Tag: lawyer

  • Legal fields can evolve rapidly, and being  flexible in your approach allows you to incorporate new developments effectively-Mohit Batra, Associate Director- Legal &Compliance,VerSe Innovation(Josh& Dailyhunt)

    Legal fields can evolve rapidly, and being flexible in your approach allows you to incorporate new developments effectively-Mohit Batra, Associate Director- Legal &Compliance,VerSe Innovation(Josh& Dailyhunt)

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

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

    I come from a non-legal background. Following my completion of school, I enrolled  at Delhi University to pursue a degree in History (Hons) while simultaneously preparing for a  law entrance exam. Progressing further, I participated in several entrance exams and achieved  an impressive rank in the GGSIP university entrance exam. This accomplishment led me to  join Amity Law School (GGSIP University), conveniently located in my hometown of Delhi.  It took a few semesters to gain a comprehensive understanding of the field of law as a subject,  and I further expanded my knowledge through internships, gaining insight into its practical  applications.  

    During my time at law school, my areas of particular interest revolved around company law  and the realms of International Trade and Intellectual Property. This focus guided my  trajectory, leading me to specialize in corporate laws with a specific inclination towards the  intricacies of commercial contracts and advisory.  

    With over 14 years of experience in legal advisory, litigation, and compliance, could you  share some of the most significant challenges you have faced in your career and how you  overcame them? 

    I started my career as an In-house counsel with a Korean multinational corporation.  Being the first Indian employee in this role, I was entrusted with the responsibility of initiating  operations from the Korean MNC’s representative office and establishing a subsidiary within  India. This task presented challenges, yet it captivated my interest as I navigated through the  intricacies of elucidating legal obligations and confronting day-to-day hurdles associated with  the establishment of a wholly owned subsidiary in the Indian context. Beyond managing  routine responsibilities, I also collaborated with the headquarters to address legal inquiries  pertaining to significant contracts involving government public sector undertakings (PSUs) and  private enterprises in India. Throughout my professional journey, my primary area of expertise  and interest has revolved around General Corporate law as a practice. My predominant focus  lies in facilitating transactions, encompassing activities such as conducting thorough due  diligence, managing transactional documentation, providing advisory services, and extensively  engaging with a broad spectrum of corporate and commercial legal affairs for privately held  companies. 

    Navigating this journey as a recent law graduate came with its share of challenges, particularly  when faced with the task of addressing inquiries and managing responsibilities independently, without the luxury of guidance. Being the sole In-house counsel at the time, I had no support  to rely upon, and this situation added an extra layer of complexity to my role.  

    As a member of the Bar Council of Delhi, you have a strong command over commercial,  civil, criminal law, commercial disputes, and arbitration matters. How do you manage such  diverse areas of expertise, and what advice would you give to aspiring lawyers looking to  specialize in multiple legal fields? 

    As a practicing in House counsel has to wear multiple ‘Hats’. Maintaining  proficiency in diverse areas of law, especially within the domains of commercial, civil, criminal  law, commercial disputes, and arbitration matters, requires a strategic approach and a  commitment to continuous learning. Here’s how one might manage such a range of legal  expertise: 

    Foundational Knowledge: Start by building a strong foundation in each area of law. This  involves studying the fundamental principles, key statutes, and landmark cases that pertain to  each field. 

    Continuous Learning: The legal landscape is constantly evolving. Stay updated with changes  in laws, regulations, and judicial interpretations across all the fields you’re focusing on. This  might involve regularly attending legal seminars, workshops, webinars, and reading industry  publications.  

    Time Management: Juggling multiple fields requires effective time management. Allocate  specific time blocks for each area of expertise, ensuring that you’re dedicating sufficient time  to remain well-versed in each one. 

    Mentorship and Networking: Connect with seasoned professionals who specialize in each  field. Their guidance and insights can offer invaluable practical knowledge that complements  your theoretical understanding.  

    Technology and Research Tools: Leverage technology and legal research tools to efficiently  gather information across multiple fields. Online databases and legal research platforms can  help streamline your information gathering process.  

    Practical Experience: Practical experience is crucial. Engage in internships, clerkships, or  positions where you can gain hands-on exposure in each field. Practical insights often solidify  theoretical knowledge. 

    Adaptability: Be adaptable and open to change. Legal fields can evolve rapidly, and being  flexible in your approach allows you to incorporate new developments effectively.

    Remember that gaining expertise in multiple legal fields is an ongoing process. It requires  dedication, curiosity, and a willingness to embrace challenges as opportunities for growth.  

    In your current role as Associate Director Legal & Compliance – Chief Compliance Officer  & Product Legal at VerSe Innovation Private Limited, what are some of the most critical  compliance challenges you face in the digital media industry? How do you ensure compliance  with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)  Rules, 2021?  

    As the Associate Director Legal & Compliance – Chief Compliance Officer &  Product Legal at VerSe Innovation Private Limited, I face a number of critical compliance  challenges in the digital media industry. These include:  

    Data privacy and security: The digital media industry is constantly generating and  collecting large amounts of user data. This data is often sensitive and must be protected  from unauthorized access, disclosure, or misuse.  

