Super Lawyer

Tag: Lawfirm

  • In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well- Priyanka Matlane, Founder of Matlane & Grewal Legal Associates LLP

    In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well- Priyanka Matlane, Founder of Matlane & Grewal Legal Associates LLP

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

    What inspired you to establish your own law firm? What challenges  did you face in the initial stages? 

    After completing my LL.B. I joined the chamber of Sr. Advocate C.A.  Ferreira was the then Assistant Solicitor General of India practicing before the High court of Bombay at GOA. Working with him in actuality, triggered a  thought to have a settled practice like him and to establish a law firm.  Before starting my law firm ‘Matlane & Grewal Legal Associates LLP’,  the journey of 10 years as an individual advocate was not so easy. There  were many difficulties as theoretical knowledge is completely different  from the practical procedure. In colleges your professors will teach you different laws but to know the procedure of court of law and to be master  in it, you must know the court procedure very well. As an advocate you  will learn new things on a daily basis. When you start your practice as an  individual advocate at a very young age is not such an easy task. Profession of  advocates used to be considered as the profession of old ones and not of  youngsters. I do remember on completion of my 6 months internship with  Ferreira sir, I shared my views to start independent practice with my family  members, frankly, telling no one was so convinced with my thought to start an independent practice as everyone thought I don’t even know the  ABCD… of the complete court procedure. Many said ‘do you know how  to draft a case? How would you give consultation to your client? What if  you lose the case? You should spend at least 5/7 years with a senior advocate  then only you can practice independently, Bla bla ssss…..  

    But it was my Guru/Mentor Mr. Vikas Lathar (Professor of Govt. College  of Safidon) and my mother who always trusted and had faith in my  abilities. They both supported me to start my journey and see I am here  today before you. 

    To have a reputed own law firm was always a biggest dream of mine. Many times I spoke to my husband about my dream to form a law firm. My  husband Navdeep Singh Grewal, who is also a part of our law firm, encouraged me to establish “Matlane & Grewal’s”. Working as an  independent advocate and running a law firm is completely different from  each other. As I am a fast learner and love to explore, I feel that working as  an independent practitioner is restricting the growth, learnings and  controlling the case types. But a firm can become one roof to offer all legal  services. Hence, ‘Matlane & Grewal Legal Associates LLP’ came into  existence.  

    Team of our law firm works passionately as a single soul without  compromising on professional ethics. Our Law firm is growing by giving  growth to our junior advocates as well as to our interns.  ‘Different brains and different abilities will work together and will grow  together’, with this mind set up I have started my own law firm.  

    With almost 10 years of experience in the field of law, what have been  some of the most memorable cases or achievements in your career? Could  you share a particularly challenging case that you successfully handled? 

    If I tell you the truth , my every case is unique and  definitely, I have achieved and learnt something or the other from my every  single case during this decade. There are many and all the cases on which I can share working experience but as you know time is limited and I can’t go on…. But I can Yes still, share my such a memorable and wonderful  experience in my 2 cases which are very much close to my heart. The first  case is of property case i.e., the Second Appeal filed before the High Court  of Bombay bench at Aurangabad and another was a criminal case filed by  the parents against their son. I personally feel both the cases were difficult  for me to handle. As in both the disputes the emotions of parties were  ultimately affected. I won a second appeal and it was a reportable judgment.  My client got his disputed land back after spending his 30 years of life in  court. The matter earlier was handled by many lawyers but when it came to me and after filing my VP on record, I ended the matter in just 1 year.  And winning a second appeal is itself an achievement and a milestone in  one’s legal career. Talking about my second case, this was a criminal  application for maintenance filed by the 80yrs old age parents against their  55yrs old son. The parents just filed the application to see their son due to  courts dates as he was separated from his parents due to past fights and  all… when on the first date of the court hearing I tried to reconcile and I succeeded , you know what the 80yrs old parents said me, ‘ beta, tum  humare ghar me humari devi maa ban ke ayi ho, tumhari wajah se humara  bichda hua beta hume wapis mil gaya.’ The matter ended happily and the parties are still living a happy family life.  

    You mentioned being highly effective at developing creative case  strategies and writing persuasive briefs. Could you share some insights into  your approach and how it has contributed to your success in the legal field? 

    Yes, we have effective strategies and we do adopt the same  strictly while dealing with the cases.  

    Firstly, we are good listeners. We listen peacefully to our clients and we  believe in transparency and keeping client’s secrecy. Secondly, we guide and consult them according to their legal requirements  and as per available legal provisions.  Thirdly, we draft our case patiently and appropriately as per court  guidelines.  Fourthly, we prepare our strategy to have effective cross, chiefs,  arguments, etc. we prepare our whole case before filing it in actual before  the court. Fifthly, we keep on doing research on landmark cases. Simply, we keep  updated our knowledge on a day-to-day basis.  

    The legal field is known for its dynamic nature and ever-changing  demands. How do you stay updated with the latest developments and  ensure that you can adapt to the evolving legal landscape? 

    As we are the generation of the 21st Century and as the technology is  developing and upgrading rapidly. Being a law practitioner, we too adapt  and adopt the use of technology and for the same my husband cum my firm  partner always supports us to maintain the balance between the old practice era and use of new technology.  

    To stay updated with the latest developments I do read newspaper on daily basis and also, we have opted for several paid subscriptions and  applications for the same. We follow SCC, MANUPATRA,  INDIANKANOON, DIGILEGAL, ETC., We are also very much active on  social media.  

    Could you share any valuable lessons or insights you have gained  throughout your career that have contributed to your professional growth  and success? 

    For me my success mantras are: keeping legal knowledge updated,  being truthful to your profession, ethical to your clients and consistency in your  working and learnings, time management, team management, leadership  and last but not least knowing the basic laws deeply.  

    How have public speaking skills helped you in your legal practice?  What tips would you give to aspiring lawyers who want to improve their  communication abilities? 

    I’m a very talkative person. and this has always helped me to make a bridge between me and my client. With ability to have proper  communication, my client never hesitates to share his/her problems with me, no matter how the situation is worsened or the facts are sensitive. To improve the communication skill, one should have good vocabulary,  one must know our basic laws and principles, keeping updated knowledge  and lastly read, read and read. Reading always helps to grow vocabulary and knowledge.  

    Lastly, what message or advice would you like to give to fresh  graduates who are considering a career in law? What qualities or skills do  you believe are essential for success in the legal profession? 

