Super Lawyer

Tag: Lawfirm

  • “Leadership isn’t about rank; it’s about professionalism, setting an example, and teamwork. Whether in the field or the office, that’s what builds commitment and trust.” – Ronen Avner, Tax Partner at Herzog, Fox & Neeman

    “Leadership isn’t about rank; it’s about professionalism, setting an example, and teamwork. Whether in the field or the office, that’s what builds commitment and trust.” – Ronen Avner, Tax Partner at Herzog, Fox & Neeman

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

    You have an impressive academic background in law and accounting, coupled with your experience in the Field Intelligence Corps. Can you share with us what inspired you to pursue a career in tax law, and how your journey has evolved from your early days as a legal intern to becoming a Partner at Herzog, Fox & Ne’eman?

    My path to tax law began at university. However, with Israel having the highest density of lawyers per capita in the world, I wanted to have something extra to stand out. My interest in finance led me to pursue an accounting degree alongside law. I enjoyed almost all of my legal courses, but tax law stood out and felt like the perfect combination of my interests. Additionally, in tax practice, both areas of expertise (law and accounting) come together, allowing me to maximize the use of my knowledge and capabilities.

    Becoming a partner at Herzog, Fox & Ne’eman, Israel’s leading law firm, was a goal I set from the start. After law school at the Hebrew University of Jerusalem, which is probably the best law faculty in Israel, I was allowed to intern at Herzog, and even though I left for a few years to complete my CPA qualification, I was determined to return. That persistence, combined with hard work and dedication after rejoining the firm, eventually promoted me as a partner in the tax department.

    Your experience as a commanding officer in the Field Intelligence Corps must have provided you with unique leadership skills. How has your military background influenced your approach to leading teams and managing complex tax cases? Could you please share your experience as a commanding officer?

    While there are key differences between leading military teams and legal teams, the core principle remains the same: leadership isn’t about rank; it’s about professionalism, setting an example, and teamwork. If your team looks up to you and knows you have their best interests at heart, they’re more likely to be motivated and committed to the work.

    My military experience also taught me that pushing a team too hard can backfire. There’s a fine line between creating a disciplined, professional team and overwhelming them. This balance is something I carry with me when managing legal teams today. Another key takeaway from military service is perspective. After leading teams under life-threatening conditions, I’ve developed a calmness in office life. Having experienced the intensity of field command, I received tools (such as the importance of preparations, practice, meeting timelines, etc.) that helped me stay more focused in the face of tough client meetings or deadlines. In my opinion, understanding this balance is crucial for every legal practitioner.

    Could you please describe some of the most challenging tax cases you’ve handled, particularly those involving international aspects like MAPs (Mutual Agreement Procedures) and APAs (Advance Pricing Agreements)?

    Dealing with multinational enterprises, aggressive tax authorities, and multi-million-dollar tax assessments can be complex, but that’s what makes these cases so interesting. Over the years, I have been involved in numerous tax audits, many of which eventually developed, per Herzog’s recommendation, into MAPs. One case involved an Israeli subsidiary of a major US tech company. The Israel Tax Authority (ITA) claimed that the Israeli company transferred all its functions, assets, and risks (FAR) to its non-Israeli parent company shortly after its acquisition. This argument is raised by the ITA against almost every Israeli company acquired by a multinational group. The ITA’s position, which we believed was baseless, resulted in a USD 40 million tax assessment. After the taxpayer’s administrative appeal was rejected by the ITA, we took the case to the Israeli District Court. At this stage, we also recommended the taxpayer initiate a MAP. After years of litigation and negotiations, the ITA eventually admitted to the US Competent Authorities that it could not support its arguments and dropped the assessment entirely, accepting the original tax returns.

    Another interesting international case I handled did not require a MAP, fortunately, but demonstrated some of the challenges that global activities of multinational enterprises (MNEs) create from a tax perspective. In this case, we had to convince the ITA of the appropriateness of a complex transfer pricing method, which resulted in most Israeli revenue and potential profits being attributed to other group entities. The case involved an Israeli subsidiary of a European-based multinational group. The group implemented a complex transfer pricing methodology called the Residual Profit Split Method (RPSM) for allocating profits among group entities based on their contributions to the business. After multiple meetings, the ITA accepted the methodology and its implementation and upheld the company’s tax filings. This was especially challenging, considering the fact that the ITA’s ability to audit the worldwide implementation of the transfer pricing methodology by the group was limited.

    How do you stay updated with the ever-evolving tax laws and regulations both in Israel and internationally? Are there specific resources or practices that you rely on to maintain your expertise?

    Staying up to date is crucial for every law practitioner, especially in the dynamic field of tax law. I follow newsletters from top law and accounting firms in Israel and abroad, keep an eye on updates from the ITA, review court cases weekly, and attend both local and international tax conferences. 

    At Herzog (and also PwC Israel, where I worked for two years), we encourage our teams to stay updated and hold periodic update meetings. We have regular team discussions to review new developments, which help everyone stay sharp. Personally, I make it a point to dedicate at least one hour a week to reading and catching up on new developments. I also try to learn as much as I can from my team and partners: if I overhear an interesting discussion between partners, I try to participate, even if it’s not billable (yes, billable hours aren’t everything!).

    Additionally, outside of formal meetings, I often discuss cases and ideas with colleagues. These discussions are invaluable for staying current in such a fast-changing environment.

    You’ve been involved in drafting responses to the Israel Tax Authority’s circulars and proposed legislation. What role do you think legal professionals should play in shaping tax policy, and how do you approach this task?

    Tax law is intricate, and changes in one area can have a ripple effect on others, impacting various aspects of taxpayers’ business activities. That’s why legal professionals must be involved in shaping tax policy. The Israel Tax Authority has significant expertise, but legal practitioners bring insights from daily interactions with clients and authorities. This practical experience is invaluable for refining policies and regulations.

    When working on policy, I believe it’s important to broaden our perspective beyond just clients’ interests. We need to think about what’s best for the taxpayers, the business community, and the overall relationship with tax authorities. Constructive feedback from legal professionals can lead to better, more balanced tax laws and policies. Working on legislation allows practitioners and regulators to collaborate, fostering relationships that may later be beneficial for more efficient tax audits.

    Throughout your career, you have mentored teams and led significant tax projects. What key lessons have you learned that you believe are crucial for young legal professionals entering the tax field today?

    My advice is simple: aim high and always strive to do your best. Surround yourself with the best people, challenge yourself, and continually seek improvement. The best way to grow is by pushing yourself, whether through challenging tasks or by working with top professionals, which often goes hand-in-hand with studying or working at highly-ranked universities or firms.

    Also, never underestimate the value of learning from those around you. You can learn from anyone—a boss, a colleague, even representatives of the tax authorities. Every task, no matter how small, is a learning opportunity. Pay attention to details, understand the bigger picture even if your task is limited, and don’t be afraid to ask questions when the time is right.

    Looking forward, what do you see as the biggest challenges and opportunities in the field of tax law, particularly in the context of digital economies and global trade?

    The ever-increasing global trade and the digitization of commerce present significant challenges and opportunities in tax. On one hand, businesses can now operate in markets and jurisdictions previously inaccessible. Additionally, tax authorities are offering incentives to encourage companies to relocate. On the other hand, new regulations like the OECD’s BEPS project, especially Pillar 1 and Pillar 2 rules, are adding layers of complexity to tax planning and compliance for multinational enterprises. These trends will require tax professionals to be more creative than ever, developing a deep understanding of clients’ business activities and becoming familiar with global tax regimes to provide the best advice.

    AI technologies could also significantly impact the tax field. While tax authorities are in the early stages of using machine learning and big data, it’s likely only a matter of time before these tools are more widely adopted in audits. This will create challenges for taxpayers but also open new opportunities for professionals prepared to navigate these changes.

    With your demanding career and significant responsibilities, how do you find time to unwind? What are some of your favorite ways to relax and recharge outside of work?

    Maintaining work-life balance is a challenge, but I’ve learned that it’s essential. Early in my career, I had a rule of not working at home, even if it meant long hours at the office, late nights, etc. At a certain point, I decided to change my approach. Now, I wake up earlier to exercise, tend to my garden, and spend time with my dog before starting the day. I also make it a point to have dinner with my family, recharging before diving back into work later in the evening. This balance has made a significant difference.

    Get in touch with Ronen Avner–

  • “Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law”- Paridhi Tyagi, Former Associate Partner at Sim And San

    “Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law”- Paridhi Tyagi, Former Associate Partner at Sim And San

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

    Can you share with us how you initially became interested in pursuing a career in law, particularly in the field of Intellectual Property?

    My inclination towards pursuing a career in law, particularly in Intellectual Property (IP) law developed through a combination of academic exposure, personal interests, and professional experiences.

    During my academic journey, while studying Intellectual Property Rights (IPR) as a subject, I was always fascinated by how innovation and creativity drive progress in various fields, and I became particularly interested in how these creations could be protected and leveraged legally.

    Moreover, my internship provided invaluable real-world exposure to IP issues. Engaging directly with trademark and copyright matters during this period not only equipped me with practical skills but also deepened my comprehension of the nuances of IP law.

    In essence, my foray into IP law has been shaped by a trifecta of academic intrigue, hands-on experience, and a personal ardour for innovation and creativity. IP law uniquely amalgamates these passions, offering a vibrant avenue to contribute meaningfully to diverse industries by ensuring rightful recognition and protection for creators and inventors.

    What were some of the pivotal moments or experiences during your early career that solidified your passion for Intellectual Property law?

    Having a good mentor during the nascent stage of one’s career is imperative, and I consider myself incredibly fortunate to have had one.  I was grateful to have a brilliant mentor early on in my career, Mr. Vikrant Rana, whose guidance was instrumental in shaping my career path and deepening my passion for Intellectual Property law.

    Early on, I was entrusted with significant responsibilities, such as managing client portfolios and participating in strategic meetings. These experiences not only built my confidence but also reinforced my commitment to this field.

    Moreover, I actively participated in various international conferences, including INTA, AIPPI, and APPA, and served as a committee member for INTA in 2019 and the present term. These conferences provided me with the opportunity to interact with industry experts and brilliant legal minds from across the globe. Engaging with the broader IP community during these events expanded my horizons and ignited my enthusiasm for making meaningful contributions to the field.

    You’ve worked with a diverse range of clients over the past decade. Could you highlight some of the most challenging cases you’ve worked on and how you navigated them?

    Over the past decade, I’ve had the privilege of working with a diverse range of clients in various industries. This experience has exposed me to several challenging cases that required innovative thinking and strategic problem-solving.