    Intellectual property protection: The digital media industry is also a major creator  and user of intellectual property, such as copyrights, trademarks, and patents. It is  important to ensure that this intellectual property is properly protected from  infringement. 

    Content moderation: The digital media industry faces a challenge in moderating the  content that is published on its platforms. This content can range from harmful or illegal  content to content that is simply offensive or controversial. It is important to strike a  balance between freedom of expression and the need to protect users from harm.  

    Compliance with local laws and regulations: The digital media industry is subject to  a variety of local laws and regulations, which can vary from country to country. It is  important to stay up-to-date on these laws and regulations and to ensure that the  company is in compliance with them.  

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,  2021 (IT Rules 2021) are a set of regulations that govern the functioning of intermediaries and  digital media platforms in India. These rules impose a number of obligations on intermediaries  and digital media platforms, such as the removal of harmful content, the appointment of a  grievance officer, and the compliance with a code of ethics.  

    I ensure compliance with the IT Rules 2021 by:  

    Establishing a robust compliance framework: This framework includes policies and  procedures for managing data privacy, intellectual property, content moderation, and  compliance with local laws and regulations.  

    Providing training to employees: Employees are regularly trained on the company’s  compliance policies and procedures.  

    Monitoring compliance: The company has a system for monitoring compliance with  the IT Rules 2021 and other relevant laws and regulations.  

    Responding to complaints: The company has a system for responding to complaints  about the content that is published on its platforms. 

    I believe that these measures are effective in ensuring compliance with the IT Rules 2021 and  other relevant laws and regulations. However, the digital media industry is constantly evolving,  and it is important to be prepared for new challenges that may arise in the future.  

    You have provided legal advice for various strategic commercial projects and technology  deployments. Can you share a specific project that you found particularly challenging and how  you navigated the legal complexities involved?  

    One project that I found particularly challenging was the development of a new machine learning powered content moderation platform. The platform was designed to  automatically detect and remove harmful content from VerSe Innovation’s platforms. However,  there were a number of legal challenges that needed to be addressed in order to develop and  deploy the platform.  

    One challenge was the need to comply with the IT Rules 2021. These rules require  intermediaries and digital media platforms to remove harmful content, in accordance with the  verbiage in the IT Rules 2021. This meant that we had to carefully consider the different types  of content that could be considered harmful and develop a system for detecting and removing  this content as per the platform policies .  

    We also had to consider the potential impact of the platform on freedom of expression. The  platform would be able to remove content that was considered harmful, but it was important to  strike a balance between protecting users from harm and allowing for freedom of expression.  We navigated the legal complexities involved in this project by working closely with the  company’s moderation and engineering team. The platform has been successful in removing  harmful content from VerSe Innovation’s platforms and has helped to create a safer and more  inclusive online environment.  

    I learned a lot from this project about the challenges of developing and deploying new  technologies in the digital media industry. I also learned the importance of working closely  with tech team and content moderation experts to navigate the legal complexities involved in  these projects. 

    Throughout your career, you have been involved in drafting, reviewing, and negotiating  various agreements, including technology, gaming, banking, and real estate agreements. What  key aspects do you consider when reviewing and negotiating these agreements, and what are  some common pitfalls that people should be aware of?  

    During my professional journey, my involvement in drafting, reviewing, and  negotiating a range of agreements spanning technology, gaming, banking, and real estate has  highlighted several crucial aspects to consider, as well as common pitfalls to avoid; 

    (i) an  agreement must use clear, unambiguous language to define terms, obligations, and rights of the  parties involved; 

    (ii) the draft agreement clearly outlines the scope and purpose of the agreement.  This helps prevent misunderstandings regarding the parties’ intentions; 

    (iii) explicitly detail the  responsibilities and obligations of each party; 

    (iv) the draft should address intellectual property rights, licenses, and permissions thoroughly. determine who owns what, and how rights are  granted or licensed; 

    (v) clearly define payment terms, including amounts, frequency, and  methods of payment. Include provisions for late payments, interest, and penalties; 

    (vi) outline  the conditions under which the agreement can be terminated and the process for doing so.  Address any consequences of termination; 

    (vii) specify the mechanisms for resolving disputes,  whether through negotiation, mediation, arbitration, or litigation; 

    (viii) establish protocols for  handling confidential information and trade secrets, including restrictions on disclosure and  use; 

    (x) address liabilities, including limitations on liability, indemnification obligations, and  insurance requirements; 

    (xi) Account for unforeseen events that might impact the execution of  the agreement, such as natural disasters or unforeseen circumstances. 

    Common Pitfalls to Avoid:  

    Incomplete or Ambiguous Terms: Vague or incomplete clauses can lead to  misunderstandings and disputes down the line.  

    Ignoring Local Laws: Failing to consider applicable laws and regulations can result in non compliance and legal issues. 

    Unequal Bargaining Power: Negotiating parties with disparate power dynamics can lead to  unfair terms or misunderstandings.  