    It is the only law which ensures and gives the balance to live a happy  life. Every single individual should know their basic and fundamental  rights. Our Constitution has always safeguarded us in every manner. At least  one member of every family should have a person from the legal profession. To pursue a career in law, according to me skills such as being a hard  worker is not the only key. But you should be smart enough. You must  have the ability to take the risk factors. Your confidence should be greater.  You should keep your legal knowledge updated always, you should be a public speaker, multitasker and presentable and definitely you should be tech savvy. 

    Get in touch with Priyanka Matlane-

  • I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline- SS Ahluwalia, Managing Partner-Chambers of SS Ahluwalia

    I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline- SS Ahluwalia, Managing Partner-Chambers of SS Ahluwalia

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

    Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this profession?

    I belong to the family of lawyers. I am a third generation lawyer. My grandfather Sardar Kuldeep Singh started his practice from Lahore High Court and after 1947 he continued the practice in India. Thereafter my father Mr APS Ahluwalia Sr. advocate started his practice in 1971. Our chamber is almost a hundred years old in the legal profession. In order to continue the legacy I chose to be a lawyer. I qualified LLB in 2004; and after qualifying LLM from Cardiff University, United Kingdom in international corporate laws, I joined JSA in the team of general corporates and capital markets. I did many private equity transactions and IPOs during my three years experience at JSA. But my love for litigation had never ended. I always used to see the working of litigation lawyers at Ahluwalia Chambers that always fascinated me. Someday I had to make a decision to join my family office, to continue and pursue the legacy left behind by my grandfather. So I joined my father’s chamber known as Ahluwalia Chambers. 

    You have extensive experience in various areas of law, including commercial arbitration, corporate commercial and contract law, media-entertainment, property & succession laws, banking and recovery laws, fraud and white-collar crime laws, and constitutional disputes. How did you develop such diverse expertise, and what attracted you to these specific practice areas?

    I have almost 19 years of experience at the bar. As a lawyer, I have always learnt that one should never try to focus on a particular subject in the initial stages of practice. With the advantage of joining a family chamber I tried working on every case as and when it was required and it is required. According to me a lawyer is always a student of law who has to learn from everyday experience in the court. Having said that, the lawyer has to look for the opportunity to appear in as many legal issues which helps him build his practice and experience at the Bar. It is this experience by working on various legal issues the judicial mind starts working which is also the building of the court craft.

    Throughout your career, you have represented clients in the Hon’ble Supreme Court of India, Delhi High Court, and various tribunals and appellate authorities. Can you share some notable cases or achievements that you are particularly proud of?

    According to me every brief on the Advocate’s table is important. But at times there are certain cases which are labelled as landmark judgements. This experience is always in the career every practising advocate. This also helps in building a in him/her a true lawyer and a confident practitioner. Some of my noted judgements in which I had been able to get legal points establish as precedents such as Arun & ors. Vs State, NHPC vs. Patel L&T JV, Brig.Dhir vs. Parsvnath Developers Ltd, Aroon Purie vs. OP Bhola & Ors. ; IFCI vs Ceylon Biscuits, Sunil Sikri vs GHPS & Ors., Hargovind vs. State; And few more. But I think that every case has always been very important to me and I always try to put the best of my abilities. As an advocate, I am first officer of the court to assist the court for adjudicating the dispute. It is my duty that I do put the case before the court to achieve the success for my client. We can’t be emotional to any brief. To get the justice, an advocate is duty-bound to his client to do justice with his brief.

    You have represented a wide range of clients, including statutory bodies, PSUs, private limited companies, and infrastructure companies. How do you approach representing different types of clients with varying legal needs and challenges?

    Chamber practice is very different from the corporate firm practice. As a litigation lawyer. We don’t approach the client. The clients look for the lawyers suitable to them in the market as per their requirement. I also believe that good work is always recognised in the commercial world. There is always space for everyone but abilities are to be shown. Under the Advocates Act we have many restrictions. Primarily we cannot advertise ourselves so the only way to make yourself recognised in such a huge competitive world is to perform to the best of your abilities and the client will definitely follow. To some extent, networking and word of mouth by friends and existing clients also helps in building up the client base.

    As an advocate, you have been involved in high-stakes disputes involving substantial sums of money. Could you share some insights into handling such complex cases and the unique challenges they present?

    Every case has unique facts and legal issues involved. Not only that every case has its own line of action irrespective of the stakes involved. The sum of money doesn’t matter, what matters is the resolution to the problem. So as an advocate we have to get into the complexity of every dispute with the existing precedents. Without the application of proper law, it is not possible to convince the court. The most difficult challenge arises when the opposite lawyer is a senior advocate. Although it’s a learning experience, at the same time, it becomes more challenging to contest against someone who is designated by the court as a judicial expert. Nevertheless, such challenges help in making you a hard-working and laborious lawyer.

    Apart from your litigation practice, you also have experience in legal drafting and have several reported judgments to your name. How do you balance the different aspects of your legal practice, and what skills are essential for success in both litigation and legal drafting?

    A good drafting skill is inevitable for an advocate. Until and unless he/she doesn’t have the skill of putting the case properly in the pleadings, it is not possible for an advocate to put it before the court. Drafting and arguing are related to each other. Both the skills are learnt with the experience. There is no automatic or quick route to it. While preparing the case always remember to refer to the statutory provisions and the settled law. It is very important that a lawyer should be very conscious about each and every fact before preparing the pleadings. At the same time, this experience also helps in drafting, legal opinions, contracts and other legal documents. 

    You have been recognized for your professionalism, ethics, and pragmatic legal advice. Can you share some strategies or principles that guide your approach to client representation and legal advocacy?

    I think it is discipline. I have inculcated discipline while looking at my father; and the ethics he follows in the profession. It is very important that we always follow our respected seniors at the bar. They are the real mentors for the budding lawyers. Their experience guides us to become a good lawyer as well as the officer of the court. It is from that experience, I have learnt that I should always be honest to the client. False promises are always dangerous. Be true to your brief and guide the client within the legal perspective.

    Being appointed as amicus curae by the Hon’ble High Court of Delhi and serving as Standing Counsel for Delhi High Court Services Legal Aid Committee, you have been involved in civil and criminal cases from a broader perspective. How has this experience shaped your understanding of the legal system and the role of advocacy in promoting justice?

    It is very important as an advocate to serve the society. India is a huge country with various kinds of people in Indian society. As the litigation has become expensive. At times it is difficult for everyone to afford lawyers, especially good lawyers. The legal aid provides legal services at free of cost to the citizens who are not able to afford litigation. While working as a legal aid lawyer, it made me realise the sufferings of the needy. I also got the opportunity to appear in a variety of issues before the Hon’ble High Court. It is the true experience, where you put forth the case without any financial interest and that’s the passion needed in you to provide the best of the output. It gives immense satisfaction and of course the appreciation of the court. 