    One particularly gratifying experience involved facilitating the seamless entry of a Fortune 500 company into the Indian market. This process was comprehensive and multifaceted, requiring meticulous due diligence to ensure a successful outcome. We began by conducting thorough market research to identify any potential conflicts with existing trademarks. This involved analyzing market trends, studying consumer behaviour, and assessing the competitive landscape to ensure our client’s brand would stand out without causing confusion.

    Central to this process was the meticulous avoidance of market confusion. Extensive trademark searches and evaluations were conducted to affirm the distinctiveness and legality of our client’s brand, thereby pre-empting any legal disputes that might arise from similarities with existing trademarks.

    A significant hurdle we encountered was navigating potential obstacles, notably third-party marks that could hinder our client’s market entry. To address this, we devised a strategic buy-out plan. We approached the holders of these third-party marks and successfully negotiated buy-out agreements, effectively removing any legal barriers and ensuring a clear path for our client’s brand.

    In another instance, I managed a trademark dispute for a pharmaceutical company. The challenge here was the potential market confusion due to the similarity of our client’s trademark with that of a competitor. To address this, we conducted extensive market research and gathered evidence to demonstrate the distinctiveness of our client’s brand. Also worked on negotiating a settlement that included coexistence agreements, allowing both parties to continue using their respective trademarks without consumer confusion. This not only resolved the dispute amicably but also preserved our client’s market position.

    In each of these cases, the key to navigating the challenges was a combination of deep technical knowledge, strategic legal thinking, and effective communication. Collaborating closely with clients to understand their needs and goals, leveraging expert insights, and maintaining a proactive and solution-oriented approach were crucial to achieving successful outcomes.

    Innovation and adaptability are crucial in the legal profession, especially in IP law. How do you stay ahead of the curve and ensure your strategies remain effective in a constantly evolving landscape?

    Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law. I focus on several key areas:

    · Continuous Learning and Professional Development: Staying updated through conferences, webinars, advanced courses, and leading IP law journals.

    · Technological Proficiency: Embracing technology is essential in modern legal practice. I utilize advanced legal research tools and databases to conduct thorough and efficient research.

    · Networking and Collaboration: Engaging with IP professionals through associations and forums for knowledge sharing and best practices.

    · Client-Centric Approach: Understanding clients’ industries and anticipating their needs to tailor strategies and mitigate risks.

    · Emerging Trends: Keeping an eye on emerging trends is vital for staying ahead. For instance, with the rise of digital technologies and artificial intelligence, new IP challenges and opportunities are constantly arising. I invest time in understanding these technologies and their legal implications, ensuring that I can provide informed and forward-thinking advice to my clients.

    · Interdisciplinary Knowledge: IP law often intersects with other fields such as technology, business, and international law. I strive to broaden my knowledge base by studying related disciplines. This interdisciplinary approach allows me to address complex IP issues more effectively and to develop comprehensive strategies that consider various legal and business factors.

    · Strategic Thinking and Innovation: Lastly, I regularly brainstorm to develop creative solutions to challenging legal issues. I also conduct post-case reviews to identify areas for improvement and to refine strategies continuously.

    Can you describe a particular success story where your IP strategy significantly benefited a client? What were the key factors that led to this success?

    Recently, I was involved in a comprehensive worldwide due diligence for a client who was acquiring a company primarily based on its intellectual property (IP) assets. During this process, we uncovered a significant discrepancy – a large portion of the IP assets were found to be invalid, which had a profound impact on the agreed amount for the sale and purchase of these assets.

    The key factors that led to this success were thoroughness and diligence in conducting the due diligence process. We left no stone unturned in scrutinizing the IP portfolio of the target company, ensuring a meticulous examination of trademarks, copyrights, and other relevant IP assets across multiple jurisdictions.

    Additionally, effective communication with the client was crucial. We kept them informed at every stage of the due diligence, discussing findings promptly and transparently. This allowed the client to make well-informed decisions based on accurate information, mitigating potential risks and maximizing the value of their investment.

    Furthermore, our ability to adapt and strategize in response to unexpected findings played a pivotal role. Upon discovering the invalidity of a significant portion of the IP assets, we swiftly reevaluated the deal terms and renegotiated the purchase price, ensuring our client was protected from potential financial liabilities.

    This experience underscores the importance of conducting thorough due diligence in IP transactions. By meticulously assessing the quality and validity of IP assets, we were able to safeguard our client’s interests and ensure a successful outcome despite encountering unforeseen challenges.

    As an innovative thinker and adept communicator, how do you approach complex legal issues to make them understandable for your clients?

    As an innovative thinker and adept communicator, I use several key strategies to make complex legal issues understandable for my clients:

    · Simplifying Legal Jargon: I break down legal terminology into plain, everyday language to ensure clear and straightforward explanations.

    · Using Analogies and Examples: Employing relatable analogies and examples helps convey complex legal concepts in a more concrete and understandable manner.

    · Tailored Communication: I adapt my communication style to fit each client’s background and expertise, offering more straightforward explanations for those with less legal knowledge and deeper details for those with a legal or technical background.

    · Step-by-Step Explanations: I break down complex issues into manageable steps, walking clients through each phase of the legal process and clarifying the significance and implications of each step.

    · Active Listening and Engagement: I actively listen to clients’ concerns and questions, engaging in two-way dialogue to address confusion and ensure clients feel heard and understood.

    · Written Summaries and Follow-Ups: Providing written summaries of discussions and next steps reinforces understanding, and I encourage clients to review and ask follow-up questions to maintain clarity on progress.

    By combining these strategies, I ensure my clients understand their legal issues, feel confident, and make informed decisions. This approach builds trust and fosters a collaborative, transparent attorney-client relationship.

    You’ve held various positions, from Senior Associate to Associate Partner. How has your role evolved over the years, and what have been some of the key lessons you’ve learned along the way?

    In my career journey, I’ve seen significant role changes, progressing from Senior Associate to Associate Partner. This progression has been marked by a continuous pursuit of growth and learning, fuelled by my inherent love for hustling and the perpetual fire in my belly to improve every day. One of the key lessons I’ve learned is the importance of adaptability. As I moved up the ranks, I encountered diverse challenges that demanded flexible approaches and innovative solutions. Embracing change and being open to new ideas became essential traits that helped me navigate through various professional landscapes. Another vital lesson has been the significance of effective communication and relationship-building. As I assumed more leadership responsibilities, I realized the critical role that clear communication plays in fostering collaboration and driving success. Building strong relationships, both internally and externally, became instrumental in achieving organizational objectives and delivering value to clients.

    What advice would you give to fresh law graduates who are considering a specialization in Intellectual Property law?

    Begin by building a strong foundation in Intellectual Property (IP) law and understanding relevant statutes and regulations. Engage in networking opportunities, such as attending seminars and joining professional associations, to gain insights and advance your career. Seek practical experience through internships with IP law firms to gain hands-on exposure to real cases and client interactions.

    Lastly, stay curious and hungry in your learning journey, adapting to new technologies and trends to succeed in this dynamic and interdisciplinary field. By staying curious and continuously seeking opportunities to learn and grow, fresh law graduates can position themselves for success in this rewarding and intellectually stimulating area of law.

    Get in touch with Paridhi Tyagi-

  • “The experience of handling complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics”- Adarsh Saxena, Partner at Cyril Amarchand Mangaldas.

    “The experience of handling complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics”- Adarsh Saxena, Partner at Cyril Amarchand Mangaldas.

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

    Can you walk us through your journey to becoming a disputes lawyer, particularly focusing on what drew you to this field and how you navigate your career path to reach your current position at Cyril Amarchand Mangaldas?

    I was drawn to the law because of my love for debating and for solving puzzles. For the same reason, disputes were a natural choice. Being a first-generation lawyer, I opted to join a law firm because I felt that is where I would have the most opportunities. I was recruited directly from campus by what was then the Mumbai office of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS). After AMSS split in 2015, I continued working with the same set of colleagues at Cyril Amarchand Mangaldas (CAM). I worked hard and tried to approach each assignment with the same amount of intensity. Having the opportunity of working on unique cases has ensured that I have been regularly confronted with new challenges in areas of law that I have not previously encountered. I have been fortunate to have excellent mentors to guide me through my professional journey. This positive experience caused my continuation with AMSS/ CAM for over a decade. Becoming a partner in 2019 brought with it a new set of responsibilities. I believe that the most important of these involves managing a team and being responsible for the professional growth of my team members.   

    With your extensive experience in handling complex commercial litigation and arbitration cases, often with international aspects, could you share with us a particularly challenging case you’ve worked on? What were the key strategies you employed to navigate through the complexities of that case?

    A particularly challenging case I handled involved advising a court-appointed committee of administrators tasked with implementing reforms in a sports body. There were several stakeholders whose interests needed to be considered. Apart from the legal complexities involving multiple proceedings before the Supreme Court and different High Courts, I had to fulfil different roles including those of a traditional disputes lawyer (drafting pleadings, briefing senior advocates, and appearing in court) as well as those of a board-room advisor. There was little progress before the Supreme Court during the initial period. However, when different High Courts started passing orders in related proceedings and these were carried in appeal, the Supreme Court realised the need to expedite hearing of the matter. In this way, the strategy of precipitating matters before various High Courts helped progress the matter in the Supreme Court.    

    Your work spans across various sectors including sports, corporate governance, construction, infrastructure, media, banking/finance, securities, and energy. How do you approach transitioning between these different sectors when handling disputes? Are there any unique challenges or opportunities presented by each sector?

    I try to understand how each sector is organised and how the interests of each stakeholder are accommodated by the laws governing that sector. Applying this approach has helped me to understand the dynamics of the sector and I have found this invaluable when dealing with challenges unique to each sector. I have also been able to apply the learnings from one sector to another when I found similarities between them. The quality of the experience also plays a significant role. When you work at a large law firm, the nature of disputes that you work on are usually intricate and often first-of-their-kind. The experience of handling such complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics.  

    You’ve represented several large Indian conglomerates, a national sports body, court-appointed committees, and directors. Could you share some insights into how you adapt your approach when working with such diverse clients and stakeholders?

    Just like every sector has its own dynamics, each client has its own values and ethos. Often, two clients in the same sector will have different approaches to similar issues because of their organisational DNA. Some clients are primarily concerned with mitigating the potential financial consequences of a dispute whereas others are more concerned with retaining the trust of their customers/ suppliers and protecting their reputation even if that entails financial consequences. Working with such diverse clients and stakeholders requires a flexible approach that is in sync with the values and ethos of the client in question. I try to discern client priorities and, as far as possible, provide solutions that I believe will fit their value system. 