    Lack of Exit Strategy: Without clear exit provisions, parties might face challenges when  terminating an agreement prematurely. 

    Weak Dispute Resolution Mechanisms: Poorly defined dispute resolution processes can  prolong conflicts and escalate costs.  

    When reviewing and negotiating agreements, it’s essential to consult with the business team who  have specific the real intent of the deal or transaction. As a legal professional, I can help identify  potential issues, offer solutions, and ensure that the agreement aligns with the parties’ intentions  and relevant legal frameworks. 

    You have also advised on fundraisers and conducted due diligence on M&A activities. What  are the essential factors to consider during due diligence, particularly in terms of data privacy,  anti-corruption, and product compliance?  

    A legal due diligence report is a comprehensive review of a target company’s legal  compliance status. It typically includes a review of the company’s corporate compliance,  contracts, licenses, employees, properties, intellectual property, and litigation. The report is  used to identify any potential legal risks associated with the company and to help the investor 

    negotiate the transaction documents. The outcome of the due diligence process can have a  significant impact on the negotiations of the transaction documents. The report should highlight  any risks that the investor may face and propose solutions or mitigation strategies. It is also  important to complete the due diligence process in a timely manner so that the definitive  agreements can be negotiated and executed.  

    The essential factors to consider during due diligence, particularly in terms of data privacy,  anti-corruption, and product compliance, include:  

    • Data privacy: This includes the collection, use, and storage of personal data. You need  to ensure that the company complies with all applicable data privacy laws and  regulations.  

    • Anti-corruption: This includes the prevention of bribery and other corrupt practices.  You need to ensure that the company has in place adequate anti-corruption controls,  such as a code of conduct and a whistleblowing policy.  

    • Product compliance: This includes ensuring that the company’s products comply with  all applicable laws and regulations. This can be a complex area, as there are many  different laws and regulations that may apply, depending on the product, market and  the user base.  

    As a seasoned professional, what advice would you give to fresh graduates who are  entering the legal field? Are there any skills or areas of specialization that you would  recommend focusing on for a successful legal career? 

    Fresh law graduates should focus on developing a deep understanding of their  practice area and the laws relating to it. This is important because it will give them a strong  foundation for their career. It is also important to be patient and willing to learn. There is no  one right way to practice law, and it takes time to find your own style. Don’t be afraid to explore  different areas of law, but be prepared to put in the hard work to succeed. It is also important  to never get discouraged. The legal profession is a demanding one, but it is also very rewarding.  There is always room for improvement, so keep learning and growing. Some key qualities or  skills that are important for fresh law graduates include: 

    • Discipline: Being able to manage your time and stay focused on your work.  

    • Willingness to learn: Being open to new ideas and feedback.  

    • Updating yourself every day: Keeping up with the latest legal developments.  

           • Hard work and street-smart work: Being willing to put in the effort to succeed.  

    • Being a team player: Being able to work effectively with others.  

    • Time management: Being able to manage your time effectively.

    Get in touch with Mohit Batra-

  • Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts- Martín Mosteirin, Partner at Marval O’Farrell Mairal

    Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts- Martín Mosteirin, Partner at Marval O’Farrell Mairal

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

    Can you tell us about your journey and how you ended up practicing law in the field of life sciences and healthcare?

    After graduating from Universidad de Buenos Aires with a law degree in 2002, I joined Marval O’Farrell Mairal as a legal trainee and had the privilege to work in multiple practice areas, such as banking, commercial law, public law, maritime and air law, insurance, and complex litigation. 

    My first contact with the industry of life sciences –during my practice at the Litigation and Arbitration Department– was through a clinical trial agreement, where I found a really complex regulatory structure for a fascinating industry. After that experience, I decided to develop the regulatory practice at the life sciences department in the firm. I began to network and assist life sciences clients on a wide range of contentious, regulatory, and transactional matters, combining different areas of expertise such as bio-pharmaceutical, healthcare, health-tech, medical devices, dental products, cosmetics, toiletries and perfumes, households cleaning products, food industry, animal health and food, food-contact products, and agribusiness (seeds, agrochemicals, herbicides, insecticides, fungicides, fertilizers, growth regulators, GMOs, and other related products), among other industries. 

    Nowadays, our practice group for Life Sciences and Healthcare industries is one of the largest and best teams in LatAm. We have a team of six fully dedicated associates, experts in this field, who assist our clients in all aspects of their business. Besides the “pharma team”, we have specialized professionals across all practice areas of the firm (corporate, tax, customs, IP, antitrust, etc.). All together, we are about 60-70 lawyers with an actual life sciences and healthcare practice in connection with our fields of expertise. 

    Our team provides legal advice to leading global companies on regulatory strategies and compliance matters, ranging from the client’s day-to-day business to complex cross-border transactions, start-ups, joint ventures, M&As, spin-offs, product liability, contracts, compliance training, monitoring, audits and investigations, (trial and pre-trial) administrative proceedings and litigation, and civil and commercial advice in general. 

    Our main objective is to help our clients by delivering sophisticated, high-quality, and multi-practice work in cross-discipline matters for complex projects, enhancing the outcome.