    As an advocate, it is an honour to be appointed as amicus curae. It is an opportunity for assisting the court as its friend. Any kind of assistance given by the lawyer is always appreciated by the court. So it is important to give the best as Amicus. 

    Given your vast experience and knowledge in the legal field, what advice would you give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?

    I have learnt the three important cardinal principles behind the making of a good advocate- knowledge,  perseverance and discipline. Success in the legal profession is not overnight. My father always says that the youth of the lawyer is lost on the table. Spend maximum time reading the latest judgements, and update your knowledge. Always prepare the brief well in advance. While entering the court, a lawyer should always be ready with brief. Avoid seeking adjournment because every hearing is an opportunity. Always sit in the courtrooms and attend the court proceedings attentively. 

    Lawyer needs to have patience in order to establish himself as a litigation lawyer. This might lead to difficult days as well but the passion and sincerity towards the establishment of practice is the only driving factor for a lawyer. It is important that young lawyers should encash every opportunity and should not refuse any brief for the sake of fee.       

    It is important that a lawyer is socially strong. From the very first day while entering the profession Start working to Develop your goodwill amongst the members of the bar. Young lawyers should be respectful to the seniors and the court because one day you will also become a senior member of the bar.

    Lastly, with your involvement in legal conferences and your contributions to various media publications, could you share some insights into the importance of staying engaged with the legal community and sharing knowledge with a broader audience?

    Indeed, it’s a wonderful experience to share knowledge at conferences, not only that by listening to other speakers we also gain knowledge. Legal conferences also help you be introduced to potential clients. It also helps in building your social network. The client building process is very gradual- out of sight is out of mind. So it is necessary that an advocate continues to show his existence by way of writing articles or attending legal conferences as and when the opportunity is given.

    Get in touch with Sukhamrinder P. Singh Ahluwalia-

  • I think the only thing that any legal professional can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape- Anubhuti Mishra, Partner at P&A Law Offices

    I think the only thing that any legal professional can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape- Anubhuti Mishra, Partner at P&A Law Offices

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

    Please tell us about your educational background and the path that led you to pursue a career in law, particularly specializing in competition law?

    I have always had a keen interest in economics and competition law. I studied an optional paper on competition law while pursuing B.A. LLB (Hons) at Hidayatullah National Law University, Raipur and participated in a few antitrust law moot court competitions. I graduated in 2013. During the first couple of years post my graduation, I was working across general corporate and project finance. But even during this period, I was closely involved in adjudicating competition law moot court competitions and academic writings related to the field. So eventually, I decided to pursue a specialized post graduate degree course in competition law in order to switch to this practice area.

    What motivated you to focus on competition law, and how did your LLM in Competition Law from King’s College, London contribute to your expertise in this field?

    As I mentioned, I was always interested in competition law as an academic stream and a practice area. I had interned in various competition law teams during my undergraduate degree and I had worked with the alumni from King’s. I also researched about the faculty in various universities offering an LLM in Competition Law and the faculty at King’s seemed to be a remarkable group of full time academicians, practitioners and ex-members of competition regulators from various jurisdictions. I had an offer from a few other universities in London and in the USA, but I ultimately decided to go to King’s. I would always encourage people to check the particular department they are interested in before deciding on a university, as this is directly related to the kind of exposure you would get and the type of people you will be networking with. This will decide the kind of opportunities you will likely encounter post your degree. Given the diverse academic and professional background of the faculty at King’s, I feel studying at King’s not only offered me a good insight into the practice of competition law in mature jurisdictions like the UK, EU and USA, but also helped me understand varied perspectives on the subject – that of academic scholars, practitioners and people who had been involved in policy making. Such understanding and exposure helps shape your own approach towards the practice area and definitely contributes immensely to your learning curve.

    Could you share some of your experiences and highlights from your work as a Partner at P&A Law Offices, especially in the area of merger control? What are some notable cases you have worked on and the outcomes you achieved?

    I have had the opportunity of working on some challenging combination filings as well as gun jumping cases, during my stint at P&A. One case that stands out is the Amazon-Future Retail case, where the Competition Commission of India (CCI) has passed an order keeping in abeyance an approval granted by it more than two years ago. This case is currently pending in appeal before the Supreme Court. It is one of the most interesting and challenging cases I have worked on not only because it involved a lot of economic analysis during the filing and review of the notification itself, but also because it involves a lot of important questions around the interpretation of the CCI’s powers of review in relation to combinations and the threshold for establishing a case of gun jumping and non-disclosure or misrepresentation in combination filings.

    In the field of enforcement and litigation, you have represented major companies like Tata Steel and Amazon. Can you discuss a specific case where you successfully defended a client against allegations of cartelization or unfair trade practices?

    I have personally worked on a cartel investigation against the Bearings Division of Tata Steel and I would consider that case to be a success as well, because despite the fact that the investigation was initiated on the basis of two leniency applications, no penalty was ultimately imposed on the opposite parties. It was quite an interesting case as it involved a lot of economic analysis of challenges faced bythe industry as such as well as examination of the evidence on record to prepare our defense. I have, in the past, successfully represented Amazon in some informations that were dismissed by the CCI at the prima facie stage itself. However, with the shift in regulatory focus since the publication of the market study on e-commerce in India, digital markets are facing increased scrutiny and it is immensely humbling and rewarding, at the same time, to have the opportunity to work on cases which will set the regulatory standards for e-commerce in India.

    As an advocate, you have also been involved in coaching and adjudicating various moot court competitions. How have these experiences shaped your understanding of competition law and its practical application?

    I have always believed that the learning of law transcends the classroom and moot courts are definitely one of the best ways to achieve conceptual clarity and test your skills of interpreting the law. This is more so in the case of Indian competition law, as the regime itself is barely a decade old and the body of jurisprudence is still evolving. And given the underlying economic and commercial analysis that is inherent to this field of law, mooting can certainly provide budding competition lawyers with the necessary skillset of legal analysis, research, procedural nuances and interpretation which can help them in the actual practice of the law.

    Apart from your legal work, you have also published articles on topics related to competition law and commercial dispute resolution. Can you briefly discuss the key points of one of your publications and its significance in the context of the Indian legal landscape?

    I think one of my first publications in the field of competition law was an article on the approach taken by the CCI in 2015 in relation to online marketplaces like Amazon, Flipkart and Snapdeal and highlighted how the CCI affirmed the principle that competition law is for the protection of the market as such, and not individual competitors. The e-commerce sector was still evolving at that time and the regulatory intervention was limited. In fact, it is serendipitous that my dissertation during my LLM was on merger review standards for multi-sided platform markets and I eventually went on to work on such cases involving digital markets. And now the regulatory focus is changing in light of the evolution of e-commerce in India in the last few years and the need of the hour is to balance the incentive for innovation while protecting competition.