    Recently, you completed your LL.M. in International Commercial & Economic Law from the School of Oriental & African Studies, University of London. How has this additional qualification influenced your approach to handling disputes, particularly those with an international dimension?

    The experience of being in a classroom after over a decade of working in a law firm was enriching. Several of my professors were active disputes practitioners and came from different jurisdictions in Africa, continental Europe, the Middle East and the USA. The varied ways in which they dealt with issues that I faced during my work in India was extremely helpful in understanding the approach in their respective home jurisdictions. This insight is invaluable when handling disputes with an international dimension, especially in advising international clients and collaborating with international law firms. The course also helped me build upon my existing work experience in commercial dispute resolution and deepen my understanding of evolving areas like business and human rights.

    As a partner at Cyril Amarchand Mangaldas, you’ve not only handled legal aspects but also been involved in business development activities and managed teams. Could you share some strategies you’ve found effective in maintaining and strengthening relationships with key clients, as well as in managing and mentoring your team?

    I have found that understanding the commercial and other considerations that drive client behaviour is useful for empathizing with the client’s situation. For corporate clients, this helps me understand the pressures that the instructing legal officer is likely to be facing from the company’s business teams. This understanding is critical to ensuring delivery of quality advice in a timely manner. It is natural for clients to want to avoid disputes but I try to ensure that they remember me as the person who helped them on their last one. 

    Empathy has also been critical to managing and mentoring team members. For this purpose, I have drawn upon my own early experiences as a junior associate and listened patiently when my team members express themselves. One thing I have learnt over the years is to recognise that each team member is different. Staffing them on assignments that play to each team member’s strengths while giving them time to become more well-rounded professionals is a strategy that I have frequently employed. In my interactions with team members, I try to be as forthright as possible whilst ensuring that they remain motivated to constantly become better versions of themselves. 

    Looking back at your career journey, what advice would you give to law students or young professionals aspiring to build a successful career in disputes law, especially in the context of the Indian legal landscape?

    Based on my personal experience, I believe that there is no substitute for hard work. I have tried to treat every assignment as an opportunity to learn something new and not merely as a task to be completed. When appropriate, I did not shy away from making suggestions and providing inputs that went beyond what was asked of me. Having a positive attitude towards learning has helped me significantly. I have found that there is something to be learnt from each and every person, no matter how young or old. This has worked out positively for me and I believe that it will do so for any law student or young professional as well. 

  • “No matter how much law school prepares us, real life challenges take you by surprise”- Goutham RV, Counsel at Trilegal

    “No matter how much law school prepares us, real life challenges take you by surprise”- Goutham RV, Counsel at Trilegal

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

    Can you share the pivotal moments or experiences that led you to pursue a career in law, especially in dispute resolution?

    My journey to law was somewhat pre-destined, but I had not accepted all the signs. Growing up, I frequently visited courts with my father, a trial lawyer. Ironically, those visits initially deterred me from considering a legal career. But my disinterest in traditional science subjects made the writing on the wall clearer. During my higher secondary education, I was introduced to the unique world of law schools. This new perspective piqued my curiosity, and eventually, I found myself at NALSAR.

    It was during my time in law school that my path – as a disputes lawyer – became clearer. Reading Justice HR Khanna’s “Neither Roses Nor Thorns” profoundly influenced me. His principled stand in the Habeas Corpus case, especially his dissent, was both inspiring and instructive – this continues to be my favourite judgment and anchor of sorts.

    During law school, all my internships, predominantly centred around dispute resolution and this further cemented my interest. I saw first-hand, how enjoyable advocacy was and I resonated with it and took an active interest in moot courts. Come placement time, I heard NSE was visiting college for recruitment. Given that there are only a couple of exchanges in the country, and the role on offer involved litigation management, it made sense to work at NSE.  My selection for this position marked a significant turning point.

    Working at the Exchange, I was involved in several high-stakes litigation cases. While I prepared for the cases in detail and worked on strategies with external counsel, it was in the courtroom, as an observer, that I felt my calling to litigation. These moments in court crystallized my decision to transition from an in-house role to becoming a litigating lawyer. My mentor at NSE encouraged this shift, and Trilegal, where I now work, gave me the opportunity to realize this aspiration. The rest, as they say, is history.

    Your experience at NSE involved handling multi-faceted regulatory disputes. Can you shed light on the challenges you faced and the strategies you employed to navigate such complex regulatory issues?

    No matter how much law school prepares us, real life challenges take you by surprise. Although we studied a few of the legislations pertaining to the securities market, it is such a niche area with heavy regulatory oversight that the first few months felt like a return to the academic rigor of college.

    The first crucial lesson at NSE was understanding its dual nature. Firstly, it acts as a regulator of first instance, governed not only by a myriad of laws such as SCRA, SECC, and the SEBI Act but also by its own set of Byelaws, Rules, and Regulations. These are essential in overseeing every facet of the Exchange’s operations. Secondly, the Exchange operates like any other business, facing similar risks and requiring innovative strategies to remain competitive. My role was to bridge these two aspects seamlessly. This meant ensuring that new product ideas proposed by the business teams aligned with the regulatory framework established by SEBI. One strategy I personally employed revolved around prioritizing the Exchange’s regulatory responsibilities, ensuring all other initiatives conformed to this framework. A testament to this balancing act was our success in obtaining an exemption from the CFTC, a major U.S. regulator. This achievement, though time-consuming and challenging, was a significant milestone for us.

    As a key member of NSE’s proposed IPO team, could you share some takeaways from working on such high-stakes projects?

    Working on the NSE’s proposed IPO was a lesson in managing a multifaceted operation involving numerous stakeholders. You have the Company, the selling shareholders, the BRLMs, the Bankers, the Auditors, separate legal counsels for each of these stakeholders etc., and the Exchange’s proposed IPO was a landmark project for all involved. This complex process demanded extensive efforts from every department within the Exchange, with the legal team being no exception. In addition to providing information on the outstanding material litigations, we were also liaising with our internal teams and the Exchange’s external legal counsels (both domestic and foreign), who held the pen on the DRHP. Further, we were negotiating and finalizing all other agreements with the multiple intermediaries, all of which had its own challenges. 

    For me, the process was immensely challenging yet fulfilling. Successfully filing the DRHP within the established timeframe was a testament to our collective hard work and coordination. The experience underscored a vital management lesson for me: with well-defined goals, clear role delineation, and assigned responsibilities, even the most daunting tasks and deadlines are achievable. This endeavour reinforced the wisdom of the adage, “If you want to walk fast, walk alone. But if you want to walk far, walk together.” It was a powerful reminder of the strength in collaboration and shared purpose.

    Apart from the above, another intriguing aspect I gleaned from the IPO process is the concept of “self-listing.” Ordinarily, a company selects a stock exchange for its public listing. However, when stock exchanges themselves decide to go public, they have the option to list on their own platforms, a choice motivated by various factors. This practice is permitted in some jurisdictions, but my understanding is that SEBI ultimately did not endorse this approach. As a result, the country’s exchanges have to list on the competitor bourse. 

    Transitioning from being a Deputy Manager at the National Stock Exchange to becoming a Counsel at Trilegal seems like a significant shift. What motivated this transition, and how did your role at NSE influence your current focus on dispute resolution?

    At its heart, advocacy is about effective communication. This involves understanding the law, applying it to the facts of your case and ultimately seeking a relief for your client. This aspect of the legal profession has always been deeply fulfilling to me. While at NSE, I found myself on the periphery of advocacy, close yet not fully immersed. Thus, my transition from in-house role was motivated by my need to be in the driver’s seat. My confidence in my communication skills drew me towards dispute resolution.

    Coming from an in-house background, I had a clear understanding of the motivations behind corporate litigation, whether for strategic positioning, financial gains, reputation management, preserving shareholder value, or avoiding setting precedents. This insight has been invaluable at Trilegal, where I can effectively align with and contribute to our clients’ litigation objectives. My tenure at NSE taught me the importance of understanding the fundamentals first – we had to learn how a service / product worked, the legal and regulatory regime / challenges around it, the external risk-factors etc. and break all of this down to a Judge, who did not necessarily specialize in the securities market. This is an approach I continue to adopt with my current Clients and their cases. By understanding a client’s business and the rationale behind their litigation, I can create a clear and effective legal strategy. Therefore, lessons learnt during my time at NSE continue to be guiding lessons / principles in my current work.

    Moving to your current role at Trilegal, you deal with a wide range of matters, from civil / commercial disputes to white-collar crimes. How do you approach these matters across diverse areas of law, and what challenges do you typically encounter?

    The firm receives a wide-range of commercial disputes mandates – arising from large shareholder disputes, complex lending transactions, cross-border IP disputes, the list goes on. Similarly, the firm also receives a wide ranging white-collar crime mandates – say internal investigations into corporate espionage, IP theft, misappropriation of funds etc., and these may result into various kind of proceedings before the Criminal Courts. In addition, we routinely appear in mandates challenging local municipal laws, arbitrary government action and the like. The challenges we face in these mandates vary – it could be us dealing with foreign clients who are new to Indian legal ecosystem (and thus managing expectations), not having the luxury of time, logistical challenges in execution of a strategy, to name a few.  

    The approach I adopt in all these matters, irrespective of the diverse areas of law, is rudimentary. First, we meticulously review all the documents Clients share and prepare a comprehensive chronology of events – noting even seemingly minor details relevant to the case. Second, deep dive into the relevant laws, revisiting first principles, statutes and commentaries rather than relying solely on online resources or case law databases. This critical process helps identify both the strengths and potential obstacles in the client’s case. Third, once we have the legal and factual framework, we strategize the most effective path to achieve the client’s goals. This process will include all stakeholders internally, including the Partner. Once we internally deliberate this, we go back to the Client and give them all the options on how we can drive the matter and go on about executing it, based on their instructions. In my experience, these initial steps are crucial for successful outcomes and managing multiple cases simultaneously.

    During your time as a secondee at Allstate India, what was your role? How did this experience impact your perspective on the intersection of legal and business functions?

    At Allstate, my role was essentially that of an in-house counsel, a position I was already familiar with. My primary responsibilities included managing contracts and providing internal legal advice.  My background in dispute resolution enabled me to identify red flags in the standard contracts and negotiate more effectively with vendors and their legal counsels. Over time, I gained insights into the company’s common legal challenges, leading us to review and streamline their standard contract templates.