    What drew you to specialize in regulatory strategies and compliance matters for the bio-pharmaceutical, healthcare, and other related industries?

    During my practice, I found an important gap between, on the one side, local laws and regulations regulating this industry and, on the other, the challenges clients face regarding compliance with them in the practice. These challenges are especially hard in those spaces where the law has loopholes or is ambiguous. I was able to identify a gap in the Argentinian legal market that no other law firm was fulfilling: the need of clients to receive advice on these matters with an “industrial” focus. We do so by providing multidisciplinary support to the client. The fact that Marval is a full-service law firm gave us an enormous opportunity to encompass this need and provide valuable solutions for clients.

    With your extensive experience in both contentious and non-contentious legal advice, what are some of the most challenging cross-border transactions or complex projects you have worked on?

    Our Life Sciences & Healthcare practice is consistently involved in large, complex –often high-profile– transactions, and other key matters in the sector. Due to their strict confidentiality, in many cases we cannot refer to the clients and/or projects by name. We will thus mention them broadly:

    • Currently, we are designing the regulatory, corporate and tax strategy for a top pharma company to merge its multiple corporate and manufacturing facilities structures into one robust cost-effective pharma vehicle, facing the challenges that derive from legal loopholes in the sanitary regulations vis-à-vis the regulated corporate and tax frameworks.
    • We are advising a global pharma company on the different available business models for landing their operations in the Argentine market.
    • We assisted a top pharma company in the spin-off and selling of a business unit (mature pipeline) in Lat-Am, coordinating the work in 19 countries. 
    • We assisted three top pharma companies in the designing and implementation of the regulatory, corporate and tax strategy for the spin-off merger of their consumer healthcare portfolio (Rx, OTC, medical devices, cosmetic, and food products).
    • We assisted a top global food company in the designing and implementation of the water business unit’s spin-off merger for creating a joint venture with a third-party player, from a regulatory, corporate and tax perspectives, covering multiple jurisdictions in the country where manufacturing facilities were located. 
    • We advise top pharma companies for their strategy assessments and implementations of hybrid business models in Argentina.
    • In the context of a full lockdown due to the coronavirus outbreak, we assisted Pfizer Inc. with the negotiation and execution of the clinical trial agreement for starting phase III trial of the vaccine candidate for Covid-19 in Argentina (August 2020).
    • We assisted a key global player who offers value-added fermentation solutions for fuel ethanol and renewable chemicals producers, to define the best regulatory strategy for registering fuel and consumable ethanol-based products to develop the local market. 
    • We advised Takeda Pharma when it sold the Hepatalgina business unit (OTC medicine) to Laboratorio Elea-Phoenix S.A. (June 2020). The transaction included the transfer of an operating manufacturing plant, employees, trademarks, and product marketing authorization certificates. The transaction was carried out during the Covid-19 pandemic, while a mandatory quarantine was in force. It therefore required coordinated, innovative, and collaborative legal work to close successfully.
    • We assessed in negotiating the transfer of technology agreement between a multinational biotech pharmaceutical company, a state-owned pharmaceutical company, and the Argentine Government for manufacturing and supplying a complex drug.
    • We advised on the start-up operations in Argentina of top-ten biotech global pharmaceutical companies, including orphan drugs manufacturers.
    • We assessed in negotiating and implementing a divestment process of the local business of a French global pharmaceutical company to move from a full affiliate business model to an indirect business model through a third-party distributor for continuing supplying the local market.
    • We advise global cannabis companies on the Argentinian regulatory landscape and the possible business models for starting operations in it.
    • We provided legal support on cross-border transactions in acquiring and restructuring healthcare businesses of global healthcare companies.
    • We provided regulatory assessment and advice on the Pharmacy Program of a top-three global retail company for its pharmacy division.
    • We advised on the start-up operations in Argentina of a leading cosmetic and personal hygiene products company in Latin-America.
    • We provided legal support on cross-border transactions in acquiring and restructuring medical devices businesses of global medical devices companies.
    • We advised on the start-up operations in Argentina of leading multinational food companies, and a leading global food packaging company.
    • We provided legal support on cross-border transactions in acquiring and restructuring vineyard and winery businesses, including advice on food-contact regulation for importing finished wine corks.
    • We advised a leading global infant formula company during a cross-border transaction for acquiring SanCor’s infant formula business unit and designing and implementing a joint venture project. 
    • We advised multinational pharmaceutical companies and US universities on clinical trial matters in Argentina.
    • We design and implement compliance programs and training for the interaction between pharmaceutical and medical devices companies, and healthcare professionals, HMOs, Pos, and third-party vendors. We also carried out several on-going risk assessments on current practices for the Argentinian market.
    • We provide specialized advice on pool procurement and risk-sharing schemes for the pharmaceutical industry.
    • We advised top global confectionery products companies about the Argentinian regulatory landscape and the possible business models for starting operations in Argentina. 
    • We provided legal support and advice on a regional distribution agreement in Lat-Am for a global Japanese chemical company, coordinating the work of several jurisdictions besides Argentina (Brazil, Colombia, Chile, Mexico, and Peru).
    • We provided regulatory advice to global companies on agribusiness regulations and legal support on cross-border agribusiness transactions (seeds, agrochemicals, herbicides, insecticides, fungicides, fertilizers, growth regulators, GMOs, and other related products).
    • We have provided both contentious and non-contentious advice to leading multinational companies on regulatory strategies and compliance in the pharmaceutical, healthcare, biotech, medical devices, medical-technology devices, dental products, cosmetics, toiletries and perfumes, households cleaning products, agribusiness and food industries, on a broad spectrum of matters from clients’ day-to-day business to complex cross-border transactions, start-ups, joint ventures, regional business’ re-structuring, M&As, and spin-offs.

