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  • Across Borders and Benchmarks: A Journey in Disputes, Insolvency and Restructuring. – Urvashi Salecha, Dual Qualified Lawyer and Legal Manager at Harneys, Hong Kong.

    Across Borders and Benchmarks: A Journey in Disputes, Insolvency and Restructuring. – Urvashi Salecha, Dual Qualified Lawyer and Legal Manager at Harneys, Hong Kong.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your career trajectory is truly inspiring. Having started your journey in India, what initially motivated you to explore opportunities abroad? Was an international legal career always your goal, or did it evolve with time and experience?

    While an international career was always intriguing, I did not really plan for this move. I relocated to Hong Kong for personal reasons and in hindsight, this was the best God gifted turn in my career destiny. 

    After working at Khaitan & Co for over two years, I was constantly fidgeting with the idea of pursuing an LLM from the UK/US to enhance my skills. In fact, my initial career plan was always aimed at being part of the Indian Judiciary after procuring an LLM. However, I ended up with a real life LLM (something like the real life MBA) upon my move to Hong Kong. 

    Sorry but nothing riveting about my international legal career albeit a very fulfilling one indeed (whatever be the catalyst). 

    In the early stages of your career, you worked with several top-tier law firms. What were some of the key takeaways from those experiences that helped shape your foundation in dispute resolution?

    Yes, I was fortunate to intern and work with many reputed law firms, legal professionals and even clerks with a High Court Judge before joining Khaitan & Co in Mumbai. Given our Indian legal education system is largely based on rote learning and lacks the practical and critical thinking aspects of the law, it is crucial to explore your interests by way of practical traineeships during your law school breaks. I would say these internships not only built a foundation in dispute resolution (for me personally), they were essential in preparing me for the private practice role I undertook with Khaitan & Co. It is your first tryst as a professional and guides you to (i) figure out where your interests lie (i.e. private practice, corporate in-house, academia and several other fields within the practice of law), (ii) develop interpersonal and communication skills, and (iii) really get a hands on experience on the culture and workings of that specific role (e.g. a law firm or a company). 

    After spending two years at a leading Indian law firm, you transitioned to international practice. What prompted this shift, and how did you navigate the cultural and professional differences between the Indian and Hong Kong legal environments?

    As mentioned earlier, my relocation to Hong Kong was part of God’s plan. When I moved to Hong Kong, my only professional acquaintance in this new jurisdiction was my husband, who is a banker. Basically, I had to start from scratch, reintroducing myself as an Indian disputes lawyer looking for private practice roles. To make things more exciting, shortly after my arrival, the COVID-19 pandemic struck, bringing layoffs and market uncertainties.

    Despite these challenges, I reached out to numerous professionals, sent cold messages, and built new connections daily. This journey required humility and grit, as the Hong Kong legal industry is highly competitive. Being a newcomer without Hong Kong qualifications or international law experience, I was rarely a recruiter’s first choice.

    Transitioning from a top-tier law firm in India, with an established pedigree, to being completely unrecognized in Hong Kong was a profound experience. However, these initial years in Hong Kong marked my steepest professional growth. I learnt the art of networking and the benefits of a strong follow-up. I knew that positions won’t be created for a junior lawyer such as myself and I needed to keep hunting for the appropriate opening so that when there is one, I get a chance to interview for that role. 

    I also did not want to wait for the perfect opportunity and I took up an in house role with a leading manufacturing company (Rochdale Spears Group) immediately upon my move to Hong Kong (before transitioning to private practice at Harneys (my current role)).  Whilst at Rochdale, I also simultaneously prepared for the Hong Kong qualification exams given my interests always lied in pursuing litigation. 

    You’re currently focused on cross-border insolvency litigation and restructuring. Having practiced dispute resolution in India as well, how would you compare the Hong Kong legal system with the Indian system? Are there specific procedures or practices from Hong Kong that you believe could be effectively adapted into the Indian context?

    While both Hong Kong and India are common law jurisdictions, the practice, procedures and especially case management are fairly distinct. To clarify, whilst I am Hong Kong qualified, I’m currently working at an offshore law firm where we advise clients on BVI, Cayman Islands and Bermuda laws (all systems largely based on UK and common law). 

    In my experience, litigation in Hong Kong, UK or any of the offshore jurisdictions mentioned above, is more mature and structured. 

    Firstly, there is an emphasis on early settlement (i.e. out of court resolutions). There are even certain pre action protocols to be followed and pre trial settlement is highly encouraged. 

    Second, if a matter does go to trial, it won’t last for several decades unlike in India. In fact, the courts will block a week or two for a specific matter to complete the trial (including evidence and final arguments). Adjournments are rare as compared to India (and mostly at the behest of both parties i.e. by consent if they are exploring settlement negotiations for instance)

    Having said that, India courts (i.e. higher courts SC/HCs as well as tribunals and lower courts) have a very high workload with judges handling large volumes of cases daily compared with the courts of the other jurisdictions I mentioned earlier. So it’s obviously remarkable how the Indian judges are managing these volumes. However, an intrinsic balance needs to be found, with perhaps higher no. of judicial officers and moving towards a less adversarial approach towards disputes and incentivising pre trial settlement. 

    Lastly, even alternative dispute mechanisms such as arbitrations are concluded more efficiently, with challenges to the final award considerably lesser as compared to India (where majority of the arbitral awards are challenged in Courts). 

    Being qualified to practice in both India and Hong Kong, how has this dual qualification enhanced your cross-border legal practice?  Could you also share your experience preparing for and clearing the Overseas Lawyers Qualification Examination (OLQE)? What strategies or resources were most helpful to you during the process?

    As challenging as it was, I thoroughly enjoyed preparing for the OLQE. To put things in perspective, the pass rate for these exams is as low as 20% so you know the odds are not exactly in your favour. 

    The exams are highly technical with all questions being completely application based. So you are essentially answering real life legal queries (in a time bound manner). As Indian law school graduates, we are so used to rote learning and exams lacking critical analysis, I was not only preparing for the HK law exams, I was re-learning the study techniques too. 

    It was a test of disciplined, structured learning  and being consistent and completely focused in your preparation leading up to the exams. You also need to keep ample time for revision given the vast breadth of topics that are covered within a single head of an exam. With some luck, and blessing coupled with hard work and finding the right tutors, I was able to clear all heads in my first attempt. 

    To answer your first question i.e. engaging in different jurisdictions and legal systems, it really allows you to widen your scope of learning, you are not just learning two sets of laws, you are also exploring and servicing different cultures. For me, at Harneys, we deal with several Chinese clients on one hand and common law judicial systems on the other. So that’s balancing a lot of interests at the same time. I think being curious, understanding client’s needs and ensuring efficient service has kept me afloat while working in both jurisdictions

    You’ve taken on leadership roles in both diversity initiatives and business development, with BD and networking now being a key part of your responsibilities. Since these skills aren’t typically taught, especially in traditional legal training, how did you cultivate them, and what guidance would you give to legal professionals looking to build confidence in this area?

    Yes, I lead the Tone from the Top committee at Women in Law Hong Kong and have been part of WILHK as well as other DEI committees/member groups. I’m also quite actively involved in the BD initiatives at Harneys. Whilst both are distinct and serve differing objectives, it all stems from the art of networking. 

    As you rightly point out, this is neither taught or even considered as part of your skillset in law school or as junior lawyers. I believe this is a quintessential ability to develop in any profession (not just law).  

    So how to develop these skills. To me, it happened very organically. I was in a new jurisdiction, completely out of my comfort zone. All regular methods of finding a job had failed (i.e. through recruiters or applications to law firm websites or HR personnel). So, I had to be creative with finding opportunities. I started reaching out to people on LinkedIn (even if I did not know them), asking for 30 mins of their time/ or a coffee chat. At every meeting, I tried to expand the network by asking for introductions to more connections or membership in communities. This really helped build foundations on communication skills and confidence to hold conversations. 

    The transition to being involved in BD meetings and initiatives at Harneys was easier based on the foundations I built early on. I think it all comes down to being aware of the opportunities available if you can take that first step. It’s important to have a strong legal foundation and technical skills such as writing, analysis and research. However, at the same time, it is equally important to  ensure that you’re perceived as a good lawyer, who is capable of being the face of a firm or representing the firm in front of potential clients. As you get elevated (e.g. at partner level), these are the skills that matter more. So it’s always better to build on these from the beginning rather than waiting to be in a leadership position. 

    As a Hong Kong-qualified lawyer currently advising on various offshore litigation matters (including such as the implementation of schemes/restructuring) in the Cayman Islands, Bermuda, and BVI, how do you navigate the distinct legal nuances of these jurisdictions? Furthermore, how would you compare the commercial and dispute resolution frameworks Hong Kong and India, and what key differences do you observe in their approaches to cross-border transactions?

    A very good question indeed and while I marinate in these challenges daily, not something I discuss often haha. The key is compartmentalising. Given the niche I’m in, its very easy to get muddled up with the laws of different jurisdictions. Given I assist with several cross border matters and a single work day may involve drafting pleadings for a Cayman scheme of arrangement court sanction, assisting in a BVI law advice on insolvency laws and end with a client call exploring litigation in Bermuda. 

    I ensure that I have separate notes and sections (physically in my room as well as digitally on my desk) for each of the jurisdictions and then each of the matters. You have to be extremely organised with filings, matter segmentation etc. And of course, with some time and experience, you just get more confident in dealing with complex issues by breaking them down into simpler soluble pieces and then attending to each of them separately. And as lawyers, the most important thing is to have a mindset of continuous learning. 

    For students aspiring to build a career in international dispute resolution, what guidance would you offer? Are there any practical tips, skills, or experiences you believe are especially valuable as they prepare to enter this field?

    International dispute resolution is a pretty wide term. I’ll answer it this way, to build a career in law (whether in India or globally) requires consistent learning, hard work, resilience, critical thinking and most importantly patience. Unlike other career paths like AI, bankers (which are fast paced and also highly technical), law requires a lot of patience and experience. 