    In your opinion, what are the emerging trends and challenges in the field of competition law in India, and how do you think the legal profession can adapt to these changes?

    I think these are some exciting times for practitioners of competition law, given the review of the last decade of enforcement of the Competition Act and the new amendments that have been introduced (and some of which that are yet to come into force). Both the merger control regime as well as the enforcement regime are set to undergo significant changes, both procedurally as well as substantively. Recent and proposed changes such as the introduction of confidentiality rings, green channel combination filings, settlement and commitment mechanisms, etc. are yet to be tested on ground, against the unique Indian commercial reality. This is already making businesses as well as legal practitioners recalibrate the conventional approach that was carefully developed over the past decade. I think the only thing that any legal professional (not just competition law professionals) can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape. Learning is always a continuous process in the legal profession and that is the way to cope with evolving legal systems.

    Can you share any memorable experiences or lessons you have learned throughout your career that have had a significant impact on your professional growth?

    I believe you can always find something to learn from every new case and from every new person that you come across. It’s tough to choose any one experience which has shaped my professional growth. But if I have to cite one instance, then it would probably be working on a writ challenge that we had filed on behalf of a client against an ex parte prima facie order issued by the CCI, directing an investigation against our client. We were before the Karnataka High Court and Mr. Gopal Subramanium was leading us in the matter. The admission stage hearing went on for three consecutive days and we eventually got an interim stay. But those three days were harrowing as well as exciting. I personally believe, that I learnt the most – in terms of statutory interpretation, legal analysis, preparing for briefings and just a general sense of grit and resilience that this profession demands. Of course, working with Mr. Subramanium is a cherishable experience in itself. But I believe those three days shaped not only my knowledge of law but also my work ethic itself.

    What are your future goals and aspirations in the field of law, and what steps do you plan to take to achieve them?

    I have always admired the confluence of academia and practice in the education system abroad, in countries like the UK and USA. Being taught by both practicing lawyers and academics certainly gives you a more holistic perspective of the subject you are studying. I don’t see that as a very common practice in India and I personally, would like to get into academics at some point, along side my practice. I have been involved in a few guest lectures from time to time over the last couple of years, but I would like to be more involved in academics going forward. For which I need to manage my own time better, and I guess I shall focus on that this year.

    Finally, considering your extensive experience in the legal field, what advice would you give to law students or fresh graduates who are interested in pursuing a career in competition law?

    It is a challenging as well as rewarding area of practice. While it can be exciting to be a part of a niche practice area and an evolving system of jurisprudence, it can be equally challenging, as it will push you to push your own boundaries. While an LLM/specialization in this subject will help you connect with like-minded peers and professionals, it cannot replace hands-on learning. As I have said earlier, the learning curve is much steeper outside classrooms – in moot courts and internships. So if you are interested in this area of practice, you should focus on building your publications in this subject, participate in moots concerning this subject, intern with competition law teams to acquaint yourself with the law as well as individuals practicing this law.

    Get in touch with Anubhuti Mishra-

  • I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give- Suadat Ahmad Kirmani, Partner, IndusLaw

    I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give- Suadat Ahmad Kirmani, Partner, IndusLaw

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

    Sir, please tell us about your journey and how you ended up pursuing a career in law, specifically in the field of dispute resolution and advisory services?

    Law was not something that I planned to pursue. In fact, when I was in school, I wanted to join the Air Force and hence took up Physics, Chemistry and Mathematics as my subjects. However, I could not pursue that. Then the obvious choice was engineering, given my PCM background although I was not excited about the same. Having been an avid debater in school with a flair for writing, my friends and family used to joke about me becoming a lawyer someday. After a few discussions with my family, I decided to study law. 

    The journey has been full of ups and downs as with most of us. However, I have had the privilege of working with some fantastic lawyers who mentored me and helped me learn the ropes. I started back home in Srinagar in the trial courts which is the bedrock that I have built my career on. After spending little over a year in Srinagar, I moved to New Delhi and took up a corporate job. This was for two reasons – one was to get a flavor of something different than litigation and secondly, to be able to support myself while I found a decent chamber/firm which would take me. My focus, though, was always dispute resolution. In fact, in my college years, I interned only with Disputes teams. I have always loved litigation and arbitration right from my college days and that is where I always wanted to be. Further a lot of the clients that I represent include public sector undertakings which, apart from regular litigation and arbitration work, rely a lot on us to guide them in contract management and claims management which form a part of the advisory services. Advisory is not limited to only providing legal opinions but has many facets like analysing the merits of the case before initiating any form of Dispute Resolution mechanism, and sometimes dispute avoidance advisory etc. In fact, nowadays, advisory has become an important part of our work which no lawyer can escape from.

    With over 11 years of experience in arbitration, construction disputes, civil commercial litigation, and other areas of law, what initially attracted you to these areas of specialization?

    While I always knew that I wanted to be a litigation lawyer, I did not think of any specialisations. In fact, I still don’t think I have ‘specialised’ in any one stream of Dispute Resolution but certainly have done some types of matters more than others. The process of getting involved in arbitrations and construction disputes was very organic though unplanned. The team that I was a part of was involved in many high-stake construction arbitrations and that’s how I was introduced to this area of law. I was intrigued by the techno-legal aspects of these disputes which developed my interest further.

    As a highly experienced legal professional, you have represented a wide range of domestic and multinational clients in various courts, tribunals, and arbitrations. Could you share some notable cases or experiences that have shaped your career?

    Each case has taught me something new which had a huge impact on my career. However, there were few cases which were more challenging than others and required not only law related solutions but grasp of technical aspects as well. In this context, I would share the first case that I worked on where we were representing a very important Public Sector Undertaking which was tasked with developing the test tracks and related facilities in India. This case was unique for many reasons but most importantly this kind of work was being executed for the first time in India and the contractors had no prior experience in executing such contracts. Therefore, there were many issues ranging from scope of work to procurement to civil works etc and the claim amount was also huge. At the beginning, I had no clue about anything but as the time went on, I picked up things including the technical ones. I had a very supportive Partner that I was working with, and the clients were there to answer my queries as well. This was the case that drifted me towards infrastructure disputes and rest, as they say, is history. After observing my work for a couple of years, I was nominated by the Firm, that I was a part of at that time, to undertake a course on construction project management from RICS Academy which was very helpful in further understanding the deeper concepts of infrastructure projects.

    You have advised foreign companies on their projects in India and represented them before arbitral tribunals and courts. What unique challenges or considerations arise when working with international clients and navigating cross-border legal disputes?