    As a partner at Marval O’Farrell Mairal, how do you deliver sophisticated, high-quality work in cross-discipline matters for your clients?

    By being personally involved in all the on-going projects. I am the first point of contact for my clients, and I am always available for them, either personally or through my team.

    We generate 80% of our workload. The pharma team has a fully specialized team of six associates with full time dedication to this practice. The team also has the support of the firm’s other practice areas, to provide life sciences clients with a multidisciplinary, cost-effective support. 

    For me, as a partner, it is a priority to understand the current needs and goals of our clients. By thoroughly identifying the challenges they face and the dynamics of the industry, we can provide tailored legal advice and strategies that effectively address their specific requirements. Strong client communication and collaboration are fundamental to our approach. We maintain open lines of communication, actively listen to our clients’ concerns, and provide timely and responsive advice. It is about building long-term partnerships based on trust and a shared commitment to achieve our clients’ goals and business needs. In fact, we consider ourselves as trusted advisors for our clients.

    You have written numerous articles and co-authored chapters in various publications. Could you share some insights from your recent publications and their significance in the regulatory landscape?

    We recently updated The Pharma Legal Handbook for 2023, published by Pharma Boardroom, which is a guide providing in-depth information and analysis of the legal and regulatory framework for the pharmaceutical industry in many countries. It covers a wide range of pharmaceutical law topics, including patents and trademarks, regulatory requirements, clinical trials, orphan drugs and rare diseases, pricing and reimbursement, cannabis, biologics and biosimilars, product liability, and more. This handbook aims to provide practical insight and guidance while navigating the complex regulatory landscape of the pharmaceutical industry. It offers analyses of the key legal issues and challenges faced by pharmaceutical companies, as well as best practices and strategies for compliance.

    We have recently updated the International Pharmaceutical Law and Practice as well, published by LexisNexis, a work that also covers the principal regulatory aspects of pharmaceutical law, but focuses on the intellectual property (licensing, trademarks, patents) side of pharmaceutical products. Its importance to the legal landscape lies in how crucial intellectual property is to pharmaceutical companies: it enables them to innovate and protect their investments while maintaining a competitive advantage. By bringing together the essentials of intellectual property law from a pharmaceutical perspective, companies will have a starting point for understanding the requirements they need to meet in order to develop their industry in Argentina and protect their intellectual property.

    You have been invited to speak at conferences and seminars in the healthcare and life sciences industry. What are some of the key topics you have covered in these speaking engagements?

    My team and I usually participate as speakers in different webinars, conferences, or university classes covering a broad range of topics such as biologics and biosimilars regulations in Argentina, regulatory framework for medicines and devices and possible business models for landing operations, key developments of cannabis laws in Argentina, digital and electronic prescriptions, and the novel front-of-package regulatory framework applicable to foods and beverages. Our main goal is to explain the Argentinian legal framework with a pragmatic approach, where laws and regulations are considered jointly with current practices in the industry, case law precedents, and considerations about where the health authority may be focused at that time.

    Could you share your involvement and role in professional organizations such as the International Bar Association (IBA), Lex Mundi, AmCham, and the Buenos Aires Bar Association?

    As a member of the IBA Life Sciences and Healthcare Practice Group, I actively participate in it for updating contents and assisting to our global meetings, inviting new pharma colleagues to join us from around the world, and expanding our network, which provides a great opportunity for interaction between peers and clients to debate pressing issues in the industry. 

    I am an active member of the AmCham’s Health Group in Argentina, which is one of the main platforms in which the private health sector holds meetings to debate about their main public/private interests and make proposals to be debated or analyzed with individuals or entities of the public sector.  

    I am also involved in other very relevant professional organizations, such as the Food Lawyer Network, the American Bar Association, Latinos in BIO, plus support to programs such as the one conducted by Seton School of Law for the Latin American Healthcare and Life Sciences program.

    Among your recent conference attendances, which one stands out to you the most and why?

    The conference that stood out the most recently was IBA’s Life Sciences & Healthcare annual global meeting last June in Washington DC, followed by BIO International Convention the next week in Boston, US. At several panels featuring industry speakers and other legal experts during dynamic roundtable sessions we discussed key developments in the life sciences and healthcare industry. These conferences provide an excellent opportunity to network with different peers and industry experts. 