    In my opinion, most companies see their legal team as cost centres,. he business teams which are keen on getting the revenue, see the legal team as roadblocks or business barriers. This perspective can lead to business teams overlooking crucial contractual provisions such as indemnities, representations, warranties, and dispute resolution clauses, either due to a lack of understanding or the misconception that these are mere boilerplates not warranting attention. While it’s true that these clauses may never be invoked during the life of the agreement if all things go smoothly and as planned, the real value of a well-negotiated indemnity clause, for instance, becomes evident in challenging times, potentially shifting liability away from the company. So this stint reaffirmed my belief that a strong in-house legal team is not merely a cost-centre, but a vital asset that can prevent unnecessary expenditures. Such teams can actually be very effective in ring-fencing the Company from foreseeable and unforeseen risks, thereby preventing value erosion. A competent legal department is instrumental in balancing business aspirations with realistic legal perspectives, ensuring a holistic approach to risk management and decision-making – a message that I reiterate to business teams I work with usually. 

    With your extensive experience in handling high-value disputes, could you share a specific case that posed unique challenges and the strategies you employed to achieve a favorable outcome?

    While there are several cases I could reference, confidentiality constraints prevent me from sharing specific names or details. It is key to note that each case throws unique challenges of its own and as such, our strategies need to be flexible and adaptable. A rigid litigation strategy often leads to less desirable outcomes.

    For instance, in a case involving a shareholder dispute with a foreign institutional investor client, the primary conflict was between domestic institutional investors and the company’s promoters, who had made broad allegations that also implicated our client. Initially, we planned to respond to these allegations directly. However, we soon realized that such a strategy would unnecessarily draw attention to our client in a dispute that was primarily between other parties. Consequently, we revised our approach, choosing to specifically address only the most serious allegations and then shifted our focus to the legal intricacies of the case. This allowed us to take a more reserved role. As the conflict escalated, involving cross-appeals and arbitrations, our client began to be perceived as a neutral entity and was gradually removed from the core of the dispute (we were either formal parties or not arrayed as a respondent altogether). This strategic shift not only limited our client’s legal expenses but also enabled them to divest from the company without loss.

    Contrastingly, in another shareholder dispute, our approach was entirely different. We aggressively addressed each allegation and actively litigated before various foras, to preserve shareholder value and safeguard company assets, amidst a battle between majority and minority stakeholders. This experience underlined the importance of maintaining a dynamic and responsive strategy in litigation.

    As an alumnus of the National Academy for Legal Studies and Research (NALSAR), Hyderabad, what aspects of your legal education do you believe have been most valuable in shaping your career? Additionally, what advice would you give to fresh graduates aspiring to pursue a career in law based on your journey so far?

    Reflecting on my academic journey at NALSAR, Hyderabad, I realize it’s a narrative too rich and complex for a brief summary. Suffice to say, the true value of NALSAR lay in its exceptional faculty, who fostered an environment of independent and critical thinking – a mode of learning that was entirely novel to me. Equally significant was the company of my peers, a group of incredibly driven individuals with clear objectives and ambitions. Their presence was a constant source of motivation, pushing me to surpass my perceived limitations and achieve things I never thought possible.

    Looking back, the most crucial lesson from my college experience is the belief in the boundless potential within ourselves. To the graduates embarking on their legal careers, I want to impart this wisdom: the path may seem daunting, and it’s natural to feel overshadowed by others who appear more accomplished. However, remember that your journey is unique and will unfold in its own time. Treat yourself with kindness, acknowledge your achievements, and maintain patience, a vital trait for any legal professional. Trust in your journey, and know that perseverance will guide you to your destination.

    Lastly, for those looking to have a career in disputes resolution at law firms, do you have any tips / suggestions?

    I believe litigation – whether in a law firm or independently – requires the same set of skills. Law firm cases may often be high-stake or involve significant amounts, but the fundamental approach remains the same. A few things to consider: 

    • Integrity is key to this profession and your reputation. Do not rely on shortcuts and keep all your dealings above board. 
    • Patience is crucial. You might find yourself waiting for extended periods in court, only to speak for a brief minute. Achieving the results your client desires often requires persistent effort and time. Stay patient.
    • Time management is essential, especially early in your career when tasks may seem overwhelming. Gradually, it becomes more manageable. Be prepared to deal with urgent cases and client demands, sometimes with little notice. It’s better to devote extra time to fully understand a case than to be unprepared in court.
    • Develop a reliable process. Being thoroughly acquainted with both the facts of your case and the relevant law is vital. Establish a method that works for you and apply it consistently to each new client or case. 
    • Emphasize teamwork, particularly in a law firm setting. You’ll likely be handling multiple cases simultaneously, so coordinating effectively with your team is key. Remember, you can’t be in two places (read as court halls) at once, so dependability and ownership are important.
    • A quick and sharp presence of mind is essential for dispute resolution lawyers. While you can take time to respond to client queries, the same isn’t true in court. Being unprepared could lead to immediate decisions from the judge, potentially unfavourable to your case.
    • Understanding the concepts is far more important than knowing sections / citations. The concepts should be so clear, that even a common man can understand your iteration of it.  

    Get in touch with Goutham RV-

  • “Arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined”- Ankit Parhar, Partner, Poovayya & Co.

    “Arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined”- Ankit Parhar, Partner, Poovayya & Co.

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

    Can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession, and did you always envision yourself working in diverse areas of law?

    The first time I studied the Constitution in school, I was amazed that a single ‘document’ defined our nation, government, laws, freedoms, rights, duties, everything. This got me very interested in the law. As I grew up, becoming a litigator became my default option. Although I was open to exploring other options, nothing else has ever appealed to me.

    After graduating from law school, I was keen on exploring diverse areas of law. In the first few years of my profession, I decided to join law firms that would give me opportunities in as many areas of law as possible. Litigators are always advised to start out at the trial court. So, I joined a firm where I was part of a team handling civil and criminal matters at the trail court.

    In the first five odd years of my career, I was able to gain experience in civil litigation, criminal litigation, arbitrations, regulatory litigation, company litigation, intellectual property matters, consumer matters, tax matters etc. Working in diverse fields in the initial years kept me motivated and gave me the confidence to take on any kind of matter. Even now, having a diverse portfolio of work not only keeps me motivated and excited but also enables me to provide clients with comprehensive and practical advice.

    With over 15 years of experience in civil and commercial litigation, arbitrations, regulatory litigation, and criminal litigation, you’ve had a rich and varied career. What would you say has had the most impact on your professional growth?

    The most memorable and impactful experience for me has been working with excellent seniors, colleagues, and clients over the years. Any complex litigation is always a team effort. Litigation teams mostly work long hours in close quarters. They see each other’s good sides and bad. They challenge and push each other every day. This team dynamic is crucial for every litigator and perhaps plays the most important part in forging your skills.

    Your work seems to span across numerous sectors, from Infrastructure & Real Estate to Banking & Finance to Information Technology. How do you manage to stay well-versed in such diverse areas of law and provide effective representation to clients in each domain?

    It is not only important to identify the areas of law that interest you, but also the areas of law that you have an aptitude for. Once you identify these areas, you need to dedicate some study time every day. I feel that the best way to understand an unfamiliar area of law is to read judgments. I try and read every judgment passed by the Delhi High Court and the Supreme Court in the areas of law that I practice in. It takes a lot of time and discipline, but the insights that you gain are invaluable. Other than that, there are so many good resources to keep yourself updated these days. It is also crucial to meet your clients and other experts in the field and understand the latest developments and issues being faced by them. 

    Arbitrations seem to be a prominent part of your practice. Could you walk us through some of the challenges in handling arbitrations and how you successfully navigate them?

    One of the major reasons that parties choose arbitration is to free themselves from the procedural rigors of civil procedure. The irony is that arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined. The law of arbitration is ever evolving, and legal positions flip every now and then. The recent judgments on Stamp Duty and Arbitration Agreements are a case in point. Therefore, it is very important for an arbitration lawyer to be updated on the present legal position and to anticipate future issues. Failure to do so can land your client in endless procedural hurdles which can take years to resolve. 

    Apart from procedural issues, arbitrations are very fact intensive. For instance, high-stake infrastructure arbitrations normally relate to projects that have taken three to five years to execute. These arbitrations usually involve some technical and scientific issues. There is usually an immense amount of correspondence, records may be scattered, or unavailable, key personnel may have left and so on. Therefore, it is very important for an arbitration lawyer to master the facts to a greater degree than may be required in other proceedings. You need to put yourself in your client’s position and understand the situation that prevailed on the ground. Unless you do this, you cannot present the facts in perspective and ultimately, you will find it difficult to build upon your legal submissions. 

    You’ve also represented clients in proceedings under the Insolvency and Bankruptcy Code. How do you approach these cases?

    The IBC is certainly a work in progress and there are several challenges for every stakeholder. Promotors and Corporate Debtors would say that the law is draconian; Financial Creditors would say that they are frustrated with significant costs, delays, and haircuts; Operational Creditors would say that their interests are not adequately protected; Resolution Applicants would say that they do not get the clean slate that they paid for; the Government and Regulators would say that their claims are being undermined; the Tribunals would say that they are flooded with thousands of petitions and do not have the infrastructure they need. 

    While representing clients in IBC matters, your approach depends on the needs of your client. When representing Creditors, your goal is to get the petition admitted expeditiously. On the other hand, when representing Debtors, your goal is to oppose the admission of the petition or at least provide your client some time or leverage to be able to negotiate a favorable settlement. Representing Creditors and Debtors has its own challenges, but like any litigation, implementing a winning strategy requires preparation and experience. 

    Representing clients in commercial disputes is undoubtedly demanding. What does it take to be a good commercial disputes lawyer? 

    Commercial disputes are very aggressively litigated because of the financial stake involved. When the stakes are high, there is absolutely no scope for any weakness or mistakes. Your pleadings and arguments need to be perfect and precise. Achieving this level of perfection is not easy unless you are willing to work towards it. To handle commercial disputes effectively, you need to have a certain degree of business acumen and a good understanding of the industry. Apart from this, you need to have a strong grasp of contract law and procedural law. Your is not only to resolve the dispute, but to do so as effectively and efficiently as possible. 

    Besides litigation, you have extensive experience in advisory work, providing opinions on commercial contracts, regulatory matters, environmental protection, and more. How do you balance the responsibilities of advisory work with the demands of litigation?