    As for practical tips, I’d say apart from the basics (i.e. building a strong foundational knowledge in your chosen niche, working on the succinct legal drafting/writing skills (again something not given enough attention to during law school) …

    Find a sponsor within your firm and a mentor outside. It is very important to build trust based networks and have someone back you within the organisation who genuinely is invested in your growth and development and a guide outside the firm, you can confide in and get the required support and learning. 

    Is there a motto or guiding principle you’ve followed throughout your legal career? In addition, how do you see the future of alternative dispute resolution evolving, especially with technological and global shifts in the legal profession? How do you personally stay updated on the latest developments in dispute resolution?

    Failure is not fatal, success is not final, it is the courage that counts~!

    This profession especially requires a lot of patience and resilience. In my opinion, there is no scope for instant gratification in law. You need to be thorough and keep learning and updating your knowledge base. 

    As for the impact of technology, we are definitely going to see some transformations. A lot of the tasks will be automated (are already being automated) which is potentially a good change because this may free up a lot of time spent by lawyers on admin/mechanical tasks and compliment the legal industry. As far as I’m concerned, I did attempt to get AI assistance at times, for presentations etc. I personally feel the problem of hallucinations needs to be solved, especially for legal tech AI – we cannot be citing wrong judgments made up by AI. Hopefully this will change soon. 

    Lastly, I would part by saying the cliché, you have to be curious and keep upskilling yourself (whether it is knowledge or technology). The world is moving and transforming very fast and one needs to keep pace. Having said that, this doesn’t mean you lose out on life, loved ones or your hobbies/interests. Almost every organisation (in law or elsewhere) values these additional extra curricular skills. For me it’s the water, and related outdoor activities like sailing, kayaking, windsurfing. A weekend in the sea and I feel refreshed to take on the work week!

    Get in touch with Urvashi Salecha –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Dhruv Grover-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Pranav Gadi-

  • “I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal”- Philip Teoh, International Lawyer and Arbitrator

    “I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal”- Philip Teoh, International Lawyer and Arbitrator

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

    Can you share your journey and what inspired you to pursue a career in law, specifically specializing in Maritime & Admiralty, International Law, and other related fields?

    When I started my law studies, I was interested in exploring the role of law as a foundation of business dealings, especially international business. 

    I was intrigued to discover the area of shipping was the connecting factor in these areas. Unlike some perceptions, the area of shipping was not small in scope. It encompassed international trade as traders used ships to transport their goods, international finance as banks financed these transactions, and insurers insure these shipments. I later found out there was Wet and Dry Shipping, Corporate or Transactional Shipping and Maritime Arbitration as well.

    That was the launch pad for my interest in shipping. With that interest, I took shipping and shipping-related subjects in law school. I was fortunate to be able to study at the National University of Singapore where I was taught and inspired by great teachers.

    Professor EP Ellinger was a powerhouse in Banking and International Finance, Professor FMB Reynolds who hailed from Oxford taught Agency and Shipping subjects and the most brilliant teacher was the late Professor Tan Yock Lin who taught Conflicts of law, he was a brilliant legal mind who made difficult concepts in Conflicts easily understandable. I did well in school and constantly called upon what I studied in my cases. I do encourage law students to concentrate well on their studies because these are invaluable foundations for practice.

    With over 33 years of experience, you have vast expertise in both contentious and non-contentious areas of law. How did you navigate and develop such a diverse skill set throughout your legal career?

    I saw law as a technical field, that cases and principles are building blocks to craft agreements, transactions and eventually. In litigation, I soon discovered that strategy and effective advocacy win cases, the more cases we handle we develop muscle memories which we can call upon in advocacy.

    Soon I was able to see that each witness can present a treasure trove of evidence to cross-examine. I also learnt to adapt; as much as we can prepare for a case, the circumstances of a trial or a judge’s questions and directions may force us to abandon our prepared script to adopt a better and different strategy.

    I started in litigation. After a few years into practice, I wanted to have both a transactional as well as a disputes practice and I am happy to say I handle both contentious and non-contentious areas.

    Some of the notable transactional work in which I was involved was various ship sale and purchase as well as ship financing cases. When MISC the Malaysian Carrier wanted to go into the energy business, it bought Newbuildings from Japanese Yards, these were the Puteri Vessels that kickstarted the business and MISC is not a major LNG carrier. I was the Syndicated Lenders’ local lawyer.

    I was also involved in several due diligence of Shipping Companies, Joint Ventures and reorganization of the Shipping Companies Malaysian assets and companies. When the Genting Group sold its luxury yacht Tranquility to a US buyer I acted for the buyer.

    Being recognized by Chambers and Legal 500, among others, for your expertise in Maritime Law, what do you believe sets you apart in this field, and how do you approach resolving matters to the satisfaction of your clients?

    In legal practice, it is not an effort if we enjoy our work and I do. Every case presents a challenge and a new learning opportunity. I do not believe that I possess any qualities different from other lawyers, apart from that I enjoy what I do.

    Some talk of finding one’s purpose in what we do, I don’t agree. I think purpose can change. I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal. We need these to sustain us because law is a very involved and demanding profession.

    In addition to your legal practice, you’re also a Practising Arbitrator empanelled with various international panels. How does your role as an arbitrator complement your work as a lawyer, and what unique perspectives do you bring to dispute resolution?

    Arbitration and litigation are contentious legal practices. The skills of a litigator are important skills for arbitration too, whether one sits as an Arbitrator or as Counsel in Arbitration.

    You’ve been involved in notable cases, including arguing the inaugural reported decision of the Malaysian Admiralty Court. Could you share insights into the challenges and rewards of handling such significant cases in the maritime industry?

    Difficult cases challenge me. That forces me to figure out how to best strategize the handling of the case, the conduct of the litigation. There will always be an approach we can adopt which can make complex cases managable or make them simple. We need to develop muscle memory for this. Along the way the bonus is when the cases we argue establish law, a principle not established before. I have had a few of these.

    Your extensive contribution to legal literature, including authoring key practitioner texts, speaks to your commitment to legal scholarship. How has academic writing and research influenced your understanding of the law and your approach to legal practice?

    Some 2 decades ago I found a dearth of Shipping Texts in Malaysia. I convinced LexisNexis (then Malayan Law Journal) to introduce these in Malaysia and eventually, I wrote the original editions of Halsbury’s Malaysian titles in Shipping and related subjects. I was particularly happy to write the Volume on Conflict of Laws; Conflict of Laws issues often crop up in Shipping and International Arbitration.

    I also authored the Annotated Merchant Shipping Laws, Forms and Precedents on Shipping which contain transactional agreements. I was later invited by Sweet and Maxwell to write the Chapter on Carriage of Goods by Sea which contains precedent pleadings used in litigation and arbitration.

    The writing ensures that I have a good grasp of the law, and this is invaluable when I handle cases. Funnily I have faced opponents in Court citing my writing unknowingly.

    Having practiced in both Singapore and Malaysia, what are the unique challenges and opportunities you’ve encountered in each jurisdiction, especially in the context of maritime law?

    I started my practice in Singapore before returning to Malaysia. I was very happy when Malaysia established the Admiralty Court in 2010 and I was able to argue the inaugural reported case of the Court in the case of The Istana VI. Since then, I regularly handle cases in the Court amongst others prosecuting ship arrests or challenging them. 

    The laws applied by the Singapore Courts are not much different and I believe that both the Singapore and Malaysian Shipping Bar have good lawyers. The Singapore ecosystem however is more varied with a healthy variety of international firms including many specializing in maritime law.

    As an Adjunct Lecturer in BAC Malaysia’s law school, what advice do you give to law students looking to specialize in maritime law or pursue a career similar to yours?

    Be interested in what is taught. Not many universities have maritime law as a subject at the LLB level. Curiosity, Initiative and Hard Work are most important.

    It is good to have a specialization in mind, but maritime law can be acquired after graduation. It is important that the young lawyer enters a firm that handles the area. The on-the-job training is much more important.

    I have trained many young lawyers in this field, and they picked up the areas well. Tan Sri Nallini Malaysia’s first Admiralty Judge never did Shipping cases when she was a practitioner and Her Ladyship had done much to establish jurisprudence in the area. She is easily amongst Malaysia’s top judges.

    In your experience, how important is it for legal professionals to stay updated on evolving legal landscapes, especially in areas like maritime law, and what strategies do you employ to stay abreast of industry developments?

    Keeping up to date is crucial. I find that LinkedIn is a great tool to do that because the lawyers do post and share useful content. I do post from time to time too. Reading outside of the law widely is also important. 

    Lastly, considering your wealth of experience, what advice would you like to share with recent law graduates who are entering the field today, particularly those interested in maritime and admiralty law?

    Be curious about learning. Read widely. Seize opportunities when they appear, do not neglect the training experience, it is an invaluable time, not to be squandered. Get onto complex cases early even if the role is a minor one. Your friends and family will be your invaluable support through challenging times.

    Get in touch with Philip Teoh-

  • Never think you are an accomplished professional; you should always be a learner- Iqbal Tauseef, Director Legal Affairs – Country Head – India, TTEC

    Never think you are an accomplished professional; you should always be a learner- Iqbal Tauseef, Director Legal Affairs – Country Head – India, TTEC

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

    You’ve had an impressive and diverse legal career spanning various industries and roles. Can you share your personal journey and what initially inspired you to pursue a career in law?

    My Inspiration to pursue the law is to understand the world from an equity and justice perspective. My way of seeing things has developed a lot with critical and logical thinking. Another reason was to be part of the corporate world and sit along with the executives on the table, as their advisor for ease of business from a legal perspective, while meeting their business goals. 

    With experience in IT, software, FinTech, pharma, healthcare, energy, environmental, and manufacturing industries, how do you adapt your legal expertise to meet the unique needs of each sector?

    My vast experience on basics of Contracts Drafting and Negotiations, Compliance and Dispute resolutions skills has made it efficient for me to cross through various industries. One, can be part of multi-industries, if you have strong legal skills and business acumen, as every business requires someone who can avoid the disputes and resolve them if they arise. Strong hold on knowing what compliances are applicable to respective industries, is also another tool for getting on different boats.