    With your expertise in the field, what are some current trends or emerging challenges in the life sciences and healthcare sectors that companies should be aware of? 

    One of the hot topics in Argentina today is the digitization of the healthcare system. Recently, Argentina’s Ministry of Health created a unified digital medical record system that, when applied, is expected to significantly improve the accessibility, accuracy, and efficiency of patient information. It will allow healthcare providers to securely store and retrieve patient data, track medical records, access diagnostic results, and facilitate the exchange of information between different health facilities. The Ministry of Health also stipulated that authorized healthcare professionals can issue electronic or digital prescriptions and treat patients through telemedicine platforms. This is a major step forward, as patients can now access healthcare services without leaving their homes, which is very beneficial in a country like Argentina, that has many rural or remote areas. This shows a tendency to look for new technological solutions to structural problems in the healthcare system.

    Another emerging trend is the use of cannabis to develop medicines and foods with potential therapeutic effects. For many years, this was a controversial component, but as medicine evolved, more companies have ventured into the cannabis world to discover its many uses in the treatment of diseases. As research advances and public attitudes change, laws and regulations may adapt to reflect new scientific evidence and public demands. As a result, stakeholders in the pharmaceutical and food industries must stay informed of specific regulatory requirements and developments in their respective jurisdictions, to ensure compliance and safety when dealing with cannabis-based products.

    Lastly, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the field of life sciences and healthcare?

    Alongside academic learning, practical experience is invaluable. I would encourage them to seek out internships or work opportunities, especially with law firms or in government agencies, or in organizations that specialize in the life sciences and healthcare sector. This experience will allow them to apply their legal knowledge to real-world situations, develop practical skills, and gain important insights into the industry.

    In the ever-evolving field of life sciences and healthcare law, it is critical to keep up with industry developments, legislative changes, and significant court rulings. Subscribing to relevant publications; attending conferences, seminars, and webinars; and joining professional associations or networks on healthcare and life sciences are some of the best ways to keep up with recent developments. 

    It is also helpful to develop a broad skill set and understanding of related areas, such as corporate law or intellectual property. This will enhance their expertise and ensure that they can provide a multidisciplinary approach when assessing a client. 

    Finally, I would tell them to not underestimate the power of genuine interest and passion. Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts. Stay curious, continue learning, and adapt to new developments. By demonstrating your commitment to clients’ needs, you’ll contribute to a fulfilling and successful career.

    Get in touch with Martín Mosteirin-

  • There is no amount of words for the feeling of being able to satisfy your client’s business needs and having your client shower you with praises-Rushmina Murtuza, UK Qualified Barrister & Multi-Jurisdictional Contract Specialist Lawyer

    There is no amount of words for the feeling of being able to satisfy your client’s business needs and having your client shower you with praises-Rushmina Murtuza, UK Qualified Barrister & Multi-Jurisdictional Contract Specialist Lawyer

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

    Can you tell us about your journey in the legal services industry and how you ended up specializing in Tech, Internet, Software, and Contract Law?

    My legal journey started in a boutique law firm, which specialised in a variety of areas of law, including civil, criminal, commercial, property and corporate law. I would spend my time as an intern focusing on obtaining the maximum exposure I could in these afore-mentioned areas of the law, to provide me with not only general legal knowledge but to afford me with the ability to ascertain the branch of law I would later specialise in. Many long hours were spent in front of the photocopy machine during this stage. I soon graduated as an intern to overseeing the commercial and civil departments of this boutique law firm.

    Shortly afterwards, I was afforded the opportunity to move on to mainly in-house counsel roles where I was responsible for heading up the legal department and attending to all corporate matters for a start-up business institute company in South Africa.

    Thereafter, I moved to join the commercial department of an international company based in the U.K., as a Senior Associate. This company specialized in outsourcing legal services to both top-tier law firms and tech savvy businesses around the world. My passion for technology, internet, software and contract law was born during this stage of my legal experiences, where I was working with front runners of the tech industry and their legal needs on a daily basis.  

    Subsequently I was headhunted by a European-based company, with worldwide offices, to join their team as their Head of Legal. This position afforded me with the opportunity to work and grow with a start-up company, where I was responsible not only for the legal aspects a company faces from day-to-day but also the operations, marketing and business performance of the company. This gave me a full house experience of all the operational aspects within a company. However, I soon craved to get back to technology and contract law. It was then that I decided to venture forward to become a freelance legal counsel working with companies across sectors, whilst focusing in the area of business and legal consulting on technological related transactions, outsourcing agreements and covering the full spectrum of commercial and business law related issues.

    As a U.K. qualified Barrister and Multi-Jurisdictional Lawyer, you have worked with clients across local and international borders. How has this diverse experience shaped your perspective on legal issues and cross-border transactions?