    Advising international clients is always a different experience and comes with its own set of challenges. For example, when I was part of the China Desk at one of my previous offices, one of the major issues was the language barrier. It can be more challenging than we think. Then comes the difference in legal systems. It becomes difficult to explain how the courts work in India. Further, managing expectations is also a challenge like when they bring the knowledge of their legal systems and try to implement that in our system. One incident I remember is while I was advising a Chinese company in a case for recovery of some dues from an Indian company, the client asked if I could file an application seeking directions from the court that the debtor company’s promoter cannot fly business class, go to expensive restaurants or party in high end clubs until he has cleared his debts. It took a lot to explain to him that we do not file such applications in India. I must add that cross border arbitrations are smoother than litigation matters though. However, I strongly suggest that whenever an opportunity to work on a cross border dispute is presented, lawyers must take it up. This will give you an insight into the foreign legal systems as well as provide valuable experience of working with international clients which nowadays is required as the world continues to shrink into a global village.

    In addition to your legal practice, you have also been actively involved in speaking at conferences, delivering lectures, and co-authoring legal publications. How do these activities contribute to your professional growth, and why is it important for you to share your knowledge with others in the legal community?

    I believe it is imperative for all of us to share our knowledge with the younger generation of lawyers. Personally, I enjoy speaking to young minds at colleges and younger lawyers. They are full of energy and have so much to offer and the sheer passion in them is inspiring. They have a lot of brilliant ideas but lack the experience which is where an experienced professional can contribute to their growth. This also helps me in keeping up with what is happening in their world which enables me to be a better colleague specially to my younger colleagues. I also believe it is my way of giving back to the legal community, be it in the form of speaking at seminars, conferences or writing articles. I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give. 

    As a partner in IndusLaw, one of India’s premier law firms, could you tell us about your current role and responsibilities? What are some of the key aspects of your work that you find most fulfilling or challenging?

    Response: Being a part of the Disputes team, my day is like that of any Disputes lawyer, i.e., courts, conferences, meetings, reviewing of drafts etc. Apart from the regular court work, as a Partner, you lead a team which looks up to you for your experience and guidance. So, guiding the team, helping them out and the overall management of the team form an essential part of the work. Different members of the team come with different experiences and skill set. So as a Partner, I must be conscious of the same and ensure that we take everyone along and provide proper guidance and help to the team members. 

    I think what I find most challenging and fulfilling at the same time is the work we do. When you help a client in resolving their issues, it is extremely fulfilling. I also feel happy when I see my younger colleagues taking on more responsibilities and doing well in the courts. The challenges aren’t different from what you would face at a chamber, for example., ensuring quality work while meeting the committed timelines. 

    Throughout your career, you have worked on a wide range of legal matters, from commercial litigation to mergers and amalgamations, infrastructure projects, and white-collar crimes. How do you manage such diverse areas of practice, and what skills or qualities do you believe are crucial for success in handling such complex cases?

    Response: There is no shortcut or a fixed formula to be able to work on such diverse areas of practice. One of the most important virtues that one must inculcate is patience. It is not possible to achieve everything at the same time. Give it time. Take up one thing at a time. Give it your best and master it. Law practice is like a marathon and not a sprint. The required skills are, of course, the knowledge of relevant laws, ability to research and formulate the points in a cohesive and easy-to-understand manner, and good drafting skills. The good thing is that these skills are coachable, and you will have a lot of help to learn these skills. However, what you must have in addition to these skills are certain qualities, i.e., ability to work hard, integrity, and honesty. If you lack these, no amount of skill or knowledge would come to your rescue. 

    Given your experience in the legal field and your involvement in the Young IAMC Steering Committee, what advice would you give to fresh law graduates who are starting their careers? Are there any specific skills or areas of focus that you believe would be beneficial for them to develop?

    ADR mechanisms like arbitration and mediation are now preferred modes of dispute resolution. However, there is a huge dearth of professional mediation practitioners in India as well as subject matter expert arbitrators which means that there are ample opportunities for the upcoming lawyers to take up these areas and eventually become experts in them. Mediation is different from litigation as well as arbitration as it requires shunning the rigid ‘win or lose’ mentality which the younger lawyers who have a very fertile and open mind can do quicker as compared to lawyers like me who have been in the profession for some time now. My advice would be to take these subjects seriously in college, go for training wherever possible, take up internships which focus on ADR mechanisms, write papers which would help them understand the subject better. 

    Like I said earlier, law practice is like a marathon and not a sprint, so do not get disheartened if you don’t have a certain number of internships, paper publications, moots, MUNs etc on your CV. Work hard and be honest. Be critical of yourself but don’t be harsh on yourself. Also, please reach out to your family, friends, and mentors to discuss your concerns. Sometimes, the problems facing us seem big only because we perceive them as such. Therefore, it is necessary to communicate regularly and not the pressure of finding a job, getting a PPO etc get better of you. I understand these things are extremely important but your health – both mental and physical – comes first.

    Thank you once again for giving me this opportunity to share my thoughts with your readers. I wish the SuperLawyer team the very best.

  • IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

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

    Can you tell us about your journey in the field of law and how you ended up specializing in intellectual property?

    My journey of law began in 2010, when I got admission into Dr. RML National Law University, Lucknow. I was never particularly driven towards becoming a lawyer but was rather fortunate to “crack CLAT” owing to my academically sturdy graph throughout my student life. Without having any legal background or bent of mind, IP captivated me as a subject due to my musically wired brain and the brand conscious inner me. To my benefit, our IP professor in university made lectures fun and stimulating. Given my passion for music and quest for brand identification, pursuing IP-centric internships and choosing IP as a career path was a natural corollary.

    Ever since my graduation from college in 2015, I’ve been associated with Sujata Chaudhri IP Attorneys, a Noida-based IP firm and have been challenging myself to keep up with the changing pace of IP every year. Today, I advise and act for clients on all aspects of brands and their protection, including their registration, management, exploitation and enforcement, as well as copyright and design prosecution.

    You have worked with both Fortune 500 companies and start-ups. How does your approach differ when advising these two types of clients on aspects of brand protection?

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding. Right from startups to well-established and multi-national corporations, protection of human intellect holds utmost importance and deserves to be protected and cherished.

    While the practicalities surrounding the functioning of a Fortune 500 company and a start-up differ drastically, the applicability of the fundamental principles of law remains the same. Stepping into the shoes of the brand owners and understanding their current and future business needs is where the distinction in one’s approach to a matter really lies. While start-ups, generally speaking, are cost conscious and pick their battles wisely, it is imperative for lawyers to appreciate that every organization, irrespective of size, scale, funds, etc. has different priorities at different points of time. What may work for a Fortune 500 company may also, unlike the common perception, work for a start-up. Ultimately, it boils down to addressing a client’s needs in the most cost-effective and meaningful way.