    You’ve worked extensively in contract management, negotiations, and arbitration. Could you tell us about a particularly challenging contract negotiation or arbitration case you’ve handled and the key lessons you learned from it?

    I have seen multiple challenging negotiations, wherein I bridged between sales targets and risk mitigation, which is not an easy task. One of the important projects in my journey was an agreement negotiation for setting up a Waste to Energy Plant in India. This is to be the third largest Waste to Energy plant in India. This project was awarded by one of the State Governments to the Company and was given on the BOOT model. The main challenge was to figure out the technology procurement which meets the budget and quality specifications. At the initial level the procurement team reached out to a Japanese Company for providing the Incinerator and that was to be done in consortium with one of the Indian Company for civil works. As part of the legal, I advised upon the challenges we may face for any change in scope and compliance by the consortium (consortium being led by a foreign entity). The executive committee including the CEO and CFO took the cognizance of the risk and decided to reconsider the options for procurement. Instantly, I advised an Indian Company who can be prompt to accept the changes based on the requirements and necessity. The Company worked in that direction and got one of the leading players in India on board for supplies. I as a head for Contracts initiated the drafting, negotiating and finalizing the procurement agreements. We successfully had achieved the timelines with efficacy.

    This deal plays an important role in my career as it involves identifying the unforeseen challenges related to technology issues, warranty, onsite safety, labour availability (During Lockdown period) and completions within the timelines. All the legal matters related to drafting of documents, advising on Logistics & Labour, Financial documents including bank guarantees, corporate guarantees are dealt by my team headed by me. I am proud of this work as we successfully deployed the Indian Company to compete with a foreign company on technology and timelines.

    Your experience at Re Sustainability includes some significant achievements, such as incorporating SPVs and advising on public-private partnerships. Can you share more about these experiences and what they meant for the organizations involved?

    Re-Sustainability is India’s leading waste management company. It is also competing with foreign companies and handles certain major projects outside India as well. Re-Sustainability majorly bids on government projects and has its presence in more than 50 cities and towns in India. This makes the company a reliable partner for various governments and helps the company to build public-private partnerships on certain projects. Few of the significant projects are ‘waste to energy plants’ built in Telangana and Delhi, Municipal Waste project in Chennai etc. 

    In your role at TTEC, you’ve managed a wide range of responsibilities, including M&A, global contracts, legal counsel, and more. Can you discuss how you balance these diverse responsibilities and the key to success in such a multifaceted role?

    “Never a learning, will go in vain”, all my experience and learning throughout various industries helped me to bag this significant role at TTEC. I am associated with TTEC as Legal Head for India. I bag legal, compliance and COE domains. Keen eye on corporate compliances, upgradation with Contracts negotiations skills and productive team leader qualities, helps me to balance all the three roles. We give 100% dedication to what we do and that brings the reliability of various stakeholders, on legal. I have a Contracts Centre of Excellence team working with me, which helps global stakeholders to draft and negotiate their revenue and corporate contracts for various regions such as North Americas, Australia, EMEA etc. 

    My Key to success is never say “I can’t”, you learn and you do it with dedication and honesty.

    You’ve contributed as an author and have written articles in the legal field. Can you tell us about your experiences in legal writing, and what impact do you think it has on the legal profession?

    Yes, I do write on legal subjects. I wrote an article “FORCE MAJEURE IN DIFFERENT LAWS AND COVID-19” and also contributed to “Handbook on Arbitration: A Practical Guide for Professionals” – published by Institute of Company Secretaries of India. Serving the legal fraternity is significant for legal professions, who gain a good repute and exposure. The way you can serve is to write and share your thoughts. Legal writing is very important to let young and aspiring lawyers know how industry works, how to interpret the law and share the legal skills. This will motivate and guide them to explore legal avenues and gain the subject matter. 

    Your career is filled with awards and recognitions, such as being recognized as one of the Top In House Counsels by Forbes. What, in your opinion, sets you apart in the field of law, and what advice do you have for legal professionals aspiring to achieve similar recognition?

    I believe, hard work, dedication and honesty in the below aspects, have brought me these recognitions and awards.  What sets a legal professional apart can vary, but here are few aspects that can contribute to recognition and success in the field:

    1. Expertise in a Niche Area.
    2. Strong Advocacy and Communication Skills.
    3. Ethical and Professional Conduct
    4. Community Involvement
    5. Mentorship and Networking
    6. Continuous Learning and Adaptation

    As an accomplished legal professional, what advice would you like to give to fresh graduates or those starting their careers in law?

    Never think you are an accomplished professional; you should always be a learner. Here are some tips that can help new lawyers as they embark on their legal careers:

    1. Continuous Learning: The legal field is dynamic, and laws are subject to change. Make a commitment to lifelong learning by staying up-to-date with legal developments and continuously improving your legal knowledge.
    1. Effective Communication: Strong communication skills are essential in law. Develop your ability to articulate complex legal concepts clearly and concisely to clients, colleagues, and judges.
    1. Legal Research Skills: Become proficient in legal research methods and tools. This skill is fundamental to building solid legal arguments and understanding the legal landscape.
    1. Networking: Build a professional network early in your career. Attend legal events, join bar associations, and connect with experienced lawyers who can provide guidance and mentorship.
    1. Legal Specialization: Consider specializing in a particular area of law that interests you. Specialization can make you more attractive to clients and employers.
    1. Work Ethic: Hard work and dedication are often keys to success in law. Be prepared to put in the time and effort required to excel in your work.
    1. Ethical Conduct: Maintain the highest ethical standards. Trust and integrity are paramount in the legal profession.
    1. Professional Development: Seek out opportunities for professional development, such as CLE (Continuing Legal Education) courses and workshops.
    1. Practice Management: If you’re in private practice, learn about law firm management and business development. It’s not just about practicing law but also about managing a legal practice effectively.
    1. Mentorship: Find a mentor who can offer guidance, answer your questions, and provide insights into the legal profession. A mentor can be invaluable in helping you navigate your early career.
    1. Adaptability: Be prepared to adapt to changing circumstances and legal landscapes. Flexibility is a valuable trait in the legal field.
    1. Attention to Detail: Legal work often involves complex documents and contracts. Pay close attention to detail to avoid errors that can have serious consequences.
    1. Legal Writing Skills: Practice and improve your legal writing skills. Writing clear and persuasive legal documents is a critical part of legal practice.

    Remember that building a successful legal career takes time and dedication. Don’t be discouraged by initial challenges or setbacks, as they can be valuable learning experiences. Over time, your skills and reputation will grow, and you’ll have the opportunity to make a meaningful impact in the field of law.

    Get in touch with Iqbal Tauseef-

  • A good real estate practitioner needs to be familiar with multiple laws which impact real estate- Probal Bhaduri, Managing Partner at EVA Law

    A good real estate practitioner needs to be familiar with multiple laws which impact real estate- Probal Bhaduri, Managing Partner at EVA Law

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

    Sir, could you please share with us your journey and how you ended up pursuing a career in law, especially with such a diverse background that includes corporate, commercial, and employment law?

    Prior to joining Law School (National Law School of India University) I was lucky enough to have interacted with Prof. Dr. N. R. Madhava Menon.  It was these interactions that led me to sit for the entrance exam.

    At the time I graduated, law firms did not put lawyers into specific practice areas as is the case today.  I, therefore, got exposed to various areas of laws during my initial years.  At that point of time, the liberalisation of the Indian economy was slowly gathering steam and owing to the same, I ended up doing a lot of corporate and commercial work and found that I enjoyed it.  

    You have extensive experience in mergers, acquisitions, private equity investments, and joint ventures. Could you tell us about a particularly challenging or memorable deal you’ve worked on and what made it stand out?

    Every transaction is memorable since by its very nature a transaction consists of balancing competing interests and arriving at a result which is a win-win.  Personally speaking, the learnings from each transaction have been different since nearly all of them required me to ‘re-learn’. 

    In addition to your work in M&A and private equity, you’ve also advised on real estate transactions. What are some key considerations for clients when navigating the complexities of real estate deals, especially in India?

    Real estate practice in India is fairly varied in terms of local practices and on-ground situations.  A good real estate practitioner needs to be familiar with multiple laws which impact real estate such as stamp duty laws, succession laws under various communities, environmental laws, land acquisition, etc.

    For a good real estate practitioner, balancing commercial needs with on-ground realities and legal protection is key and this is something which requires time and experience.  A diligent real estate lawyer is one who is aware of the legal precedents on a continuous basis.

    You’ve had the opportunity to work both in India and internationally, including with European clients on investment opportunities in India. What are some key differences you’ve noticed in the legal landscape and business practices between these regions?

    One of the key differences I noticed while working abroad was the focus and attention given by law firms to the mental well-being of their lawyers.  The other big difference was the way big law firms were structured to ensure focus on quality of deliverables, knowledge management, standardisation of work products, etc.  Indian law firms have taken time to walk down this path.

    Shareholder and commercial disputes can be intricate and sensitive matters. Can you discuss some strategies or approaches you’ve used to successfully resolve these types of conflicts for your clients?

    In India, given the stress our judicial system has, it becomes imperative to resolve disputes efficiently in a time bound manner.  This makes alternative modes of dispute resolution including negotiation and mediation particularly important.  Drafting commercial agreements which will stand the test of a legal challenge is a first step towards ensuring prevention of such disputes.  Furthermore, a key aspect in intricate shareholder and commercial disputes is the careful balancing of interests of both parties that a lawyer must strive for to ensure a speedy redressal of grievances of the parties involved.  In my experience, commercial disputes usually arise when the thought process of the people at the time of entering into the transaction has shifted which leads to one of the parties trying to ‘re-interpret’ the intention behind a particular provision of a transaction document.  By drafting documents using language which is not capable of multiple interpretations, some of these disputes can be resolved without having to go down a lengthy process of dispute resolution.  