    Balancing litigation and advisory can be challenging at times, but both complement each other. I believe that you can give your clients better advice if you have experience of litigating similar issues in court. Similarly, you can represent your clients better in court if you have been part of the transaction at the implementation stage. For instance, while reviewing a contract, a litigator can provide a new perspective on liquidated damages clauses, limitation of liability clauses, non-compete clauses, dispute resolution clauses and so on. Similarly, if you have advised your client when the contract was being negotiated, you have a better understanding of the transaction and the intent of the parties and can provide better representation should the matter go into litigation. 

    In your secondments with GE India and Wrigley India, you took on in-house roles. How did those experiences differ from working in a law firm, and what insights did you gain from those roles?

    There is a world of a difference between working in a law firm and working in-house. The expectations and requirements are very different. Both have their own advantages and disadvantages. To succeed in either role, you require the same basic legal skills, but you apply these skills very differently. The common thread is that, in both cases, your job is to protect the interests of your client. When you are in-house, you have only one client and when you are working in a law firm you have multiple clients. If you understand this, you can easily transition from one role to the other. 

    Working in-house for some time in the early parts of my career gave me great insights into what in-house legal teams expect from their external counsels. I also understood the day-to-day challenges that in-house legal teams face. This is something that many external counsels do not even consider. At the end of the day, we are providing a service to our clients and understanding their challenges and expectations is crucial.

    As an accomplished professional with years of experience, what advice would you give to fresh law graduates who are just starting their careers in the legal field? 

    The cliché advice about hard work and constant learning holds true without exception. Apart from this, fresh graduates should seek out good mentors and actively build a strong professional network. 

    Get in touch with Ankit Parhar-

  • “It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions”- Dhruv Grover,IP Litigation Attorney at Shardul Amarchand Mangaldas & Co.

    “It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions”- Dhruv Grover,IP Litigation Attorney at Shardul Amarchand Mangaldas & Co.

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

    Could you please walk us through how you initially decided to pursue a career in law, and what motivated you to specialize in Intellectual Property (IP) Litigation?

    As a first-generation lawyer, I leaned heavily on mentors to guide my path. Initially, my academic inclination was towards science during my 11th and 12th standards. However, an unexpected meeting with a seasoned lawyer (who turned out to be my first mentor in the field) at a family gathering shifted my perspective. He illuminated me on the vast horizons and multifaceted opportunities that were offered by the legal profession (beyond its cliché portrayal in popular media).

    While law school introduced me to a plethora of intriguing subjects, it was Intellectual Property (IP) that resonated the most with me. A defining moment came during an internship when a senior partner posed a thought-provoking question: “Why specialize in IP?” My response: “If it is not new or novel, it is not IP and if something is new or novel on every turn, it is always interesting and worth specializing in”.

    Further fuelling my interest were dedicated professors, particularly in IP and CPC, who recognized and nurtured my enthusiasm. Their encouragement and insights solidified my decision to specialize in IP Litigation.

    Your career has taken you through notable firms like Remfry & Sagar, Khurana & Khurana, and now Shardul Amarchand Mangaldas. Could you share the pivotal moments and experiences that shaped your journey in the field of IP law?

    Every step in my career, from drafting my first legal notice to my first court appearance, has been a significant learning opportunity. One particularly memorable matter involved a client alerting us about an imminent shipment of counterfeit goods destined for India within just two days. The urgency of the situation warranted immediate actions: identifying the shipment, liaising with Indian Customs offices, and swiftly filing a lawsuit seeking injunctive relief in Court. Those intense 48 hours, while challenging, imparted invaluable lessons in handling time-sensitive IP matters.

    Working at a full-service law firm like Shardul Amarchand Mangaldas has further enriched my professional journey by providing me an opportunity to work and interact with experts from diverse legal domains. This experience has further honed my ability to perceive and cater to client’s expectations from a holistic standpoint.

    Having handled diverse aspects of IP, from drafting pleadings to appearing before various courts and tribunals, what aspects of your work do you find most challenging and rewarding in the realm of IP litigation?

    Legal profession is a continuous journey filled with multiple learning opportunities. Reflecting on my early internship days, I recall discovering quicker methods to navigate court files during time-sensitive situations. Drafting intricate pleadings in complex cases was initially daunting during my early professional years. I vividly remember the apprehension of my first solo court appearance; the nerves were palpable. However, with each challenge encountered, I recognized them as important learning milestones that made me the lawyer I am.

    In the realm of litigation, the most rewarding moment is undoubtedly when a favourable order is pronounced. All the hard work and preparation culminating in a successful result is profoundly gratifying.

    Your profile mentions engagement in business development activities, including client meetings and conferences. How do these activities contribute to your professional growth, and what role do they play in enhancing your practice in IP litigation?

    Engaging directly with clients through meetings and conferences is fundamental in any client-centric profession. It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions. Through these interactions, one can gain deeper insights into the challenges clients face, especially in IP disputes.

    For example, while some clients might prefer a more diplomatic approach to resolve IP disputes through legal notices or mediations, others might seek immediate legal action to safeguard their IP, perhaps on account of the potential impact on their business. By actively participating in such engagements, one can better align their strategies and advisory to suit the unique requirements and preferences of each client, ensuring a more effective and personalized approach to IP disputes.

    You’ve conducted training sessions for clients on IP laws. Could you elaborate on the importance of client education in the field of IP and share any specific challenges you’ve encountered in helping clients navigate intellectual property issues?

    Often, the primary focus of clients is on business growth and revenue generation, sometimes overlooking the critical aspects of IP protection. For instance, we have often seen clients approach us to enforce their design registration, only to later discover that they’ve been using the design for years prior to filing the design application. In such cases, we have to inform them that their design registration might be vulnerable for cancellation due to prior self-disclosure. In these situations, design registration certificates may be nothing more than a toothless paper.

    This underscores the vital role of client education. By proactively educating clients about the nuances of IP and the associated timelines, one can prevent potential pitfalls. It’s essential for businesses to recognize that robust IP protection is integral to their long-term success.

    You’ve appeared before various specialized tribunals and high courts in India. How does your approach differ when dealing with IP matters in these forums compared to more traditional court settings, and what skills do you consider crucial for success in such specialized areas?

    In specialized IP forums, there’s a heightened awareness and appreciation for the technicalities revolving around the field of IP, which often results in more streamlined communication and understanding of complex issues. This environment is conducive for IP practitioners, making it important for them to remain updated with the latest developments in the IP landscape. Unlike traditional court settings, specialized forums demand a deep understanding and familiarity with both domestic and international IP trends. Therefore, staying abreast of advancements in IP not only enhances an IP lawyer’s credibility but also equips them to leverage the unique opportunities presented by these specialized forums.

    Your academic achievements include gold medals, debate/moot wins, and publications. How has your academic background contributed to your success in the legal profession, particularly in the specialized field of IP law?

    During my time in law school, every academic experience was crucial for learning skills that are requisite for becoming a successful lawyer. Participating in debates and challenging moot court sessions didn’t just help me in honing my oratory skills but also taught me how to work in a team. On the other hand, writing research papers on interesting IP topics deepened my understanding of the subject at a jurisprudential level. 

    While I didn’t realise it then, each activity wasn’t just an academic exercise or an assignment, it was a step towards understanding the legal world that was awaiting after 5 years of law school.

    Drawing from your experiences, what advice would you like to share with law graduates who are just beginning their careers, especially those interested in pursuing a specialization in IP law? Are there any lessons or insights you wish you had known when you started your journey?

    Of late, IP practice has become more lucrative and is attracting numerous law graduates to specialize in this domain. While the rewards of this practice are undeniable, I believe it is important for law students and young professionals to determine if the subject truly resonates with them. Engaging in IP internships or dedicating time to study and write about IP can offer some clarity in this regard.

    Reflecting on my early days in the IP practice, I recall focusing all my energy in understanding the developments in and around the field of IP. While this approach enhanced my understanding of the subject, I inadvertently overlooked developments in fields outside of IP. Over time, I realized the value of maintaining a balanced perspective, acknowledging that while specialization requires depth, a holistic understanding of law across domains is invaluable. 

    Get in touch with Dhruv Grover-

  • It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you-Pranav Gadi, Founder – Gadi & Associates

    It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you-Pranav Gadi, Founder – Gadi & Associates

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

    Can you walk us through your journey and share what led you to pursue a career in law, particularly with a focus on corporate mergers and transactions? 

    Many decide their career paths while they are about to enter Class 10 in school. While my mind was always inclined to take science and pursue a career in medicine, destiny took me to Accountancy in my 11th and 12th. Blessing in disguise, as it felt that I got into the subject where I belong. So my journey started there. With the preliminary learning of accountancy, I decided to pursue a career in commerce and took admission in B.Com (H) in Delhi University. It was around the end of 2008, where I was still wondering whether it would make sense to do an MBA (like my peers) and move on to joining a bank or a consultancy in finance, but then again I was destined to be introduced to a subject called ‘Corporate Law’ during my 2nd year of B.Com. It was fascinating as I was always keen to learn about companies and their functioning, given that we grew in the era of blooming joint ventures, international tie ups and growth of Indigenous businesses in India. I was intrigued to know how much running a company is driven by accounts and mathematics, and thus, that’s where it all began. I chose to pursue a career in law. However, maybe I wasn’t prepared enough, and I failed my first attempt into Delhi University (Law Faculty) in the entrance exam. It was 2009, peers had found their place and here I was wondering what I should do now. I decided its time to drop a year, work with a financial advisory company and reattempt the Law entrance exam. I joined Law Faculty in 2010 and graduated in 2013 with a degree in B.Com (H) and LL.B. During my student days at the Faculty I continued interning with different law firms in New Delhi, NCR. My most memorable internships were at J. Sagar Associates (my first job). I was given an opportunity to join JSA in August 2013 and I continued working there for a while before I moved onto other law firms such as Shardul Amarchand Mangaldas. My focus area in all these firms was corporate-commercial and I was given an opportunity to assist team members in ongoing live transactions ranging from business transfers, joint ventures, private equity, and other general corporate advisory services. I believe that if I wasn’t given this chance, life would probably have been very different. Thus, if at all I can say that I have gained knowledge in the field of law, the credit truly goes to those seniors who gave me the opportunity to learn. Thus, through this medium I would like to thank Mr. Jyoti Sagar (Chairman and Founder) and Mr. Upendra Nath Sharma (Partner, JSA).