    What, in your opinion, are the attributes that set IP lawyers apart from the rest.

    Creative thinking and having an eye for detail (having an OCD actually helps!) while juggling multiple matters. Research and writing skills go without saying, whether or no IP!

    With your extensive experience in handling trademark portfolios, oppositions, and domain name disputes, could you share some notable challenges you have faced?

    Statutory deadlines are absolutely sacrosanct in an IP attorney’s career. Missing one could cost you a client! Time is of utmost essence in a trademark lawyer’s day-to-day life. Those who can’t keep up with the pace might fade away…

     Some of the other challenges faced by IP lawyers revolve around the functioning of the Controller General of Patents, Designs & Trade Marks (CGPDTM). While the Trade Marks Registry and the Copyright Office have come a long way since I started practising in 2015, loopholes in the functioning of the offices, both due to administrative and technological reasons as well as inconsistency in stands taken by different officers, are bothersome and difficult to explain to clients. Being aware of the happenings in the offices and getting insights from friends and officials always helps appreciate situations better. My experience of filing complaints before the National Internet Exchange of India (NIXI) has been fairly smooth. The office has really streamlined its procedures and functioning over the years.

    How do you manage the coordination and collaboration with foreign counsel in different countries for trademark protection? Are there any unique considerations that arise in these cross-border cases?

    Corresponding with several clients across the globe having businesses in India and having business interests outside India, is a part and parcel of my day-to-day work. Breaking down complexities of the law in simple terms is the key to good communication. One should work on the assumption that the foreign counsel is unaware of not just the nitty gritties of your law but also the overview of it. Asking the right questions, seeking clarifications, if needed, anticipating questions from clients and factoring those in your advice are some good practices. Being in constant touch, and meeting, with foreign counsel at conferences also helps strengthens ties.

    You have appeared before various judicial and quasi-judicial bodies. Can you share a few examples of significant cases where you represented a client before the Trade Marks Registry, Delhi High Court or another court, and the impact your representation had on the outcome?

    I was part of the team that advised one of the firm’s international pharmaceutical clients on a time-sensitive litigation along with connected rectification and opposition actions, briefed senior counsel, Mr. Sudhir Chandra, and obtained interim and permanent injunction orders within three (3) months of filing the suit. I was also part of the team that represented one of the firm’s popular international apparel clients in a trademark dispute against an Indian retail brand run by the Aditya Birla Group. Although the lawsuit, filed in the year 2015, was aggressively contested by both sides, the dispute was amicably resolved with the parties becoming business partners in India. I also independently led settlement negotiations regarding use and registration of the rival trademarks, with an electricals giant in India on behalf of one of the firm’s international luxury automobile clients. The dispute, which started back in 2017 and entailed filing nearly 60 trademark oppositions on behalf of the client resulted in a robust co-existence agreement. Very recently, I secured well-known protection for one of the firm’s pharma clients before the Trade Marks Registry, that accords protection to the client over that trademark across all goods/services classes.

    You have been recognized for your contributions to the legal profession, including being a recipient of the “Honourable Mention” in the Indian Law Firm Awards 2021. What does this recognition mean to you, and how does it motivate you in your work?

    Such recognitions and awards are merely a validation of one’s perseverance and efforts over the years. It is the appreciation of my work by my Managing Partner and clients, and the reassurance that I get from my associates about my mentoring ability, that really matter the most to me. I truly believe that words of appreciation from someone you care about are great motivators, far more than any award/ tangible recognition. The power of words (and music) is supreme!

    Lastly, what advice would you give to fresh law graduates who are considering a career in intellectual property law based on your own experiences and insights?

    To really focus on their careers (read learning) by taking small steps every day, and not on money or “great international clients” in their initial years of practice. Looking for “growth” as, very often, candidates I interview tell me, is meaningless unless you know what this term means to you. Growth, for me, is a natural phenomenon rooted in every individual’s career trajectory and needs to be honed every year (not handed over on a platter that smells of good money). Do good work and money will follow…

    Being familiar with the IP subjects taught in law school, doing IP internships in your later years of law school, and being abreast of latest developments in courts and the IP offices would always give you an edge! With many offices and courts moving to virtual hearings post the pandemic, law graduates can observe proceedings virtually and get pointers on the practical functioning of these offices.

     IP offices’ efforts in fast-tracking procedures, digitization of filings at the IP offices and introduction of several specialized IP software have really changed the landscape of IP practice over the years. From days where all filings were done by hand, to today, where online filings are a norm, IP as a practice area for lawyers has come a long way. Besides this, the formation of commercial courts across the country and the constant enrichment of IP jurisprudence by the Delhi High Court, in particular, have further strengthened the IP industry and scope of this field for upcoming law graduates.

    Get in touch with Deeksha Anand-

  • The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

    The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

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

    My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.

    You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?

    The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.

    You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?

    The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.  

    You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?

    Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.

    In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?

    An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.

    The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?

    One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.

    Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?

    Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.

    Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?

    They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.

    Gin touch with Varun S Ahuja-

  • To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

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

    As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?

    I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.

    What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?

    There are several challenges that corporations and individuals face in litigation today, some of which include:

    1. Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
    2. Time: Litigation can take a long time, often stretching on for months or even years.
    3. Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.

    To navigate these challenges successfully, individuals and corporations should consider several strategies:

    1. Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
    2. Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
    3. Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.

    You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?

    Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.

    Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.

    Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.

    Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?

    Some of the most common issues that arise in property related transactions are:

    Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.

    In land transactions, revenue records remain to be updated.

    In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.

    Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.

    It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.

    How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?

    There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.  

    Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.

    I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.

    Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.

    And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.

    Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.

    Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?

    The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.

    Get in touch with Murtaza Kachwalla-

  • The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

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

    Sir, our audience would like to know about your journey before you joined Cyril Amarchand Mangaldas

    I was born and brought up in Patna and did my schooling from Patna (Don Bosco Academy and St Michael’s High School). Just like any other middle class household, focus of my parents had always been on education. During school and even college I had just been an ‘above average student’. Whilst I was never the batch topper, from as long back as I can remember, I always wanted to actively participate in any event that came my way, which was related to public speaking. This was maybe the decisive factor in me opting for law. I completed BA LLB (Hons) from GGSIPU, Delhi in 2016. Before joining Cyril Amarchand Mangaldas, I have worked with Shardul Amarchand Mangaldas and briefly with Dentons Link Legal, Delhi office (Link legal was a campus placement). During my law school tenure, I had the opportunity to work as an intern under the able guidance of excellent general corporate teams of some of the best law firms in the country. I am currently working as a Principal Associate with Cyril Amarchand Mangaldas. My practice area primarily includes domestic and cross-border M&A transactions, and general corporate matters including restructurings.