    In my view, mediation seems to be the way forward, especially for shareholder and commercial disputes considering the many benefits it offers.  Lawyers and law firms would be well advised in educating themselves in this area and then advising their clients to use mediation as a process to resolve issues.  

    Your career has spanned various roles, including Managing Partner at Lumiere Law Partners and Director (Legal) at the Avenue Capital Group. How have these diverse experiences shaped your approach to legal practice and client service?

    During my formative years as a legal professional, I was very fortunate to have worked directly under lawyers who I would consider as doyens of the legal profession. Their kindness in taking the time out to mentor me is perhaps the biggest reason why I enjoy what I do even today.  While reading and constantly updating oneself is a prerequisite for a lawyer to do well in the profession, client servicing (learning how to deal with clients) is something which is equally important.  I built upon my client servicing skills gradually over the course of my career while working at law firms in India and abroad.  When I was working at Avenue Capital, I was essentially a client for law firms and that stint was invaluable in giving me the perspective from the other side – how a client ‘measures’ law firms/ lawyers and what he expects from his legal counsel(s).  

    You’ve been recognized by prestigious legal publications like the Legal 500 and Chambers and Partners. What do you attribute to your success in the legal field, and how do you stay current and relevant in such a dynamic industry?

    One of my professors in law school had once made a comment, “Lawyers are not brilliant by birth, they become brilliant only by working hard”.  The legal profession is one of those where knowledge trumps everything else.  When I started off my career, there was no internet, no google, which have now become an integral part of our lives.  Reading and researching, the two essential elements that form a key part of a lawyer’s arsenal, were to be approached differently as compared to today’s times.  This, however, is only half the story. Truly brilliant lawyers, in my experience, have a third element which is ‘analysis’.  In order to stay relevant in an ever-evolving legal landscape, especially in India, the first order of business is to read as much as possible and then analyse what one has read to see how to best use that learning.  Further, having a problem-solving attitude is critical in order to be able to serve your clients effectively and efficiently.

    You’re currently the Managing Partner of EVA Law. Can you tell us about your vision for the firm and the areas of law where you see the most growth and potential in the coming years?

    The word ‘EVA’ stands for life itself. My vision for EVA Law is not so much for the firm but for the lawyers who work with us.  My learning over nearly three decades is that for any vision to be successful, it has to first become a value system for the people in the organization.  

    My vision for EVA would be threefold:  

    (a) Building a culture of extraordinary mentorship.  Lawyers in EVA Law must instil a culture of thirst for knowledge and achieving excellence.  The culture must embrace openness and inclusiveness.  The mentorship must encourage everyone to aspire to become leaders and decision makers.  

    (b) Recognising teamwork is critical.  Every team member in EVA Law will be respected and appreciated for their contribution and learn from each other in that process.  Younger members of the team must feel committed to the process.

    (c) Dealing with mistakes and failures – The work culture must empower people to be secure enough to admit wrong decisions.  Failures and mistakes are not about putting blame on someone but learning individually and collectively.

    In terms of the areas of law that have a lot of potential, data privacy is right up there. I also feel that with the growing trend towards digitisation, cyber security laws will be in vogue.  Also as I mentioned above, mediation will be an important area.  

    As someone who has achieved remarkable success in the legal profession, what advice would you give to law school graduates and young professionals aspiring to excel in their legal careers?

    All the recognitions and accolades that I have received in my career are not by any stretch of imagination attributable to anything extraordinary done by me.  They are a reflection of all my team members who have worked extremely hard to ensure that our work got noticed. Success means different things to different people. For me, success is the fact that people who have worked with me have gone on to become remarkable lawyers; success is the fact that lawyers in my team who are less than half my age call me by name; success is the fact that my clients allow me to tell them what they ought to hear rather than what they want to hear. To all the law graduates out there aspiring to make a mark in the legal profession, all I would like to say is that be the lawyer who other lawyers call when they need good advice and (quite importantly) don’t take yourself too seriously.

    Get in touch with Probal Bhaduri-

  • The legal profession offers a vast array of opportunities, and your career journey can be as unique as you are- Bharat Sharma, Advocate at the Supreme Court of India and Managing Partner at Praxous De Legal Law Firm

    The legal profession offers a vast array of opportunities, and your career journey can be as unique as you are- Bharat Sharma, Advocate at the Supreme Court of India and Managing Partner at Praxous De Legal Law Firm

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

    You started your career teaching German and later ventured into the world of finance and law. Can you share the pivotal moments that led you to this diverse career path?

    • “My career path is a tapestry of diverse experiences, woven together by a passion for continuous learning and a relentless drive to excel.”
    • “From the classrooms of language instruction to the high-stakes world of finance and law, my journey has been marked by pivotal moments that have deepened my understanding of diverse fields.”
    • “I transitioned from shaping minds through language instruction to shaping financial futures, where I learned that every success story is a testament to the power of knowledge and dedication.”
    • “The financial and legal sectors exposed me to the complexities of the modern world, where I realized that my ability to help people extended beyond language and education.”
    • “My journey underscores the importance of adaptability and seizing opportunities that align with one’s core values and a commitment to making a meaningful impact.”
    • “Teaching German and guiding students was the foundation of my career, but my foray into finance and law was the bridge that allowed me to connect with people on a deeper level, addressing their financial and legal needs.”
    • “In the world of finance and law, I discovered that my background in education was not a departure but a valuable foundation for effective communication, problem-solving, and client advocacy.”
    • During this period, I honed my skills and managed investment portfolios for high-net-worth clients globally. The corporate banking and insurance industry taught me the value of customer-centricity, and I climbed the career ladder with eight consecutive promotions, earning numerous accolades and certifications. Being recognized among the top 10 managers in the entire Delhi region was a significant milestone.
    • “My diverse career path has taught me that success is not confined to a single field; it is a reflection of one’s ability to adapt, learn, and embrace new challenges with enthusiasm.”
    • However, a pivotal moment occurred when I encountered a distressed client who had fallen victim to insurance fraud. This incident awakened my desire to help individuals facing white-collar crimes and misconduct. It led me to transition into the field of law and join my father’s law firm, where I could provide legal aid and support to those in need.
    • In summary, my diverse career path is a culmination of my experiences in teaching, entrepreneurship, finance, and law. Each phase has contributed to my growth and shaped my commitment to making a positive impact on people’s lives. My journey has been guided by a passion for learning, a desire to help others, and a drive to excel in diverse fields, ultimately leading me to where I am today.”

    There was a significant turning point when you helped a client recover a substantial sum from fraudulent insurance policies. What was the most challenging aspect of this case, and how did it inspire your interest in legal aid for white-collar crimes?

    • “The turning point in my career occurred during a profoundly challenging case where I assisted a client in recovering a substantial sum from fraudulent insurance policies. This experience not only tested my problem-solving abilities but also ignited my passion for providing legal aid in the realm of white-collar crimes.
    • The most challenging aspect of this case was uncovering the extensive web of deception that had ensnared my client. He had fallen victim to individuals who had impersonated IRDA management Officials, engaging in misconduct and selling fraudulent insurance policies with false promises of bonuses and RBI Bonds worth a staggering amount.
    • What made this case particularly daunting was the sheer magnitude of the deception – my client carried a trolley bag filled with 167 insurance policy bonds from over 10 insurance companies, totalling a premium amount of 3.8 Crores. It was a complex and overwhelming situation.
    • As I delved deeper into the case, I realized the depth of despair that had befallen my client and many others who had been similarly deceived. He had even attempted suicide, which added an emotional layer to the already intricate legal aspects of the case.
    • The process of uncovering the fraud and assisting my client in recovering his investments was an arduous journey that required meticulous research, legal expertise, and unwavering dedication. I worked tirelessly for over six months, tirelessly navigating the intricacies of the insurance industry, and coordinating with various insurance companies to secure the refunds. Ultimately, 159 out of 167 policies were successfully refunded, amounting to 3.54 Crores. Witnessing my client’s relief and gratitude was an incredibly rewarding moment in my career.
    • This experience profoundly affected me and kindled a deep-seated desire to assist individuals facing white-collar crimes, where unsuspecting victims often suffer substantial losses. It made me acutely aware of the prevalence of such crimes in India and the need for legal professionals to step forward and provide support.
    • This case became a pivotal moment that guided me towards transitioning into the field of law, ultimately leading me to join my father’s law firm. It underscored the importance of legal advocacy and the critical role that lawyers can play in safeguarding the rights and interests of individuals in the face of financial misconduct and fraud. My commitment to this cause has only grown stronger since, and it continues to drive my dedication to providing legal aid and support to those in need, particularly in the realm of white-collar crimes.”

    Joining your father’s law firm was a significant step in your career. What did you find most rewarding about working in a family law firm, and how did it influence your perspective on legal practice?

    • “In addition to serving our existing clients at my father’s law firm, I set out on a mission to elevate our practice into one of Delhi’s Top 20 law firms. To achieve this, I took a proactive approach by tapping into my extensive network of old clients from my prior career in banking and insurance.
    • I recognized that these clients could benefit from comprehensive legal support, so I offered pro bono assistance tailored to their specific needs. Initially, many approached me with banking and insurance disputes, given my background in the industry. However, as word of our firm’s capabilities spread, our caseload expanded to encompass corporate, civil and criminal matters.
    • Each day brought new challenges and opportunities for growth. I embraced this learning curve wholeheartedly, continuously improving my legal skills. This dedication allowed me to provide efficient and effective legal solutions to my clients, ensuring their legal issues were addressed promptly and comprehensively.”
    • This showcases your proactive approach, commitment to growth, and adaptability in expanding your law firm’s practice areas.

    You mentioned pursuing international law certifications, including the IBMI program in Berlin. How has your international legal education shaped your approach to commercial and corporate law, especially in the Indian context?

