a lawyer in the family’ convey, his longing stemmed from the need he felt as a common man to successfully negotiate the turns and bends of the tortuous legal system. The trust you have on family you would not find anywhere even though you entrust your wellbeing into the hands of professionals. The missing link was the element of trust. Thus, he secured in his daughter a legal professional of utmost competence and trust. As a lawyer I hold these two virtues above anything else. My father was a businessman and ethics formed the bedrock of his enterprise. He believed that
    one shall pour his/her heart and soul into whatever he or she does”. I have been unconditionally following that belief to this day. He instilled in me a sense of propriety and wisdom. For him lawyering was not merely about securing judgments but much more about securing the larger interests of the common man and the wellbeing of the society as a whole. Two wrongs don’t make a right. Balance of time and resources is optimised through informed legal reasoning. Conciliation and mediation were the approaches rooted in my father’s vision of law as a means for rapprochement in the never-ending wrangle of lis and I have borrowed heavily from him to strike a fine balance between approaches hawkish and dovish without actually lending myself to either.

    Your sabbatical to focus on well-being and completing a Vipassana course is intriguing. How did this break impact your professional outlook and approach towards your legal career?
    Initially, I was very hesitant to take a break and had few concerns about taking a sabbatical from a career progression perspective. I was worried that taking time off would lead to falling behind in the field or missing out on opportunities for advancement. I had addressed these concerns and weighed them against the potential benefits of a sabbatical.
    Vipassana is one of India’s ancient techniques of meditation. It is this observation-based, self-exploratory journey to the common root of mind and body. The entire practice is actually mental training. The human body is not a machine. We have a mind and a soul. You can’t be good to your calling unless you are good to yourself. Your mind has to free itself for new ideas to sink in. The fourth dimension of spiritual creativity widens your field of view. Just as we use physical exercises to improve our bodily health, Vipassana can be used to develop a healthy mind.
    My outlook towards life (including professional goals) completely changed during that sabbatical. I realized that it was important to focus on one’s well being to do a long marathon rather than aiming at a short sprint.

    Having worked with various esteemed firms and handled significant projects, could you highlight a particular project or accomplishment that has been the most fulfilling or impactful for you so far? Invariably every completed project gives you a happy feeling. However, one unforgettable experience at IC Universal Legal, which has simultaneously been the most fulfilling & impactful, was of getting an opportunity to assist a committee of experts on investment funds, constituted by the International Financial Services Centres Authority (IFSCA) to review global best practices in making recommendations to the IFSCA on the roadmap for the industry. It was another great opportunity to have been able to contribute to the development of the investment funds regime at IFSC. The regular advocacy initiatives undertaken at IC Universal Legal makes my association very enriching and highly rewarding.

    Your expertise lies in funds practice, particularly in the asset management domain. What are some key challenges you face in this area, and how do you approach addressing them? 

    The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment. It brings forth challenges hitherto unseen and the scales and stakes involved are of epic proportions. One of the biggest challenges being faced by the contemporary asset management industry is that of the continuously evolving and somewhat complicated regulatory landscape. The industry functions subject to various regulations and guidelines issued by the SEBI & RBI, to name a few. Asset management lawyers need to remain ever updated and familiar with the continuously evolving regulatory framework. An in-depth understanding of the regulatory working mechanism is another indispensable requisite to say the least. At IC Universal Legal, we have detailed biweekly sessions entirely focussed on the latest legal developments, regulations and industry best practices. My role entails collaboration with clients, legal professionals and other industry stakeholders for the exchange of knowledge, sharing of best practices, and addressing common challenges collectively. 

    In addition to your professional journey, we’re curious to know if you have any hobbies or interests outside the work zone? 

    I have a passion for traveling. I enjoy traveling for leisure, engaging in adventure sports, outdoor activities such as scuba diving, river rafting, sea walking etc. My Wishlist is to catch northern lights soon and also cover major rafting zones across the world. 

    On weekends, I love exploring cafes across Mumbai to find the best smoothie bowl and hot chocolate. My friends call me Zomato and ping me for instant recommendations. 

    As a seasoned professional in the legal field, what advice would you give to fresh graduates who are aspiring to build a successful career in law, especially considering the evolving landscape of the industry?

    • “Be Yourself‘. Don’t benchmark your aim and purpose of life against someone else’s life achievements or goals. Draw inspiration from other people’s achievements. Introspect upon what you really want in life; define your goals wisely. Don’t participate in the rat race or glorify the hustle culture. Have your own vision and road map for your career goals. 
    • Track the latest developments in the legal field, especially in areas of law that interest you the most. 
    • Along with Intelligence Quotient, focus on soft skills such as communication, negotiation, problem-solving, and emotional intelligence. These skills are crucial for building relationships with clients, colleagues, and stakeholders and navigating complex legal situations.
    • Don’t take shortcuts, be honest and commit to learning to gain in-depth knowledge about the field. 
    • Attend legal conferences, events and sessions as this will help in building some great network and add to the learning curve. 

    Get in touch with Anita Jain-