    After years of learning from different lawyers and gradually taking steps to lead transactions and advise clients, in 2020 I set up a small law firm – Gadi & Associates (GnA). It was tough and challenging to make this decision but I believe that sometimes as a lawyer you have to take steps that are beyond your comfort zone to ensure that you give the soundest and best legal advice. Thus, while keeping that thought in mind, I took this decision and set up a shop (a table and a chair in my house and a banner on the window). The shop was now open. I have primarily gained experience in corporate law and so my first instinct drew me to help Clients in contractual matters. It’s not uncommon that once you disassociate with bigger brands, Clients take time to get that confidence in you, but I am grateful to my initial clients who had that faith in me and gave me my first assignment.

    2020 was the birth year of GnA with a single member team and today I run a law firm with a strength of 25 (all inclusive).

    Given your extensive experience with tier 1 law firms and now as the founder of Gadi & Associates, what motivated you to establish your own legal practice in New Delhi? 

    The key motivation to establish GnA and to take on this journey was to challenge myself in an environment with cut-throat competition. I genuinely feel that every lawyer has his/ her own way of expressing opinions and assisting clients, so one shoe doesn’t fit all. The key was to demonstrate to clients that my style of thinking and my approach to matters is unique and could yield results which they probably wouldn’t expect. While I never discount my learning years, I did feel that it was time to practice in a style and manner as I independently wished to apply, rather than aiming to make a change in the existing set up of other law firms. Having said that, establishing from scratch without any legacy in the industry did throw its own challenges and sometimes made it difficult to work, but I always kept repeating this to myself – ‘Don’t be ashamed if you fail, be ashamed if you fail without trying’. So I kept at it and kept trying. GnA came into existence and grew bigger and bigger in size, with its first office in 2021 and with now a new office in 2023. What back then in 2020 felt would be impossible, started becoming a reality and now is being lived each day with the focus to make other impossibilities a reality. So I can say this with all conviction that it was not easy to start and was surely not easy to continue, but now when I look back I say to myself that it was not that difficult too. My other motivation  was to try and bring a different approach to corporate matters. While as counsel we typically work on agreements and assist clients in negotiations, I try to understand the financial modelling behind each transaction or commercial tie up. Definitely I do not give any opinions on accounts but given my background and keen fondness to learn different aspects of accountancy, it helps in understanding and advising best legal resources and positions to have in such matters. Needless to say that a commercial tie up or a strategic alliance are primarily driven by the accounts behind it, so as a commercial lawyer it is our job to understand that relationship and advise accordingly.

    You’ve been involved in a variety of high-value transactions, including representing a global private equity fund in a multi-billion-dollar acquisition. Can you share some insights into the challenges and strategies you employed in such a complex deal? 

    It wouldn’t be fair to give any critical details in the public domain, but it a few aspects that I would like to share are: (i) Commercial Sense – When I got introduced to the transaction I was only trying to figure out in my head the commercial sense behind the matter and if the deal at that particular value made sense. That gave me an opportunity to learn something new that I hadn’t been introduced to earlier, and that was the economic benefit of the future. Many times I have heard people use the phrase ‘does this make any commercial sense’, even by me while discussing the matter with colleagues. However, I did get the answer to this question in a manner that I hadn’t expected. It wasn’t necessary to see the commercial sense of the matter in the present but rather what it would be in the near future or within a period of time being envisaged by the acquirer. While doing the matter, we get involved with the details of the matter but somehow miss seeing the macro approach of the said industry vis-à-vis other industries. So it wasn’t necessary for just this business to grow but to see how it is important for other industries to flourish and grow at the same time to ensure that the growth of this business continues and eventually that commercial sense comes to light. (ii) Due Diligence – If there is something that helps in undertaking transactions or ensuring that a lawyer is doing his/ her job, it is important to take note of the criticality of due diligence. It is not merely a report, but an action item that can change or mould the frame of the transaction. We do hear of different forms of due diligence reports, but at the end the critical aspect is ‘due diligence’. I believe my key learning here was to be a part of the due diligence team and understanding the different forms of compliances and key requirements to put together one list of critical aspects. If there were any findings that showed any legal issues then it is important to also find the recourse to such legal problems and assist in implementing the solution. We did find a few critical legal challenges here as well, but given the experience of the team I was working with, it was easy to help in implementing the correct solution and take the transaction forward. So in a nutshell as a strategy to a transaction, due diligence is key and must be undertaken with great importance.

    Your role involves advising multinational companies, startups, and family-run businesses. How do you tailor your approach when dealing with such diverse clients, each with its unique set of challenges and priorities? 

    Truly, this journey started with GnA. Prior to starting GnA it was mostly assisting large scale companies in their matters including transactions, general corporate advisory, compliance, etc. It is only when I started GnA that I understood the importance of being a ‘Generalist’. While I do say that my key focus area in law is corporate – commercial, I started branching into other aspects of law and advising diversified clientele in a variety of matters. While the category of clients in question still seem to be hinting more on corporate work, in reality it entails a number of legal aspects such as promoter relationship, family lineage planning with succession plans, asset management under different vehicles for betterment of operations, etc. This may also at times include undertaking real estate transactions, preparing wills and settlements and also managing the operations of smaller set ups in terms of division of roles. One key aspect here to note is that it is not limited to operating out of one vehicle for family businesses, our laws give us many ways of undertaking such plans. For instance a division of businesses is not merely to be driven by settlements, it could be that we divide businesses by way of demergers, slump sale, etc., and the meaning behind these transactions are completely different than what we generally do for other corporations. In the case of start ups, it is critical for a lawyer to understand the drive of the promoter(s). As lawyers it is important to understand that a promoter(s) does not generally know about compliance and applicable laws. It is the duty of a lawyer to ensure that the start up business becomes compliant with all laws while ensuring that the Promoter(s) can stay on course with the project that they initiated.

    Having assisted in the acquisition of a refractories plant and the fund raise for a logistics company, could you highlight the key considerations and legal intricacies involved in transactions within the manufacturing and logistics sectors? 

    The former was an asset purchase transaction, different from the typical slump sale transaction. In an asset purchase the key factor is identified: purchase price of the assets and transfer of each individual asset be it a plant, machinery, equipment, land, etc. Frankly, while the entire transaction was similar to any other asset purchase deal, the critical aspect of this deal was the transfer of real estate. This was probably the first time experiencing a transaction with respect to real estate where my involvement was not limited to preparing the definitive document but also to assist the client in the entire registration process. This experience was beneficial and educational as it helped my journey to start working on more real estate transactions and today at GnA we have a full real estate practice where we help with sale, leasing, mortgage and joint development transactions. The latter was a large-scale private equity transaction, where I was a part of the team that represented the company and the promoters. What was critical here was the fact that the business that we represented was becoming the growing need of the ever-evolving logistic sector of the country assisting ecommerce. As I have said earlier that not many times do you get the commercial sense from the transaction itself, but when you apply it with other sectors that are supportive sectors and see the immense opportunity there, you can co-relate as to why this sector would grow too and therefore, investments in such companies became the growing need. Although as a counsel, I did work on the investment document and assisted in the effective transaction closure in a timely manner.

    In addition to your transactional work, you’ve also assisted clients in matters relating to disputes. How do you decide to diversify from corporate to litigation? 

    Well, as I mentioned, GnA was the reason I thought it was best to be a ‘Generalist’. Where I could have decided to remain a part of other firms and continued working only in corporate law, I did choose the other path and started GnA. Given this decision it became even more important to see the world of law in the Court of Law. Thus, it all started with a simple legal notice in the case of an employee dispute. I was approached by one of my existing clients to pursue a case against an employee involved in embezzlement. This was something that in my other organisations I would have passed onto my colleagues, but at GnA I chose to take this up as my very own and moved on with the mandate. As the matter progressed and went on, I started learning this aspect ‘on the job’. It’s been roughly 3.5 years since that first notice and today I engage in large scale dispute matters ranging from arbitration, company law petitions, insolvency matters, recovery matters, etc. In fact, starting a disputes practice gave me a better understanding of how words in a contract could have different meanings in different situations. Therefore, now drafting a contract makes it critical for me to examine each provision/ clause with such combinations that maybe wouldn’t have been the case if I wouldn’t have stepped into the world of litigation. I sincerely believe that each lawyer (corporate or litigation) should gain experience of both worlds as they are complementary in nature and not as alternate professions.

    With a wealth of experience, what advice would you give to law graduates aspiring to specialize in corporate law and mergers and acquisitions? 

    To the aspiring law graduates who wish to enter the field of corporate law whether for M&A, PE, VC or general corporate advisory, it would help if you start from the basics. It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you. In practice, many seniors use terms and abbreviations which any aspiring law graduate/ intern may not understand (the same happened with me), which makes it even more difficult to comprehend the entire discussion which is taking place. Thus, an on-the-job experience makes it even more important to learn such aspects by either spending time to find the answers or questioning the seniors. A senior colleague of mine once said to me ‘sometimes I forget that my junior colleague has not read this in his life’, which basically means that seniors do know that you are new to this world and will take your own time to learn, but it still will demand your full involvement in the matter by being inquisitive and focussed. A great way to get a kickstart in the field of corporate law is by doing internships with corporate law teams of firms that generally undertake transactions. As a law student who still has a couple of years left before he/ she graduates, if you are keen on becoming a corporate lawyer, you should find data about transactions and the partners of firms who undertook those matters and then try and get internships with those partners to ask them questions about the transaction. Having said that, law is a journey that involves never ending learning and every lawyer has something to share for you to learn.

    Get in touch with Pranav Gadi-

  • “Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine”- Manish Kumar Mishra, Partner at Inttl Advocare

    “Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine”- Manish Kumar Mishra, Partner at Inttl Advocare

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

    Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?

    It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.

    This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward. 

    Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?

    One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.

    You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?

    I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.

    Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.

    The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.

    Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?

    Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.

    Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.

    As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.

    These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.

    You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?

    As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.

    The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.

    Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.

    On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.

    Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.

    Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?

    There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.  

    Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.

    As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?

    As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc. 

    Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.

    Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.

    Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?

    My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.

    Remember, each step contributes to your growth, and perseverance is key in building a successful career.

    Get in touch with Manish Kumar Mishra-

  • “A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability”- Dr. Farrukh Khan, Partner at Diwan Advocates

    “A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability”- Dr. Farrukh Khan, Partner at Diwan Advocates

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

    Can you share with us your journey into the field of law, from your early education at Aligarh Muslim University to obtaining a Ph.D. in Law from Sai Nath University? What motivated you to pursue such a diverse range of legal experiences?