    • “Pursuing international law certifications, such as the IBMI program in Berlin, has significantly influenced my approach to commercial and corporate law, particularly in the context of India. It provided me with a global perspective and a deeper understanding of the interconnectedness of legal systems, which has been extremely valuable in my legal practice.
    • Broader Perspective: International legal education exposed me to a wide range of legal frameworks, practices, and case studies from around the world. This broader perspective has allowed me to approach commercial and corporate law in India with a more open mind, integrating international best practices and innovative solutions into my strategies.
    • Cross-Border Transactions: Understanding international law is essential in today’s globalized business landscape. It has equipped me to handle cross-border transactions more effectively, facilitating smoother negotiations and compliance with international regulations. This is particularly important as Indian businesses increasingly engage in global trade and investments.
    • Legal Innovation: International legal education emphasized the importance of legal innovation and staying updated with evolving legal trends and technologies. This mindset has encouraged me to adopt innovative approaches and leverage technology in the Indian legal context, enhancing efficiency and client service.
    • Adaptability: International legal education has taught me the importance of adaptability in the face of rapidly changing global legal dynamics. In the Indian context, where laws and regulations can evolve swiftly, this adaptability is a crucial asset for both clients and legal practitioners.
    • Diversity and Inclusivity: It has also deepened my appreciation for diversity and inclusivity in legal practice. Recognizing the multicultural aspects of international law has made me more attuned to the diverse needs and perspectives of clients in India, helping me provide more comprehensive and tailored legal advice.
    • In summary, my international legal education has not only enriched my understanding of commercial and corporate law but also empowered me to offer more comprehensive and globally informed legal solutions to clients in the Indian context. It has broadened my horizons, encouraged innovation, and fostered adaptability, all of which have proven to be invaluable assets in my legal practice.”
    • Conflict Resolution: International legal education emphasized various methods of conflict resolution, including arbitration and mediation, which have become increasingly relevant in India’s corporate landscape. These alternative dispute resolution mechanisms have allowed me to guide clients towards quicker and cost-effective resolutions.
    • Global Compliance Standards: International certifications have made me well-versed in global compliance standards and regulations, which I can apply to ensure that Indian companies adhere to international norms, enhancing their reputation and global competitiveness.
    • Cross-Cultural Communication: Dealing with international legal matters has honed my cross-cultural communication skills. This proficiency is beneficial when representing Indian clients in negotiations or transactions involving foreign counterparts, where effective communication can be a key factor in achieving successful outcomes.
    • International Networking: My international legal education has expanded my professional network across borders. These connections have proven valuable for collaborating with legal experts from different jurisdictions, allowing me to provide comprehensive advice when clients have multi-jurisdictional legal needs.
    • Risk Assessment: Understanding international legal frameworks has equipped me with a nuanced approach to risk assessment. I can better identify potential risks and opportunities for Indian businesses operating globally, aiding them in making informed decisions.
    • Legal Research and Comparative Analysis: International legal education has enhanced my skills in legal research and comparative analysis. This proficiency enables me to stay updated with global legal developments and apply relevant international precedents and case studies to Indian legal scenarios.
    • Adherence to Ethical Standards: International legal education underscores the importance of ethical standards and professional conduct, which I have integrated into my practice in India. Upholding these principles ensures that clients receive not only legally sound advice but also ethical guidance.

    As the Managing Partner at PRAXOUS DE LEGAL LAW FIRM, you oversee a wide range of legal services. Can you highlight some of the most challenging and rewarding cases or projects you’ve worked on in recent years?

    In recent years, my role as a Legal Counsel and Retainer for prominent Indian and international corporations has provided me with the unique opportunity to represent clients in a variety of legal settings. I’ve had the privilege of appearing in District Courts across seven to eight different states in India and have also presented cases in the High Courts of eight Indian states, including Delhi, Bombay, Allahabad, Karnataka, Rajasthan, Madhya Pradesh, Punjab & Haryana, and Uttarakhand. These experiences have allowed me to serve my corporate clients effectively and meet the legal needs of international clients with branches in India.

    “As the Managing Partner at PRAXOUS DE LEGAL LAW FIRM, I have had the privilege of overseeing a diverse portfolio of legal services. In recent years, several cases and projects have stood out as both challenging and profoundly rewarding. I won’t be able to disclose the names of the cases but allow me to highlight a few of these significant experiences:

    Complex Cross-Border Merger: One of the most challenging and rewarding cases involved facilitating a complex cross-border merger between an Indian company and a multinational corporation. Navigating the intricate web of international regulations, compliance, and negotiations required a meticulous approach. Successfully closing this merger not only demonstrated our firm’s proficiency in international corporate law but also contributed to fostering foreign investments in India.

    High-Stakes Litigation: We recently took on a high-stakes litigation case representing a client facing a multi-million-dollar dispute. The intricate legal complexities and the pressure of the substantial financial stakes made this a challenging undertaking. However, achieving a favourable resolution for our client was immensely rewarding, reinforcing the significance of thorough legal research, strategic planning, and advocacy.

    Intellectual Property Rights Protection: Protecting the intellectual property rights of an innovative Indian startup in the technology sector posed a unique set of challenges. We successfully navigated patent and trademark issues, both in India and internationally, securing our client’s innovative ideas and products. This case highlighted the crucial role that intellectual property plays in modern businesses and the importance of safeguarding these assets.

    Pro Bono Advocacy: Beyond corporate cases, our firm is committed to pro bono work, and one of the most rewarding experiences involved providing legal support to an underprivileged community facing land disputes. Our efforts resulted in securing land rights for numerous families, providing them with a sense of security and a place to call home. This case exemplified the profound impact that legal advocacy can have on marginalized communities.

    Cybersecurity and Data Privacy Compliance: With the growing emphasis on data privacy, we embarked on a challenging project involving cybersecurity and data privacy compliance for a multinational corporation operating in India. Crafting a comprehensive compliance framework that adhered to global standards while meeting local legal requirements was a noteworthy accomplishment. It reinforced our commitment to staying ahead of evolving legal landscapes.

    Criminal Litigation – Delhi Riots 2020 Case: We undertook a complex criminal litigation case related to the Delhi Riots in 2020, representing individuals Hindu Community Individuals. The case required a deep understanding of criminal law and a meticulous examination of evidence. Successfully representing our clients and ensuring a fair legal process in such a high-profile case was both challenging and deeply significant. “The trial is currently ongoing.”

    In conclusion, overseeing a wide range of legal services at PRAXOUS DE LEGAL LAW FIRM has allowed me to engage in diverse and complex cases and projects. While each case presented its own unique challenges, the satisfaction of achieving successful outcomes for our clients reaffirms our dedication to delivering exceptional legal services and making a positive impact in the legal landscape.”

    You have a strong background in various industries, including insurance, insurtech, blockchain, and more. What industry trends or developments are you currently excited about, and how do they intersect with your legal practice? Please answer by primarily focusing on Insurtech and Insurance and technology driven companies like gaming , blockchain, ai integrated companies for data privacy and copyright legal assistance.

    “I am genuinely excited about several industry trends and developments, especially in the realms of Banking, Insurtech, insurance, and technology-driven sectors like gaming, blockchain, and AI-integrated companies. These trends intersect closely with my legal practice and present both challenges and opportunities:

    1. Insurtech Revolution: The Insurtech landscape is undergoing a remarkable transformation. Technology-driven innovations, such as AI-powered underwriting, IoT-based risk assessment, and blockchain for smart contracts, are reshaping the insurance industry. As a legal practitioner, I find this trend particularly intriguing because it necessitates a thorough understanding of emerging regulations and compliance in the insurance and technology sectors. My role involves helping clients navigate this evolving regulatory landscape, ensuring they harness the full potential of Insurtech while remaining compliant.

    2. Gaming and Intellectual Property: The gaming industry continues to experience exponential growth, driven by advancements in virtual reality, augmented reality, and esports. Protecting intellectual property and copyright has become paramount in this sector. I find it fascinating to assist gaming companies in safeguarding their creative content, trademarks, and patents. This entails staying abreast of international copyright laws and advocating for our clients’ rights in a rapidly evolving digital landscape.

    3. Blockchain and Data Privacy: Blockchain technology holds immense promise, not only in finance but also in areas like supply chain management, healthcare, and digital identity. My legal practice aligns with blockchain’s intersection with data privacy. Ensuring compliance with data protection regulations while leveraging the transparency and security of blockchain is a complex yet exciting challenge. I work closely with clients to establish robust data privacy protocols in their blockchain implementations.

    4. AI and Data Protection: Companies integrating AI into their operations generate vast amounts of data, raising critical data privacy concerns. The evolving landscape of AI and data privacy laws requires continuous vigilance. My legal practice focuses on helping businesses strike a balance between harnessing AI’s potential and safeguarding the privacy of individuals, ensuring compliance with regulations such as GDPR and CCPA.

    5. Evolving Regulatory Landscape: The constantly changing regulatory environment is a significant trend across these industries. Staying updated with new laws and regulations, both in India and internationally, is crucial. As a legal practitioner, I ensure my clients remain compliant while taking advantage of these trends.

    6. Cybersecurity Challenges: With the increasing digitization of businesses, cybersecurity has become paramount. Technology-driven companies face continuous threats, and ensuring data protection and cybersecurity measures are up to par is an ongoing concern. My role involves advising clients on robust cybersecurity strategies and legal compliance to safeguard sensitive information.

    7. Global Expansion: Many technology-driven companies aspire to expand globally. Navigating international laws and regulations, trade agreements, and intellectual property rights becomes essential. My legal practice supports these ambitions, providing guidance on international business operations and regulatory compliance.

    8. Digital Transformation: As companies embrace digital transformation, they often require assistance in drafting and negotiating contracts, ensuring compliance with digital laws, and protecting their digital assets. I specialize in helping clients navigate the legal intricacies of digital transformation.

    9. Environmental, Social, and Governance (ESG) Focus: In recent years, there has been a growing emphasis on ESG factors in corporate governance. Technology-driven companies are no exception. I assist clients in aligning their practices with ESG principles, which can enhance their reputation, reduce risk, and attract socially responsible investors.

    10. Dispute Resolution in the Digital Age: With technology playing a significant role in business operations, disputes and litigation often involve complex digital evidence. I specialize in helping clients resolve disputes efficiently and effectively in this digital age, including e-discovery and digital forensics.