    I have found that as businesses continue to grow and open offices in multiple locations, to meet the demands of the evolving global marketplace, clients are keen to obtain trusted legal counsel who are able to understand their business needs and provide specialist advice not only on the local laws of the countries in which the client is based, but also in other jurisdictions. This allows the companies to grow holistically, in that legal counsel is able to support and negotiate on behalf of the company with parties in multiple countries that typically have varying, and sometimes conflicting, legal and regulatory environments. Cross border transactions are often complex and challenging, as you are faced with cultural differences that may impact business negotiations, language barriers, and conflicting laws which can sometimes impede the legal process. However, what is key is to always come from a place of patience, respectfulness, and have open communication.   

    You have extensive experience in reviewing and drafting various types of contracts in the tech industry, including Software Licensing, SaaS, PaaS, IoT, and AI-related contracts. Could you share some insights into the unique challenges and considerations when dealing with these types of agreements?

    The main challenges of drafting and reviewing tech/software/internet related contracts is to ensure that you have understood the client’s business and have obtained the maximum information from the client. As I draft bespoke contracts for my clients, I find it imperative that I understand my client’s business model, needs and concerns before putting pen to paper. This sometimes involves numerous rounds of Q&A. But sticking to the process, no matter how tedious it can sometimes be, ensures that I am able to minimize my client’s potential risks and provide suitable advice and recommendations.

    Contracts are the focus point for many business transactions as they document the relationship, services, products and rights of each of the parties involved. As such, a well drafted contract should always aim to be unambiguous and clear so that it may be understood by a layperson, as well as not being open to judicial interpretation which may not be favourable to the client. Poorly drafted contracts pave the way for possible disputes between the parties when the interpretation of the terms of the contract and intention of the parties are questioned. Contracts should be seen as an asset for the client, protecting the client and other party’s rights, while making them feel safe and understood, so that the client is able to concentrate on important business matters.  

    Internet Law is another area of expertise for you, encompassing website terms and conditions, privacy policies, and contracts related to web-based and mobile applications. How do you navigate the evolving landscape of internet regulations and ensure compliance for your clients?

    The best way to stay abreast of ever-changing regulations is to read continuously. I find that subscribing to legal journals and newsletters, which drop updates in to your mail box frequently are a great way of keeping up to date. Also, speaking with fellow colleagues in the same industry is always an added bonus. I am a firm believer that knowledge should be shared to allow us all to grow and evolve.

    It is important to note that bar councils and other legal authorities are also available to provide guidance and practice notes to assist lawyers in remaining compliant with their legal duties towards their clients, as legal professionals.

    In your role as a Head of Legal, you were responsible for setting up business operations, developing marketing strategies, and managing a team in a global organization. What were some of the key challenges you faced in this position, and how did you overcome them?

    I have always loved practicing law, so whilst embarking on this journey as Head of Legal, I attempted to enjoy each step and to meet any challenges head on. I would say that the most challenging was the constant travelling and the long working hours. It was sometimes difficult to remain motivated when you are working 7 days a week for a minimum of 12 hours. I also had a young family at this time, and sharing my time with them was equally (if not more) important and required great discipline and time management on my part. It is always imperative, as lawyers and legal professionals that we keep in mind what matters in this world, so that you are able to strive for personal development in your career whilst also making memories with those that are close to you. Striking this balance is not always easy, but the rewards are innumerable!

    During your tenure as a Director of Legal Affairs, you focused on corporate administration, contract review, and training programs. Could you elaborate on your experience in developing comprehensive training programs on legal and business-related principles?

    While I was working with this company as the Director of Legal Affairs, the company developed a new branch of their business which aimed at educating both high school graduates and well-seasoned business people on various aspects of business administration and management in the hospitality industry. It was at this time that I was approached, by the company and a recognized university, to work together to develop and offer a training module for their Management Development Programme, focusing on the laws that a business owner would need to successfully run a company. This was a 12 week intensive program, accompanied by assessments to gauge the students understanding of the information being taught. It was a highly rewarding experience which gave me new found respect for teaching professionals, as well as great pride in playing a small part in sharing knowledge with others.

    I subsequently also upskilled myself and became a registered facilitator and moderator for certificate-level training courses.

    You have published several articles on topics such as outsourcing technology services, virtual merger agreements, and executing legal agreements through innovative methods like WhatsApp. What drives you to share your knowledge through these publications, and how do you stay updated on the latest trends and developments in the legal field?

    I believe that knowledge is not something we should keep hidden. Knowledge shared means that we all grow, and as a result we better ourselves but also our environment. Engaging in educational pedagogy sharing is great for building rapport and relationships, makes us become stronger as professionals, and within the workplace, it supports growth and innovation amongst all team members.

    As provided earlier, I stay abreast of the latest trends and developments in the legal field, not only through subscribing to relevant journals/newsletters, but also communicating with my peers, discussing legal cases with them, and developing a thirst to become the best version of myself so that I am able to provide my clients with a high-quality service.

    With your wealth of experience, what advice would you give to fresh law graduates who are considering a career in the legal services industry? What skills and qualities should they focus on developing to succeed in today’s legal landscape?

    To those of you, who have just completed your law studies, I would say that you should concentrate on establishing your passion, put your head down and work hard, absorb as much knowledge (both printed and practical) as you possibly can, remain humble and true to yourself, and always aim to provide an exemplary service to your clients.