    It was never in my plan to become a lawyer. After completing my High School in the year of 1999, I had the option to choose between the streams in either Science or Commerce, however, I opted for Commerce stream and completed my higher secondary. Thereafter, I was all set to opt for B.Com. and was even selected for the said course, however, upon the insistence of one of my friends, I sat into Entrance for B.A.(LLB) and was fortunately selected. The interesting part is that my friend, who had also appeared for said B.A.(LLB) Entrance, was not able to make it to the final list and was put on the waiting list. He was also on the waiting list in B.Com. Thus, it was resolved amongst us that in whichever course, his waiting list is cleared, I will go for the said course.

    A very interesting aspect is that although we both did our law from the faculty of law at AMU, yet, while I joined the profession, he opted to do M.B.A. in Singapore and is now working with a Singapore based Company in the management sector. I topped the first and second semester of B.A.(LLB), however, while I was in third semester, I was framed and suspended by the Proctorial Department of University in a case related to student protest. This particular unfortunate development, which has led to a paradigm shift in my thinking, I, simultaneously, deviated from my academics and turned out to be a full time student activist. At that time, the student union at AMU was defunct so I led agitation for its restoration. The agitation was successful and the student union was restored. 

    It is important to note here that to the best of my knowledge, the student union of AMU is the only student union in India, which has its existence in statute i.e. AMU Act, 1920. I am telling all these for a simple reason that my period as student activist and later on, I, being elected as honorary secretary of AMU Students Union by record margin till date, actually honed my skills of public speaking, which is now paying dividends and helps me a lot in my legal profession as an advocate. I completed my B.A.LLB in the year of 2007 and joined the profession. My LL.M. and Ph.D. were completed whilst I was also practicing. Fortunately, in those days, that was allowed. Therefore, my advent into the legal profession was purely accidental, it was never planned, however, as destiny would have it, I became a lawyer.  

    As the Managing Partner of Diwan Advocates, you’ve been involved in various aspects of law, including corporate, commercial, intellectual property, and civil matters. Could you highlight a specific case or project that stands out as particularly challenging or rewarding in your career?

    As an advocate for the last 16 years, I have been fortunate by the grace of Almighty to handle a diversified range of litigation, right from hardcore civil, criminal, corporate & commercial to intellectual property rights and so on and so forth. For a lawyer, every case which he/she handles is very special. However, since you have asked about a particular case, which has been challenging or rewarding, therefore, I would recall a case, where I was appointed by Hon’ble Delhi High Court as Amicus Curiae during the peak of Covid-19 pandemic. The said case was widely reported in the media. It was a case of a widow of the deceased, who was from Himachal Pradesh and while working in Saudi Arabia, he died. Despite the deceased being Hindu, due to certain mistakes on the part of the Indian Embassy and the officials based there in Saudi Arabia, he was buried as per Muslim rituals and customs. The widow, therefore, had approached Hon’ble Delhi High Court by filing a writ petition seeking direction to the Union of India for ensuring repatriation of mortal remains of the deceased.

    It was a very challenging case, since the directions only to the concerned officials of the Union of India would not have yielded any result since the mortal remains were to be repatriated from a foreign country and such case was unknown to that country as it did not have any prior history of such exhumation of mortal remains. Despite all these challenges, Hon’ble High Court took up the matter and during the course of the proceedings, I was appointed as an Amicus Curiae in the said matter. It was a time of enormous difficulty as Covid-19 pandemic was at its peak and the movement was restricted. Upon being appointed as an Amicus Curiae, which was then for the first time in my entire career, I was a bit nervous since I did not know what had to be done. However, I started collating all case documents and used my AMU related network to find out persons who are based out in Saudi Arabia so that they could render some assistance.

    Saudi Arabia, at that point of time, was also engulfed and confronted with Covid-19 pandemic and the mobility was also limited. However, one of my old friends, after understanding the matter, assured me of his help and he travelled from a far distant city of Saudi Arabia to the concerned hospital where the corpus was kept before its burial for tracking of relevant records. It was learnt by my friend, who later informed me that Saudi Arabia maintains the geo-tagging records of all the graves. Fortunately, with the help of technology, it was revealed that the deceased was buried in which particular grave. 

    After the above mentioned turn of events and initial breakthrough, the challenge was how to assist the Hon’ble Court to pass the appropriate directions to the concerned person back at Saudi Arabia since it was legally impossible. Accordingly, upon suggestion being made to the Hon’ble Court, the Hon’ble Court was pleased to request the Embassy of Saudi Arabia at New Delhi to explore the options. Simultaneously, directions were also passed to the concerned officials of Government of India to coordinate and facilitate the entire process of exhumation and repatriation of mortal remains.

    Last but not the least, after day to day hearing, which had transpired in the said matter, Union of India, under directions of the Hon’ble Delhi High Court, was successful in convincing the officials of the Saudi Arabia for exhumation of the mortal remains and same were repatriated to India by Charter Flight and were then sent to deceased’s native town in Himachal Pradesh, to fulfill the last rites. Appropriate compensations according to the policy of the Union of India and the Government of Himachal Pradesh were also awarded and the Hon’ble Court ensured that the said compensation is timely remitted to the bank account of the widow of the deceased. The aforesaid facts pertaining to the said case, seemingly straightforward, posed a significant challenge for me. Nevertheless, despite the complexity, I successfully contributed to the entire process with God’s grace.

    Your work experience extends internationally, including roles in Qatar and as a Legal Advisor to a Spanish corporate conglomerate. How has working in different cultural and legal environments shaped your approach to legal practice, and what unique challenges have you faced?

    I completed my B.A.(LLB) in the year of 2007 and got enrolled with the Bar Council of Delhi. Thereafter, I joined a reputed trial lawyer at Patiala House Courts, New Delhi. However, given my political ambitions, which were always at forefront, on account of I having served the student union as honorary secretary, my family was apprehensive that I might leave the profession and could join politics, the idea which my late mother had always resisted. Sensing this, my elder brother, who was working in Doha, Qatar, through his network, got me placed at an IP Law Firm in Doha as assistant paralegal. Though I was reluctant, yet, I joined as a trademark assistant paralegal and started working, where I was soon promoted from trademark assistant paralegal to junior associate in the said law firm.

    Thereafter, I changed my job and joined a leading real estate conglomerate in Qatar as their legal officer. The said real estate conglomerate was expanding its business operations in Spain. I was also appointed to look after the legal matters related to the said Spanish expansion of the said company.

    I spent nearly two years working abroad, and I found the work environment to be more flexible compared to what we typically experience in India. In those jurisdictions, lawyers rarely face the intense pressure and tight deadlines that are common here. The majority of litigation cases were of a commercial nature, as criminal matters were exclusively handled by Arabic-speaking lawyers.

    Despite the language barrier, the atmosphere was friendly, and I had the opportunity to collaborate with professionals from various countries, spanning from the Middle East to North America. They were cooperative, providing valuable assistance in training and mentoring me. My main challenge was my reluctance to learn the Arabic language; however, I was fortunate that commercial related legal aspects were conducted in English, allowing me to navigate and succeed in that environment. 

    Given your extensive experience in handling high-stakes litigation, could you share insights into a notable case where you successfully defended a client, whether it be a private corporation or a governmental agency, before the courts?

    In reply to this question, I would say that I have defended several private entities and corporations in high stake litigations. One case involves the matter that I was handling before the Hon’ble Allahabad High Court at Lucknow Bench. In the said case, the developer was allotted land by an instrument/agency of the State of Uttar Pradesh. Thereafter, the developer, after complying with all the procedures, started developing the said land and have almost sold the entire inventories in the said project. The moment when the construction and development works over the said land became noticeable, an agitation in the name of farmers grappled with the said project.

    The state machinery failed to protect the interest of the developer and approximately 1500 homebuyers who were associated with the said project, who turned out to be the collateral damage. Hence, we approached the Hon’ble Allahabad High Court at Lucknow Bench by filing the writ petition. The matter was contested by the erstwhile landowners and the role of the State was not more favorable. However, the matter proceeded for hearing and thereafter a detailed judgment was passed.

    By that time, the developer I represented was on the brink of bankruptcy, primarily due to personal circumstances and other compelling factors. Though I did not have any privity or any relationship with any of those homebuyers, yet, they started contacting and asking me to find some solutions so that the developer’s and homebuyers’ rights and interests could be secured. I told them categorically that there is conflict of interest and I cannot act against the interest of the developer. Nevertheless, I endeavored to address the conflicts and discrepancies that regrettably arose between the developer and homebuyers. In pursuit of resolution, multiple rounds of negotiations took place, with approximately 500-700 homebuyers attending each meeting, and I had no option but to navigate and lead the matter.

    The trust and confidence that the homebuyers placed in me is something unforgettable in my life. Despite being the counsel for the developer, they consistently relied on me. In the meantime, the Hon’ble Court allowed the said writ petition. Since the State machinery was not implementing the direction as passed by the Hon’ble Court, we approached the Hon’ble Court again by way of a criminal contempt petition against the then concerned officials. During the contempt proceedings, the senior officials were summoned before the Hon’ble Court and following a stern warning from the Hon’ble Court, the encroachment on the specified land was eliminated. Further, the developer, upon my persuasion, inducted some other partner who was flushed with liquidity. Collectively, these measures successfully addressed all concerns between the developer and the homebuyers. As a result, the project was not only built and developed but also delivered, with over 200 homebuyers currently residing in the completed development. Despite the passage of almost 7 years, several homebuyers and residents of the said flats continue to reach out to me through messages and calls. They maintain a friendly demeanor, treating me as if I were a part of their family. Moreover, numerous individuals extend invitations for me to attend events at their homes. The meaningful connections and relationships I created with these homebuyers are truly gratifying. As a lawyer, I often say that while we can attain financial success and recognition, the profound satisfaction of cultivating enduring relationships with clients, even after concluding a case, and being regarded as a trusted friend or family member is immeasurable. 

    In your role as a Corporate Legal Advisor for “The Wall Holdings” in Qatar, you oversaw legal aspects related to finance, construction, corporate, and commercial operations. How did this experience differ from your work in India, and what valuable lessons did you draw from it?

    The work which I was entrusted with while working in Qatar, was of non-contentious nature and was purely transactional works. Since I was not allowed to appear before the courts at Qatar, my duty was only confined to the preparation of cases and drafting of pleadings. While my responsibilities in Qatar were focused on contracts, opinions, due diligence, and other related advisory tasks, my work in India predominantly involved contentious matters, with a primary emphasis on litigation. Nevertheless, I have consistently maintained my relationship with non-contentious and transactional works. I believe that the amalgamation of my experiences in both contentious and non-contentious realms has endowed me with a wealth of valuable insights. The knowledge gained from my endeavors in Qatar significantly aids me in formulating effective defense strategies in litigation and delineating the line of attack in litigation. 