    In summary, these industry trends and developments intersect with my legal practice in various ways, from regulatory compliance and data privacy to intellectual property protection and global expansion strategies. My role is to provide legal counsel that empowers businesses to navigate these trends successfully while adhering to the highest ethical and legal standards but also to act as a strategic partner, helping clients navigate the evolving regulatory environment, mitigate risks, and seize opportunities. I’m excited to be at the forefront of these transformative trends, offering legal solutions that empower businesses to innovate responsibly and ethically in an increasingly technology-driven world.”

    With your diverse career journey, what advice would you give to fresh law graduates who are just starting out in their respective fields, especially those who might be considering multiple career paths like you did?

    “To the aspiring law graduates just setting foot in the legal profession, especially those who are contemplating diverse career paths, I offer the following guidance based on my own diverse experiences:

    Master the Fundamentals: Start by building a strong foundation in core legal principles and practices. Solid legal knowledge is your bedrock and will serve you well regardless of your chosen path.

    Pursue Passion and Purpose: Law is a versatile field, and there are numerous specializations and niches to explore. Choose a legal path that aligns with your passions and values. When you’re genuinely interested in your work, it becomes a source of motivation and satisfaction.

    Stay Adaptable: The legal landscape is dynamic. Be open to exploring different areas of law, as well as adjacent fields that intersect with law, such as compliance, consulting, or alternative dispute resolution. Adaptability is key to a successful legal career.

    Network Actively: Building a professional network is essential. Attend legal seminars, join bar associations, and connect with experienced legal practitioners. Networking can open doors to valuable opportunities and mentorship.

    Mentorship Matters: Seek out mentors who have navigated various legal career paths. They can provide insights, guidance, and help you make informed decisions about your career journey.

    Continual Learning: The legal profession demands ongoing learning. Stay updated with legal developments, attend workshops, and consider pursuing specialized certifications or advanced degrees to enhance your expertise.

    Embrace Technology: Technology is rapidly changing the legal landscape. Familiarize yourself with legal tech tools and platforms that can streamline your work and improve efficiency.

    Ethical Integrity: Uphold the highest ethical standards in all your legal endeavours. Trust and integrity are the cornerstones of a successful legal career.

    Persistence Pays Off: Building a rewarding legal career may take time. Be patient, and don’t be discouraged by initial setbacks. Each experience, whether positive or challenging, contributes to your growth.

    Diversify Experience: Don’t limit yourself to one type of legal practice. Explore different aspects of law, such as litigation, corporate law, or public interest law. Diverse experiences will make you a more versatile and well-rounded legal professional.

    Consider the Bigger Picture: Beyond legal expertise, develop skills in communication, negotiation, and problem-solving. These skills are invaluable in any legal role.

    Stay Inquisitive: Be curious and inquisitive. Ask questions, seek out novel solutions, and be open to unconventional approaches to legal challenges.

    In summary, the legal profession offers a vast array of opportunities, and your career journey can be as unique as you are. Embrace the journey, remain adaptable, and never stop learning. By combining passion, purpose, and a commitment to excellence, you can build a fulfilling legal career that aligns with your aspirations and values.”

    So,

    “Follow Excellence” “And Success will follow you”

    Get in touch with Bharat Sharma-

  • You have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving-Shivee Pandey Sinha, Managing Partner at Sinha & Partners

    You have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving-Shivee Pandey Sinha, Managing Partner at Sinha & Partners

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

    Can you share the story of how you decided to pursue a career in law, and  what inspired you to become a lawyer? 

    Well, my journey into the field of law was greatly influenced by my family’s  legacy of distinguished lawyers, particularly my maternal grandfather, Mr. Gyan  Chandra Dwivedi. He was a Senior Advocate at the High Court of Judicature at  Allahabad and a true luminary in the legal world. His reputation for his commitment to  justice and his impact on people’s lives left an enduring impression on me. 

    As a child, I often found myself intrigued by the stories and discussions about  legal cases that echoed through our family gatherings. These conversations weren’t just  about courtroom dramas; they were about real people’s lives being shaped and justice  being served. The more I heard, the more I felt drawn to the idea of becoming a lawyer. 

    After finishing school, I decided to follow this innate calling and embarked on  my journey towards a career in law. I got myself enrolled in a B.B.A. LLB (Hons) program at Amity University, Uttar Pradesh. This was the first step in the realization of  my passion for the legal profession. 

    However, the pivotal moment in my journey came during my second year of  law school when I had the opportunity to intern with the Human Rights Law Network  (H.R.L.N.) in Allahabad. It was during this internship that I got a taste of what it truly  means to be a lawyer. 

    One particular case during this internship became a turning point in my life. I  was entrusted with the responsibility of drafting and arguing a Public Interest Litigation  (PIL) seeking a ban on the sale of acid in Uttar Pradesh. This was not just a case but a  chance to bring about tangible and positive change in society. 

    The day came when I had to stand before the court and present our case. To my  surprise and honour, the case was heard by the now Chief Justice of India, Justice D.Y.  Chandrachud, who was then presiding in Allahabad High Court along with Justice  Harcauli. My heart raced as I presented our case, knowing that it had the potential to  make a difference in the lives of countless people. 

    The order came in our favour, whereby the CMO of Allahabad was directed to  ensure that medical aid (bed in the severely burned ward) be provided to the acid attack  victim immediately. Further, Justice Chandrachud’s kind words of appreciation for our  efforts were incredibly encouraging. This experience was profoundly enriching and  reinforced my passion for law. It showcased the immense potential law holds to bring  about positive change in society and ensure justice is served. 

    From that moment on, my commitment to the legal profession deepened, and I  knew that I was on the right path. It was a journey driven by my family’s legacy and  fuelled by the desire to make a meaningful contribution to the world through the pursuit  of justice.

    Today, as a lawyer and Managing Partner at Sinha & Partners, Advocates and  Solicitors, I continue to be inspired by the values instilled in me by my family and the  belief that law has the power to transform lives and society for the better. This is the  story of how I found my calling in the world of law, and it’s a journey I cherish every  day. 

    Can you walk us through some key milestones and experiences that shaped  your legal career? 

    Certainly, let me take you on a journey through some key milestones and  experiences that have profoundly shaped my legal career. 

    One of the pivotal moments in my career came when I had the opportunity to  argue a case of medical negligence. It was a case that not only tested my legal acumen  but also my dedication to seeking justice for my client. The District Forum passed a  judgment in our favor, holding the doctors and hospital guilty of medical negligence  and unfair trade practice. It was a significant victory, but the journey was far from over. 

    The case was subsequently challenged before the State Commission, where we  faced a setback. The appeal was allowed, based on an erroneous finding by the State  Commission. It was a moment of adversity, but it only fuelled my determination. I  decided to challenge the State Commission’s order and sought revision before the  National Consumer Dispute Redressal Commission. 

    This was a critical juncture in my career, and it required unwavering  perseverance. After a rigorous legal battle, the National Consumer Dispute Redressal  Commission ultimately passed judgment in favor of my client. It was a sweet victory  that reaffirmed my belief in the legal system’s ability to right wrongs. 

    Another significant milestone in my journey was when I successfully had an  award passed by a Sole Arbitrator set aside under Section 34 of the Arbitration and  Conciliation Act, 1996. The circumstances surrounding this case were unique and  challenging. The award had erroneously granted rent to the landlord for a commercial  property during the lockdown imposed due to the COVID-19 pandemic. 

    The legal battle that followed was intense, but it led to a groundbreaking  decision by the Hon’ble High Court. The court ruled that COVID-19 constituted a force  majeure event, and invoking the force majeure clause during such times was both valid  and legal. It was a significant precedent that not only benefited my client but also had  broader implications for legal interpretations during unprecedented events. 

    In another instance, I managed to halt the initiation of the Corporate Insolvency  Resolution Process (CIRP) after the first meeting of the Committee of Creditors (CoC).  This achievement was the result of a strategic settlement between the Corporate Debtor  and the Creditor. It was a testament to the power of negotiation and finding common  ground in the often-complex world of insolvency proceedings.

    These milestones and experiences have played a crucial role in shaping my legal  career. They have instilled in me a deep sense of commitment to delivering excellence  in the legal profession. They have also equipped me with the skills and determination  needed to navigate the intricate and challenging legal landscapes that continue to unfold  before me. 

    As the Managing Partner at Sinha & Partners, you’ve navigated complex legal  landscapes. Could you share an example of a particularly challenging case or  situation you’ve encountered and how you successfully handled it? 

    There are several challenging situations which I encountered during my tenure as  the Managing Partner at Sinha & Partners. It is a complex legal landscape, and the  stakes are extremely high. 

    Let me share one of such many cases. The case involved a multinational corporation  embroiled in a protracted contractual dispute with a key business partner. The dispute  was multi-faceted, spanning several jurisdictions and involving significant financial  interests. Our client was facing the risk of substantial financial losses and damage to its  reputation if the dispute wasn’t resolved favorably. 

    Navigating this complex situation required a multi-pronged approach. Here’s how we  tackled it: 

    Thorough Analysis: The first step was an in-depth analysis of the contractual  agreements, relevant laws, and the nuances of the dispute. This involved a meticulous  review of documents and a deep understanding of the client’s business operations. 

    Strategy Development: Based on our analysis, we crafted a comprehensive legal  strategy. This included identifying potential weaknesses in the opposing party’s  arguments and formulating strong counterarguments. 

    Multi-Jurisdictional Coordination: Given the international aspects of the dispute, we  coordinated with legal experts and partners in various jurisdictions to ensure a cohesive  approach. Clear communication and strategic alignment were paramount. 

    Negotiation and Mediation: Recognizing the potential benefits of an amicable  resolution, we engaged in extensive negotiation and mediation efforts. This required  maintaining a delicate balance between asserting our client’s rights and exploring  settlement options. 

    Litigation Preparedness: Simultaneously, we prepared for potential litigation. This  involved gathering evidence, identifying key witnesses, and ensuring our legal team  was ready for courtroom proceedings. 