    How were your initial years as a junior associate?

    There is a general perception that the initial years are tough if you are working with a law firm. Irrespective of whether you are working with a law firm or working with a senior in a chamber etc. you need to work really hard as a junior. This is inevitable and every fresher has to face this, and even I was no exception. The fear of the unknown, fear of making a mistake used to be perpetually there. As a fresher everything you are doing is new to you. There is a huge gap between theoretical knowledge and its practical application.  Hence, a junior has to spend more hours and there is no short cut to that. The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others. This profession demands hard work (irrespective of the designation) and the sooner you accept this the better it is.

    Hard work and sincerity will always be given preference over just intelligence. Infact I firmly believe that if the initial years are too comfortable (in terms of work quality, number of hours etc.) it will in some way or the other adversely impact your professional growth. I was fortunate to start my journey under the guidance of some of the finest corporate lawyers of the country. If you have good seniors, you feel motivated to push yourself and give your best. Hence, I believe that role of a senior is also crucial for the growth of a fresher. People mostly quit bad seniors and not the organization or the work. A lot has been written and said about having a ‘work life balance’. This is something very subjective. Someone may get free at 7 in the evening and may feel the lack of motivation to pursue any other hobby, while the other may get free at 10 in the night and may be able to pursue a rejuvenating hobby.

    What is your take on the on-going discussions in relation to mental health issues being faced by young lawyers?

    Each of us may have issues which we may not be able to or be willing to share with everyone (specially office peers). Waking up every morning, separating your personal and professional life and going out, giving your 100 percent is never easy, in such a situation. Mental health should be taken very seriously by each individual and by peers as well. Specially in a profession like ours where you need to always give your 100 percent, not just to thrive but even to survive. It is nearly impossible to work efficiently if there are things effecting your mental well being (reasons could be personal or professional). Allowing your peers and team members that space to open up, talk about such issues can go a long way in not only increasing overall work efficiency but also in building strong bond between the team members.

    Sir, you have carved out a career in one of the best law firms in India. What were the things you did right (and wrong) in your journey so far?

    I would break this answer into two halves- one being the time spent in law school and the other half being the time spent as an associate in law firms.

    During law school, specially during the 4th and 5th year, I realized the importance of internships. If you are not from the top 5-6 national law schools, there is no other way to start working with good law firms. An internship gives you an excellent opportunity to show case your hard work and sincerity, and I believe every law student should take up internships very seriously and never intern merely for a certificate or just to fill up CV. I personally took my internships very seriously and tried to make the most out of them. Infact the team I have been working with from the past 6 and half years is the same team I interned with in my final year in law school.

    Once you start working, the first thing which you should do is try to develop dependency, and learn to be accountable for your work. ‘Being available to help’ and ‘working hard’ are the two most important attributes. You may not be the smartest one in the room, but you can work harder than the majority. That is totally under your control. Every criticism should be accepted with a positive frame of mind. As a junior one is bound to make mistakes. The most important thing is how you outgrow your insecurities and learn from your mistakes. One should never try to settle for less, specially during the formative years as a lawyer and try to always push your limits. If you start giving too much importance to work life balance in the initial stage of your career, some way or the other your professional growth may get hampered. However, I see this as a choice- one may prioritize work life balance coupled with gradual and slow growth over sharp growth over a short span. Hence, it should always be a personal decision. 

    The major part of your career revolves around corporate law. Which aspect of this thrills you the most?

    Every aspect of my work thrills me to be honest. If you don’t love what you are doing, there is something wrong with either what you are doing, or your career choice. As a corporate lawyer you get to work on some of the biggest M&A deals happening in the country. You get to engage with, work with some of the sharpest minds across various sectors. You grow not just professionally but also personally. That I believe is the most satisfying aspect of the work I majorly do.  For students / professionals who want to work with law firms, the motivating factor should always be good quality of work, better learning curve, experienced seniors to work with. One should never get carried away by hearsay negative feedback about an organization or law firms in general. At the same time never get carried away by the ‘Harvey Specter’ effect where you get enticed by other lesser relevant factors (clothes, cars, money). In long run everything follows if you are motivated and willing to work hard. ‘Overnight success’ doesn’t exist. Each day counts.

    You have effectively facilitated some major Mergers and Acquisitions. What are your key learnings while dealing with those cases?

    In my limited experience what I have understood and learnt so far is that working hard, staying updated and on your toes, are not just the only areas where you need to be good at. In addition to the above, meeting client expectations and being able to meet deadlines (internal as well as external) is something which is very important. All the hard work, sincerity is of no use if you fail to meet expectations of your senior or the client. I believe majority of the success one attains in one’s professional journey comes from being able to ‘understand and deliver as per the expectations’. Efforts which are channelled always meet better results. Hence, before working on any deliverable, understanding expectations of your client / senior is of utmost importance. 

    Internships in Tier-1 firms have been the hardest yet most desired by budding law graduates. Can you share a few suggestions which could help them to materialize the same?

    Networking and visibility is the key. Law students, specially from tier 2 and tier 3 law colleges should make it a point to mark their presence both physically and virtually in legal space. This can be by way of being physically present for seminars and conferences and being active on Linkedin. Students should keep themselves updated and actively write articles/ papers/ blogs on legal issues and changes. One cannot expect approaching anyone directly without any prior interaction, and getting an internship at one go. Students should follow a two way approach for getting internships – (1) applying well in advance (6-7 months atleast) to atleast 30-40 law firms and following up regularly (sending just 1 email for internship is as good as not applying for an internship) ; (2) building a strong presence of Linkedin by way of writing articles/ blogs, getting in touch with seniors, alumni, sharing your work with them on a regular basis, and then approaching them for internship.

    What do you think is the best for a law student to do with respect to internships? Short-term internships over several genres of law or long-term internships in a specific field of law?

    Interning multiple times with the same organization, in the same practice area with the same team preferably is better than interning 10 times with 10 different firms across different practice areas. Interning in the same practice area multiple times helps you to hone your skills and build your knowledge base in that specific practice area.

    Do non-NLU graduates stand a chance as freshers with Top notch law firms?

    Yes, absolutely. As I said earlier, internships are the best way to showcase your hard work and sincerity. If you meet the basic threshold set by a team for a fresher, and are able to demonstrate the hunger to work hard, learn and grow, college will not matter. I am also not from any NLU for that matter.

    Sir, you have a myriad of journal publications under your name. How important do you think publications are for a law graduate, both as a student and as a professional?