    With your involvement in intellectual property matters, especially at Aramarks Intellectual Property, could you discuss the importance of intellectual property rights in today’s globalized and technologically advanced business landscape?

    Intellectual Property, more particularly, Trademarks are very close to my heart. Actually, you would not believe it but when I was working at Aramarks as Assistant Trademark ParaLegal, I have always dreamt to be an IP Lawyer and even when I rejoined the profession by end of the 2009, I had this planning at back of my mind that I would only work for IP litigation and other non-contentious IP related tasks. However, the challenges for the first generation lawyer, that too, coming from a very remote area of Bihar and trying to survive in the cosmopolitan city like New Delhi are of different magnitude. I was getting less IP Works, therefore, I decided to venture into other aspects of litigations and as the luck would have it, cases of different and diversified nature started coming in, and gradually I started developing as a lawyer and the journey still continues till today and I pray to mighty that it continues till I am alive. 

    As someone passionate about interacting with law students, could you share an impactful piece of advice you received early in your career that has guided you, and how would you advise fresh law graduates entering the field today?

    Interacting with law students is my passion. Since I have been a student activist and student leader during my University days, therefore, when I go amongst them, I still find myself as young as I was in those days. I prefer not to lecture; instead, I aim to listen to them—embracing their questions, anxieties, and experiences and try to answer them from my own experience with this caution that solution and the respective problems pertaining to every person are not identical and anyone who tries to pick a ray of hope from others’ solutions should always be cautious that what has worked for ‘A’ could not work for ‘B’.

    Therefore, customization of solution of problems is must according to anyone’s personal needs. For fresh law graduates, since I am an intense litigator, therefore, I advise them to come to litigation and in these aspects, I am a little selfish, I will confess. It does not mean that I am against fresh law graduates going in the corporate or for in-house jobs, however, I always believe that even if a fresh law graduate wants to shape his/her career in corporate- for some initial years, he/she must come to the trial courts because the experience which you get in the trial courts cannot be developed in any other colleges/institution or even in the superior courts. The challenges which a fresh law graduate has to confront within the trial courts, actually strengthen his/her potential and that strength, which could only be developed at the initial stage of the career, is something to reckon with. 

    Your career spans various sectors, including technology, media, telecom, and pharmaceuticals. How do you stay abreast of the rapidly evolving legal landscape in these industries, and what advice would you give to legal professionals looking to specialize in dynamic sectors like these?

    Specialization in the legal sector or legal industry is evolving in India. However, being a hardcore litigator, I have quite an unpopular opinion. I believe that any litigation must have potential and caliber to handle any sort of litigation, for whatever he/she is entrusted with. Why I say this is because even judges who are there to adjudicate upon such specialized disputes are not specialized persons. Specialization of subject does not mean that for any contract or construction related dispute, only an engineer who has turned out to be a lawyer can handle the case or a person coming from a pharmaceutical background can handle a pharmaceutical related IP matter. Laws in India, in my humble opinion, are intertwined and interconnected. If one is an IP Lawyer, he must know the basic nuance and must be trained in civil litigation. The edifice of any IP litigation would be the CPC. What I have seen unfortunately is that fresh law graduates who want to go for specialization are lacking in procedural law and it is not good development for the legal profession in our country. That being said, if somebody wants to handle the special segment of a case aka specialization, in my opinion, that person, at least for 10 years, should work in every branch of law so that after 10 years he/she could caste a niche for himself/herself, and thereafter could shape his/her career. 

    I am not saying these all out of the context. Let us take examples of legends in our profession, such as the late Mr. Setalvad, the late Mr. Daftari, the late Mr. Ram Jethmalani, and even in the current generation, Mr. Kapil Sibal, Dr. Singhvi, Mr. Mukul Rohatagi, Mr. Arvind Datar, and the list goes on. They possess the ability to handle any legal matter on any subject and can effectively present and argue the matter before the courts. Thus, the specialization in the legal field has to be multi-dimensional. A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability. A lawyer, in my opinion, must develop the art of re-calibrating himself into the spur of the moment so that whatever the challenges are, he/she can face the same with calm and politeness.

    Get in touch with Dr. Farrukh Khan-

  • “All legal systems cannot deviate from the basic principle of ‘Justice’. The way it is delivered may be different”- Jurist Dr. Srikant Parthasarathy, Senior Managing Partner, Chakra Legal

    “All legal systems cannot deviate from the basic principle of ‘Justice’. The way it is delivered may be different”- Jurist Dr. Srikant Parthasarathy, Senior Managing Partner, Chakra Legal

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

    Can you share with our listeners your journey and what led you to pursue a career in law and arbitration, especially with your background in finance and management?

    I have always been a fan of law. This may seem like a stereotypical answer, but imagine, law is one of the very few areas of study which mixes imagination with practicality. Reading a law or an act or a Bill is no different than reading a Grisham Novel. There is logic. There is context. There is ‘masala’ (if I may say so) and then a reader morphs into the lawmaker and thinks from the point of view of what was running in their mind when they wrote this. It is exciting. The same applies to Arbitration. Arbitration has a history which predates the formation of the Republic of India. Then, we have the UNCITRAL and the Model Law in 1996 coupled with the fervour in amending the law multiple times over the years. Finance is a numbers game along with strategy. To me, Law and Finance go hand in hand because, while the former sets the boundary for innovation, the latter sets the boundary for intricate analysis and strategy. Having been in 100+ Arbitrations and being commended by various courts, I can confidently say that the flavour of the two is currently being sought by the legal world.

    You’ve been involved in a wide range of arbitration and mediation cases, from finance to art and maritime law. Could you tell us about one particularly challenging case that stands out in your career and the lessons you learned from it?

    Contrary to what one may think, all arbitrations look rather similar in nature. I am not being a reductionist, however, when one has seen multiple arbitrations and strategies, it is rather easy to spot where it is heading. The case I am about to share is a case that made me the Lawyer that I am right now. A very senior lawyer was hired in a high-profile arbitration. They called me to represent a counterparty. We concluded the arguments in which I was accused of bias, which the arbitrator quickly dismissed. I was called a ‘Chote bacche’ during the session. I did not respond. The Senior Lawyer invited me for a drink in the evening (I am a teetotaller). I shared the camaraderie and joined them. In that meeting, she asked me how old I was. I quickly quipped “Not young enough to call me Beta, not old enough to call me ‘Uncle’ “. She is someone I still look up to. We became the thickest of friends and I am the Godfather to her grandson. This shows that arbitration hinges not entirely on the law, but in your ability to put up a strong face in spite of the oddities. 

    Being a certified mediator and arbitrator, what key skills and qualities do you believe are essential for success in your field, especially when dealing with complex international disputes?

    Patience and Listening is non negotiable. Everything is a learning in its own might. I believe that everyone is a student of law, no matter how senior they are. Law is so vast that our understanding is miniscule compared to what it has to offer. Once someone is an arbitrator, the job gets harder as every move of yours is questioned. 

    You’ve worked in various jurisdictions, including India, Singapore, UAE, UK, and more. How do you navigate the different legal systems and cultural nuances when handling international cases?

    All legal systems cannot deviate from the basic principle of ‘Justice’ . The way it is delivered may be different. Civil law countries have a system which ensures finality in the process and a certain level of deterrence from bringing vexatious claims. I have seen the UK Pre and post brexit. The nuances may be far more pronounced from, perhaps, wearing a wig (which I do, much to the amusement of my son). In the UK, it is difficult to take a matter to the UKSC unless the point of law in question is framed by the lower courts. They are very picky about what reaches the UKSC. UAE is a superb jurisdiction to practice finance and law, as you have the DIFC as well as the local courts. I sit in various arbitral panels of GCC and have advised them in framing the rules. They are very accepting of changes. I speak 13 languages and it certainly helps. 

    As a Certified Independent Director and with your extensive background in finance, what unique perspectives do you bring to corporate governance, and how do you see the role of independent directors evolving in today’s business landscape?

    Corporate governance in India is going through a difficult phase right now. Primarily, the need for transparency has grown exponentially and is available only through the SEBI. However, integrity in governance is non negotiable in a private entity too. This prompts investors to actively look out for individuals who can be the ‘true independent’ in protecting their investment and also looking out for the shareholders. This has brought in a whole host of ‘stapled agreements’ in the term-sheets which include the clause that ‘such independent director’ shall be appointed and it is not open to negotiation. Being the Ministry of Corporate Affairs certified Independent Director, it is vital that we live up to the expectations of protecting the entity and to give a fair and an independent assessment. Whistleblower protection in private entities is certainly an area that can be strengthened.

    Your involvement with the Government  in various capacities is intriguing. Could you explain your role and share some insights into the intersection of policy, investment, and arbitration?

    I have always felt that I should give back to society. Hence I teach in various schools for the visually challenged. I happened to meet a person who was a teacher in the school. We opened up and I realised that the person was a Secretary in the Government of India. He was very keen about my expertise. That is how the journey started with advising the Government on various bills and amendments. My work on the Arbitration Act of Maldives was appreciated and I was called in regularly as a person who can give a ‘Second Opinion’ on various laws. I consider it pure coincidence that my suggestions are the ones that finally made it to the law. Arbitration is strange. 

    With your teaching engagements at prestigious institutions and numerous publications, how do you balance your academic commitments with your professional practice? What motivates you to continue teaching and writing in addition to your legal work?

    Teaching keeps the student alive in you. I teach at the top 5 NLUs and 2 QS ranked International universities. Ask my students how I balance the commitments and they will rant about how the classes are frequently rescheduled. However, I have always maintained the top ranked visiting professor status. Writing keeps the child in me alive. Since I don’t talk much, perhaps the best way to communicate is to write. Boring as it may sound, I write about law & medicine, and read the most random Wiki pages when exhausted. 

    Finally, what advice would you offer to law graduates and aspiring professionals who want to follow a similar path in arbitration, mediation, and law in general, especially in an international context?

    Find the anchor in the career that you can latch on to. This is the person who you can ask anything and everything. I am what I am because of my juniors and my students. They call me by my first name (you are free to independently verify this). Arbitration is a practice that is more than what it seems and lesser than what you hear about it. Yes, it can be lucrative, but, be careful when you choose this path. Unlike litigation, where there is a fair amount of material available publicly, arbitration does not enjoy that benefit.

    It can be exhausting. It can be nerve wrecking. It can feel like everyone out there is trying to put you down. However, if you know your law, nobody can surpass you. 

    Get in touch with Dr. Srikant Parthasarathy-