    Client Communication: Throughout the process, we maintained open and transparent  communication with our client. We provided regular updates on the progress of the case  and discussed potential scenarios and their implications.

    After months of intense negotiations and legal manoeuvring, we achieved a  favorable settlement for our client. The agreement not only safeguarded their financial  interests but also included provisions to protect their reputation and ongoing business  relationships. 

    This case taught me several valuable lessons. It emphasized the importance of  meticulous preparation, strategic thinking, and effective communication. It also  underscored the significance of flexibility and adaptability in the face of evolving  circumstances. 

    Ultimately, successfully handling this complex case was a team effort, and it  showcased the dedication and expertise of our legal team at Sinha & Partners. It  reinforced our commitment to delivering exceptional results for our clients, even in the  most challenging legal landscapes. 

    During your time as an External Member of the Internal Complaint  Committee under the Sexual Harassment of Women at Workplace Act, what have  been some of the most important lessons you’ve learned about workplace  compliance and gender equality? 

    Certainly, let me share my experiences during my time as an External Member of  the Internal Complaint Committee under the Sexual Harassment of Women at  Workplace Act. It’s been a journey filled with valuable lessons about workplace  compliance and gender equality. 

    Picture this – I found myself in a unique position, serving as an External  Member on the Committee. From the very beginning, it was evident that empathy plays  a pivotal role in addressing workplace harassment cases. Hearing the survivors’ stories  and understanding their experiences first hand made me realize the profound impact  empathy can have. It’s not just a professional duty; it’s about creating a safe and  supportive space where survivors can find solace and trust the process. 

    One of the standout lessons was the importance of proactive prevention. It’s not  enough to have policies in place; it’s about fostering a culture of respect and equality  within the workplace. When employees feel genuinely valued and respected, issues are  less likely to surface in the first place. Prevention truly is worth its weight in gold. 

    Then came the realization that fair procedures are the bedrock of any effective  complaint resolution process. The investigations must be thorough, impartial, and swift.  This ensures justice for all parties involved and maintains trust in the system. 

    Education emerged as a key component. Many employees, I discovered, weren’t  fully aware of their rights or what constituted harassment. Educating the workforce  about these critical matters proved to be pivotal. Knowledge empowers individuals to  recognize and report inappropriate behaviour, fostering a safer working environment. 

    Perhaps one of the most resounding lessons was the unequivocal stance against  retaliation. It was abundantly clear that employees should feel safe and secure when 

    coming forward with complaints. Fear of repercussions should have no place in such a  scenario. 

    And then there was the understanding that gender equality isn’t the sole  responsibility of one gender. It’s a collective effort that requires both men and women  to champion equality in the workplace. Everyone must play their part. 

    Lastly, the journey underscored that workplace compliance and gender equality  are not one-time achievements. They demand continuous improvement. Regularly  revisiting and enhancing policies and practices is the key to creating a better work  environment. 

    In summary, serving as an External Member of an Internal Complaint Committee  of an organisation is a profound experience that reinforced the significance of active  commitment, empathy, and an unceasing pursuit of improvement in creating a truly  inclusive and safe workplace for all. It’s a journey we should all embark upon together,  because, in the end, it’s about justice, respect, and equality for everyone. 

    Your expertise includes Commercial Litigation and Corporate Compliance.  Could you provide insights into the intersection of these two areas and how they  impact businesses in today’s legal environment? 

    Commercial litigation and corporate compliance—it’s like a dynamic dance, and  let me share some insights into how they tango in today’s legal landscape: 

    Risk Mitigation: Picture this as your shield in the legal battlefield. Strong  corporate compliance practices are your first line of defense. They’re all about  making sure your business plays by the rules and stays on the right side of the law.  Why? Because when you’re compliant, you’re mitigating the risk of legal disputes.  It’s like having an insurance policy against lawsuits. 

    Dispute Resolution: But hey, life’s not always a smooth sail. Disputes happen, and  when they do, your compliance practices and records can be your knight in shining  armor. They’re crucial in defending your actions and minimizing any potential legal  liabilities. It’s like having a well-prepared strategy for a chess match. 

    Contractual Compliance: Ever heard the phrase, “It’s all in the fine print”? Well,  in commercial litigation, it often is. Many cases revolve around contractual  disputes. So, if you’ve diligently adhered to your contractual obligations, you’re in  a much better position to steer clear of litigation storms. It’s like ensuring  everyone’s on the same page. 

    Regulatory Changes: The legal landscape is like a moving target—regulations  change, and they change fast. Staying updated on these changes and adapting your  compliance practices accordingly is like navigating a constantly shifting maze. It’s  a must to reduce the chances of legal headaches down the road. 

    Reputation Management: In today’s hyperconnected world, your reputation is  gold. Effective compliance and litigation management are like your guardians of 

    reputation. They not only keep you out of trouble but also safeguard your  company’s image. And in business, that’s priceless. 

    So, there you have it—commercial litigation and corporate compliance, two sides of  the same coin in today’s legal arena. Together, they help businesses thrive while  minimizing the legal hiccups that can trip you up along the way. It’s all about keeping  the dance smooth and in harmony. 

    You have experience representing clients before different courts and forums  in Delhi NCR. Can you share some valuable tips for young lawyers on effective  courtroom advocacy and client representation? 

    Absolutely, I’d be happy to offer some practical advice for young lawyers when  it comes to effective courtroom advocacy and client representation: 

    Thorough Preparation: Before stepping into the courtroom, invest ample time in  thoroughly understanding your case, including the legal aspects, relevant  precedents, and the key facts. Anticipate potential arguments from the opposing  side, and be ready with well-researched counterarguments. 

    Confidence and Professionalism: Maintain a confident demeanour while always  upholding the highest standards of professionalism. This includes how you interact  with both the court and your clients. Confidence can inspire trust in your clients and  convey competence to the court. 

    Effective Communication: When presenting your case, aim for clear and concise  communication. Avoid using legal jargon that might confuse your clients or the  court. Ensure that your client fully comprehends the proceedings, and be ready to  explain legal matters in plain language. 

    Active Listening: Actively listen to your client’s concerns and questions. Keeping  your clients well-informed about the progress of their case is vital. Address their  queries promptly and provide updates on the developments in their legal matter. 

    Adaptability: Be flexible in your approach. Legal proceedings can take unexpected  turns, so always be prepared to adapt your strategy and arguments if the  circumstances change during the case. This flexibility can be a key asset in  achieving the best possible outcome for your client. 

    Ethical Practice: Uphold the highest ethical standards in all your interactions and  actions. Your reputation for integrity is one of your most valuable assets as a lawyer.  Always act in the best interests of your clients while adhering to ethical guidelines  and professional conduct. 

    Mentorship: Seek out experienced lawyers who can serve as mentors. Learning  from their insights and experiences can be incredibly valuable as you navigate the  complexities of legal practice. A mentor can provide guidance, share practical  knowledge, and help you grow as a legal professional.

    Remember that effective courtroom advocacy and client representation are skills that  develop over time with experience and continuous learning. Stay dedicated to honing  these skills, and you’ll be better equipped to serve your clients and achieve success in  your legal career 

    When it comes to dealing with the Companies Act, 2013, I’ve seen firsthand  how it can get pretty complex. Businesses often encounter some common  challenges, and here’s my take on it: 

    Regulatory Changes: This act is like a chameleon—it’s always changing its colors.

    Frequent amendments and updates keep rolling in, and businesses need to stay on  their

    toes to keep up. It’s like trying to catch a moving target. 

    Corporate Governance: Proper corporate governance is crucial, but it’s not  always a walk in the park. It involves things like making sure board meetings are  held as required and disclosures are made accurately. Sometimes, it feels like  juggling multiple balls in the air. 

    Financial Reporting: Ah, financial reporting! This one’s a classic challenge. It’s  not just about numbers; it’s about getting them right, auditing them thoroughly, and  filing them on time. It’s like a high-stakes game of financial precision. 

    Related-Party Transactions: Compliance with regulations on related-party  transactions can be quite a puzzle. It’s a delicate balancing act, and one wrong move  can lead to trouble. Managing these intricacies is key. 

    Compliance Documentation: Let’s not forget about the paperwork. Maintaining  meticulous records and documentation is critical. It’s like building a paper trail that  stands up to scrutiny. 

    So, how do I lend a hand to businesses dealing with these challenges? Well, I like to be  proactive. I offer compliance solutions that are ahead of the curve, conduct thorough  compliance audits, and provide guidance that helps businesses navigate the Companies  Act, 2013, and all its intricacies. It’s all about making sure they stay on the right side of  the law while they focus on their core operations 

    Finally, for fresh graduates aspiring to pursue a career in law, what advice  would you offer based on your own experiences and growth in the legal field? 

    To fresh graduates with dreams of embarking on a legal career, I’ve got some  advice based on my own experiences and growth in the legal field: 

    First and foremost, nurture a true passion for the law and a steadfast dedication  to the pursuit of justice. Trust me, it’s this passion that will be your unwavering ally  when you face the inevitable challenges along the way. 

    Secondly, you have to be in the process of continuous learning as the legal world  is like a dynamic river; it never stops moving. So, make a pact with yourself to be a  lifelong learner. Stay curious, stay hungry for knowledge, and keep an eagle eye on 

    legal developments, including the latest case law and legislative changes. This  knowledge is your secret weapon for excelling in your practice and serving your clients  with excellence. 

    Finally, I could not stress more on the power of connections. Take the time to  build relationships within the legal community. It’s not just about collecting business  cards; it’s about forging genuine connections with fellow lawyers, mentors, and  seasoned practitioners. These connections can work wonders, opening doors to exciting  opportunities and valuable mentorship that can fast-track your journey in the legal  profession. 

    Remember, the path you’re embarking on is both challenging and incredibly rewarding.  With passion, continuous learning, and a well-nurtured network, you’ll not only  navigate this path but also thrive in the world of law. Best of luck on your exciting  journey ahead!

    Get in touch with Shivee Pandey Sinha-

  • No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

    No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

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

    Can you share with us your journey and what inspired you to pursue a career in law?