    Research papers become a talking point in your interview. No law firm will hire you just because you have 5 good publications. However, it does demonstrate that you have good research skills and that you were able to analyse a legal point. In an interview if you are able to substantiate on that legal issue, it can go a long way in creating a positive impression in the mind of the recruiter.

    What is the importance of moot court competitions in a CV?

    Just like a paper publication, no moot court competition can get you a job. Even if you end up winning 5 moots, no law firm will hire you solely on that ground. Participation/ winning a moot court competition demonstrates that you have good research skills and again it would be a talking point in your interview. However, I would encourage all law students to actively participate in moot court competitions and write research papers. In law school you would get to learn application of law mostly by way of your participation in co-curricular activities. 

    Lastly, what advice would you like to give to Non-NLU graduates who have big aims to get into prominent tier-1 law firms? 

    With my limited experience in legal space, the only advice I can give to anyone is to have faith in hard work, and sincerity. Hard work and sincerity would always be preferred over intelligence. Have short term goals for each semester and decide how many papers you want to write, where do you want to intern, how many research papers you wish to publish and then act accordingly. Belief in hard work more than destiny should be the mantra.

    Get in touch with Akshay Pathak-

  • “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

    “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

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

    How did you become a lawyer from being a poultry farmer and broom seller?

    After graduating in B.Sc from University Maharaja College, Jaipur, I ran small poultry farm along with selling brooms in local city areas. Managed day to day work, did labour / manual farm work & selling broomsticks. Upon one of my travel to New Delhi got a chance to see law firms which changed my idea from being a poultry farmer & broom seller to become lawyer. It was a very difficult phase of my life as to transition from being a labourer to become lawyer without any generational support, no one known in Delhi or in legal fraternity to support but it was one of the best times as well.   

    How satisfying has your journey been, transitioning from a litigator to becoming an in-house counsel with one of the topmost corporations, and now returning to being a partner and dispute resolution lawyer with a top law firm? 

    God has been kind. Being first generation lawyer was privileged to work with Karanjawala & Company India’s top law litigation firm. There practiced all segments of law criminal & civil. I appeared for various clients involving peculiar kind of legal issues before various Courts & briefed Senior Counsels. This made me not only learn the basics of law but how to appear before Courts and be dutiful towards Clients and most importantly Courts of Law. Apart from this practiced law with Chambers of Ankur Chawla for a short period where got experienced more of Trial Court.  

    I further worked with great corporates like Hindustan Unilever Limited (HUL) as Regional Legal Head where handled general corporate advisory related to Food Laws, IPR, Retail, Franchising, Brand Protection & General Litigation involving various segments of laws, Compliance & Reporting, Code and concept of business partnering.

    The experience with Indiabulls Housing Finance Limited taught me intricate nature of financial laws, complexities of Real Estate laws (RERA), Insolvency (I&B Code), Facets of Consumer laws, how to handle complex litigations & large legal teams.

    Wipro Limited being Information Technology Giant offered rich knowledge on global eco-system surrounding Ethical & Code practices, Trade & Sanction Laws, Anti- Bribery and Anti- Corruption landscape, Code Policy drafting clubbed with Enterprise Risk Mitigation, Functional Support to Internal Audit and other functions, training & delivery on statutory compliances to Audit Committee and Board. These stints benefitted me with overall rich experience in handling legal issues related to FMCG, Banking and Info Tech nature of businesses.

    All clubbed together are of immense legal & practical value which assist me to handle issues from Client & Business perspective. I must state that it’s an extremely difficult role to be In-House Counsel but it’s truly fascinating to help the brands grow in most effective & compliant manner. Today I appear in various Courts and practice law which I believe is the duty of being a true lawyer.     

    Whether working in-house or with a law firm, what are your thoughts and what are the key attributes required for a lawyer?

    Both are truly fascinating & satisfying. Working In House within Company has variety of attributes which may be:

    • Complete know how of your business & functions
    • Knowledge of Functional Laws & its implications
    • Red flagging key issues and reporting with ease and without legalese
    • Weak points, how to highlight with solutions absorbable by business partner
    • NO to be avoided as it’s taken as not able to business partner but have balancing approach
    • Exhibit & highlight your work upon every stage regardless nature of work else non-highlight of work at appropriate time & spot weakens its delivery value.
    • Ability to showcase achievement without delay to your superiors and demonstrate value towards the company

    Keeping above aspects in mind, the lawyer doing work in-house should be able to demonstrate the outcome immediately to management.

    Working with firm & lawyers- the key attributes which may be:

    • Ability to conduct swift & voracious reading of papers on short time
    • Grasp facts without any constraint
    • Prepare error free draft in easy legal language   
    • Up to date Legal knowledge of the issue at hand
    • Overall handling & case management (Start to End)
    • Client & partner satisfaction
    • Timelines and Delivery
    • Sincerity & Devotion – as outcome of the case is decided by Court where no errors can happen
    • Smoothly conduct conference with Client and Senior Lawyer
    • Conduct research of case laws, precedents for the issue at hand
    • Most importantly liking for law and legal profession
    • Maintaining diary of dates and filing  

    Considering above my view is – it depends on lawyer as to where the professional satisfaction is matched. Both are good to learn and practice law.  

    How do you provide the best possible legal advice to a client even though telling the truth may affect revenue?

    Firstly honesty is the only way. Must have non- negotiable honesty with clients whilst providing legal opinions or leading them in litigation. Represent them with honesty before Courts as primary duty of lawyer is being officer of Court. Secondly there is no substitute for hard work. Work hard on clients briefs and research law/ try your best to get relief for client without loss of integrity.

    How do you feel now that you’re back in practice from the in-house advisory?

    I think that both are always good and satisfying.

    To be successful you need to take bigger challenges and grow out of your comfort zone. That is what life is all about.

     However it is always good to be in active legal practice, help various clients resolve issues, appear before Courts for their rights and interests. This would mean to deal in real time cases, draft pleadings, research law and precedents which is very different than sitting in background and advising In- House. However it depends on what a personal choice is for a lawyer & what is the preference. Sooner and later the In House advisory would end due to job becoming mundane, no challenges, burn out or retirement but the legal world is always open for practice regardless of age.

  • Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

    Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

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

    To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?

    Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.

    Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.  

    You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?

    I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.

    I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.

    TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.

    By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.

    The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.   

    As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interesting experiences and outcomes?

    It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.

    One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.

    This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging.  However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.

    Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?

    Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.

    There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.

    Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.

    You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?

    This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.

    So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.  

    You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?

    This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.

    Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.

    Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.

    What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?

    As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.

    What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.

    What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?

    I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.

    Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?

    That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.