    I come from a family of lawyers, which cemented my interest in the legal profession. From a very young age I was sure that I wanted to pursue law as a career. The more I learned about the law, the more I realized its potential to bring about meaningful change.

    Right after law school I took the conscious decision of not joining my family’s corporate firm and ventured into litigation, which I have found to be my true calling and passion.

    I have been fortunate enough to have been mentored by the brightest legal minds in the fraternity who have shaped me into a confident young litigator. I look forward to reaching the pinnacle of success and mentoring the next generation of lawyers as I have been mentored by my seniors.

    With 15 years of extensive experience, you’ve established a stellar reputation in the legal field. Could you tell us about the most challenging case you’ve worked on and the outcome you achieved?

    I have been extremely fortunate to have worked on a wide range of matters in my career, and the experience I have gained while doing this is invaluable. While every case one argues is close to the heart, but one case that stands out is the Delhi University photocopy matter.

    I was representing the photocopier in the matter against the might of international publishers. It was truly a David and Goliath story. Justice Endlaw ruled in our favour holding that the right to photocopy was ‘fair use’ under the Copyright Act. The impact that the judgment had on the students throughout the country and the education system in India has been immeasurable.

    I vividly remember the day the judgment was pronounced. There were scenes of jubilation outside the court room. It was a very emotional and proud moment for me. The impact that the judgment had on the education system is immense.

    You have a comprehensive understanding of various areas of law, including civil, commercial, arbitration, and white-collar crimes. How do you manage to maintain such a diverse legal practice effectively?

    In today’s day and age, there is a huge focus on specialization. No doubt specialisation is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view. In my opinion, you cannot limit yourself to one area of law, in view of the complexity of disputes these days.

    As counsels were are exposed to a wide variety of matters, which hone your skills in different areas of law. One needs to constantly learn and adapt to different matters. This is very challenging, but is equally rewarding as well.  I personally feel that once your fundamentals are clear, combined with knowledge of procedural aspects, you can easily adapt to any area of law, be it civil or on the criminal side.

    You’ve been appointed as an arbitrator in numerous cases. What are the unique challenges and responsibilities that come with this role, and how do you ensure fair and efficient dispute resolution?

    Being appointed as an arbitrator carries distinct challenges and responsibilities. One key challenge is maintaining impartiality and neutrality throughout the arbitration process. This involves avoiding any conflicts of interest and ensuring that both parties have an equal opportunity to present their case.

    To ensure fair and efficient dispute resolution, I stay well-versed in the relevant laws and regulations, enabling me to interpret contracts, assess evidence, and make informed, legally sound decisions. Additionally, I actively encourage settlement discussions when appropriate.

    In addition to your legal practice, you’ve also written several articles and publications. How does your commitment to sharing legal knowledge benefit the legal community as a whole?

    I have a passion for writing, and I strongly feel that sharing knowledge and research through articles benefits the legal community greatly. In my view, it fosters a culture of continuous learning within the legal community. Sharing insights and expertise through articles and publications allows fellow legal professionals and clients to access valuable information, stay updated on legal developments, and explore innovative approaches to legal issues. This exchange of knowledge contributes to the growth and improvement of the legal profession as a whole.

    Furthermore, it helps build trust and credibility. Clients and peers often view lawyers who actively contribute to legal literature as authorities in their field. This trust enhances one’s professional reputation and encourages clients to seek my counsel and representation, knowing that I am committed to staying at the forefront of legal knowledge.

    Lastly, what advice would you like to give to fresh law graduates who are just starting their careers in the legal field?

    My advice to fresh law graduates can be summed up in two key points. Firstly, never stop learning. The legal field is dynamic, so continuously update your knowledge through courses, seminars, and reading. Secondly, seek mentorship from experienced lawyers, as their guidance can significantly accelerate your growth. These principles will help you build a successful and fulfilling legal career.

    Get in touch with Saurabh Seth-

  • Legal professionals need to be tech savy not to look smart but to be smart because, the solution needs to be digital, fast, smart and Tech driven nowadays and more in future- Shaswata Kapat, Tech-Lawyer, DIFX – Digital Financial Exchange

    Legal professionals need to be tech savy not to look smart but to be smart because, the solution needs to be digital, fast, smart and Tech driven nowadays and more in future- Shaswata Kapat, Tech-Lawyer, DIFX – Digital Financial Exchange

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

    Can you tell us about your journey into the field of law, particularly how you developed a passion for technology law and web3?

    From my childhood I was always a tech Nerd, I still remember I would draw new smartphone designs, new kinds of computing devices in the back of my note books, and conduct odd experiments with my school best friends at his or my house. But then my family is a doctor’s family so got drawn into Medical & NEET entrance. But did miserably at entrances and got depressed and thought I can’t do anything in my life. From a bright student to a failure….life had taken a sharp turn, so my father suggested to study B.SC.LL.B where I would be able to study Science and Law together, and from my first class at Contracts and Constitution – Torts I fell love in law..and then GDPR came..so data privacy..and during 2019 into Web3 and this world…because I wanted to be part of this amazing revolution happening in Our technology, financial and social world.

    Your background includes expertise in Cyber Ethics & Forensics. How has this specialization influenced your approach to technology law, and can you share any notable experiences from your work in this area?

    As I was saying my course was in BScllb, so from start we were taught in law school ballistics,  forensic physics,  chemistry,  Cyber forensics,  bioinformatics, Toxicology and interned in 1st year in Chandigarh Central Forensic Science Laboratory,  live place where the heinous Kathua Rape case’s forensics has been done, that propelled my interest in the junction of Law – Science & Technology. So these experiences and learning curve helped me to later on write a research paper on core tech policy issues which got international recognition, referred to in International – USA University Law journals,  which was read coincidentally read by one of my then future seniors who hired me after a few years. 

    With your extensive experience in IP, Data privacy, AI Ethics, and Cyber Laws, how do you see these areas evolving in the context of emerging technologies like web3 and blockchain?

    People have a very big misconception about Web3 & blockchain.  That everything is this field is crypto currency.  It’s much more than that…web3 blockchain are the jumps of what we have seen since 1990 when the internet started to become commercialized..when web2 happened in 2010-12 the social media started to take place. But it’s more than that because it’s disrupting conventional financial system,  social ideology,  macro and micro economy. And in this new order of law everything is moving..so IP, Data Privacy,  AI Ethics, Cyber Laws all are part of it…your general civil litigation…corporate laws…criminal liability..Competition law…corporate governance..Banking law..capital markets all are part of it… these will be becoming more intertwined to each other, and we will see newer versions of every conventional law we have seen till now.

    You’ve worked with top-tier law firms in different parts of the world. Could you share some insights into the challenges and opportunities you encountered while advising clients on complex cross-border technology transactions and crypto projects?

    The biggest challenge is to be updated and be prepared for dynamic laws across the globe and how it connects and how it sometimes does not connect. For an example some clients want a bespoke corporate structure for their project to have banking in Singapore,  some Money remittance license in USA, corporate tax free entity in Caymans Islands, treasury in BVI, sister one in UAE and IP in Bahamas. So you need to know not only those countries’ laws…all sorts of laws required for this…so you need to keep studying, updating yourself…keep researching..try to come up with innovative and long term beneficial plans for your clients. As I have been the young lawyer in the room of some senior folks….it needs more of your quick analysing ability and effort to be on toe to toe with their experience. 

    As someone who’s deeply involved in the world of Web3 and Tech events, could you highlight some recent developments in Crypto & TMT law that you find particularly fascinating or impactful for businesses?

    There has been some big developments across the globe, starting with india’s Long due Data Protection Act and then with recent G20 Summit in India the G20 countries have called for global consensus based crypto and web3 regulations on this basis of recently published IMF – FSB Synthesis Paper on Crypto Policy. Then UAE with their forward thinking VARA & ADGM regulators coming up with some comprehensive regulatory frameworks and planning and Singapore and Hong-Kong are on the same path. And California and the EU are recently working on their AI regulations as well… every other country wants to regulate these emerging countries…but the countries who are acting first with pro innovation and ample light touch regulations are going to win the race of getting maximum business. 

    How do you balance your technical knowledge with legal expertise when representing clients in negotiations, drafting contracts, or advising on complex legal issues?

    Most of my clients are seasoned entrepreneurs and Tech wizards.  So it’s hard to be on their wavelength in a conversation about the technical side of the business connecting dots with law. So I keep Learning and keep using my background in core technology and science to bridge the gap between their technological solutions and my legal solutions.  So complex technologies sometimes don’t have their pre structured legal solutions.  So I always map their tech and their implications,  jurisdictions,  risks, solutions and then solve each challenge of them in a legal lense one by one and in the end connect the dots and give them the full picture legal solutions.  It’s challenging and it’s exciting!

    Given your belief in the transformative potential of AI and web3, what role do you see for legal professionals in shaping the future of these technologies?

    People are either getting fearful that AI will replace their jobs or web3 will replace conventional business ecosystems or either People are ignorant that they should be detached from AI & web3. Both thoughts are wrong,  you should embrace with awareness, you should harness the power of AI & web3 to take leverage and grow your capabilities and your business.  Legal professionals need to be tech savy not to look smart…to be smart…because the solution needs to be digital..fast…smart and Tech driven nowadays and more in future.

    Lastly, as a seasoned legal professional, what advice would you like to give to fresh graduates aspiring to pursue a career in technology law, especially in the context of the ever-evolving landscape of web3 and emerging technologies?

    This field is new, unconventional but with mammoth potential.  Don’t get caught in the dazzling rays in this field, try to understand and go deeper into this field, explore it and then choose this as a career.  Be very quick in your approach.  Because remember Technology always moves faster than Laws and regulations.  So you need to be in tune with technology and sometimes go beyond it … ..it’s a highly innovative and exciting and challenging field…if you love to be at the forefront of writing the future legal world of a newly forming digital world … .take up web3, AI and emerging tech law…. Best of luck & After all it’s fun to be a lawyer in this space!!

    Get in touch with Shaswata Kapat-