    To succeed I would say the qualities you should focus on is to remain authentic, be positive, work hard and be determined and diligent. In terms of skills, the sky is the limit. Choose what you have a passion for, and immerse yourself so that you become an expert whilst always increasing your knowledge either through taking courses, speaking with fellow peers, or reading.

    Throughout your career, you have worked with start-ups, established companies, and individuals. What have been some of the most rewarding aspects of providing legal counsel to these different types of clients?

    The best reward is ALWAYS a happy client. There is no amount of words for the feeling of being able to satisfy your client’s business needs and having your client shower you with praises. Also, having clients from various sectors, and at different stages of their business or personal journey is a learning curve. Each lesson learnt makes for a stronger lawyer when the next client comes along. Each type of client brings their own set of challenges, which as legal professionals we must overcome. The best advice I can give is to take things slow and move one step at a time. Do not rush in too fast. The time taken at the initial meeting with the client is a significant step in ensuring the success of the job and a happy client.

    As the legal landscape continues to evolve, what emerging trends or challenges do you foresee in the areas of Tech, Internet, Software, and Contract Law? How do you anticipate these changes will impact legal professionals and their clients?

    The areas of technology, internet, software and contract law are ever evolving areas especially as we live in a technologically advanced era where change is inevitable. I foresee that these areas will continue to grow and expand, especially as more businesses venture for a global presence. This growth and development will no doubt challenge current legislation which is more suited for traditional businesses. Thus, the legal industry will be forced to adapt so that current legislation meets these changes.

    To stay ahead of the game, legal professionals must keep themselves informed on legal and regulatory changes, but also familiarize themselves with the intricacies of their client’s business models, services/product offering, technology, and not taking a backseat, but becoming immersed and a champion of the client’s business is mandatory. Most important of all is setting the bar high and providing a QUALITY professional service at all times!

    Get in touch with

  • I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

    I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

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

    Sir, can you tell us a little about your background and how you first became interested in law?

    Coming from a legal background, it was my natural instinct to get attracted to the legal profession and follow in the footsteps paved by my father and grandfather. I still remember my school days when my father used to take me to the court and let me watch the proceedings even though I never understood what transpired there. But it was still a thrilling experience for me to watch live actions in the courtroom which was entirely different from what was shown in movies. From my younger times, I was fascinated by the amazing world of law and had a strong determination to become a lawyer. Though my dream was to become a barrister I ended up being an advocate.

    What inspired you to specialize in maritime and shipping law specifically?

    During my initial days in the profession as a junior advocate, I had occasions to deal with matters relating to maritime and shipping law, including cargo claims and ship detention. But I never had a sound knowledge of this subject. The legal profession being a knowledge-based industry, I felt that it was necessary for anyone aspiring to specialise in any branch of law to acquire considerable knowledge on the subject. Shipping being an international branch of law it was all the more necessary to be familiar with International conventions which govern the field. India being a maritime nation and government promoting port sector and allied infrastructure development it is just a matter of time that maritime activities will flourish and as a consequence commercial disputes could emerge. That apart, only very few firms in India handle maritime disputes on an exclusive basis.  It was in this background that I felt the need to set up a boutique firm handling maritime-related issues. 

    Can you walk us through some of the most interesting cases you’ve worked on throughout your career?

    Shipping-related issues are always interesting considering the element of adventure involved in maritime. During ancient days, the shipping industry was considered suitable for those who are bold and brave and ready to face the perils of the sea. I had occasions to conduct maritime cases on a pan india basis involving huge stakes and also cases relating to piracy, salvage and general average which are not very common in India. One such case which went all the way to Supreme Court was related to the detention and arrest of crew onboard a foreign flag vessel suspecting possession of arms onboard. In fact, the vessel was involved in anti-piracy operations and as part of its engagement to provide security for merchant vessels transiting through high-risk areas, it used to deploy armed guards. On the premise that possession of arms without license is illegal under the Arms Act in India, the entire crew onboard the vessel was arrested most of whom are foreign nationals. The crew were forced to remain in India for a few years until the court set them free of all allegations. I also had occasion to appear before foreign seated arbitral tribunals in disputes relating to Charter party, new constructions, salvage etc. I was also fortunate to be nominated as  arbitrator under LMAA terms on a couple of occasions.

    You’ve spoken at numerous international events and served as a faculty member at several universities. What motivates you to pursue these opportunities outside of your practice?

    I always believe that if sharing your experiences and knowledge even if in a small way could benefit others then that is the best way to reciprocate what the legal industry has given you. That apart, interacting with people from different parts of the world will give us new ideas and also provide with new opportunities, for further advancement of career. It is often said that being a lawyer, you are part of a learning process almost every day and therefore through knowledge sharing sessions you also gain valuable insights into new developments in the field of law. 

    Can you share any particular challenges or obstacles you faced while building your law firm, UMLC?

    Though we were able to develop shipping practise within India in considerably short period of time, it was not an easy task to make the presence of the firm felt in the international arena. However, with constant efforts including attending international conferences and building a global network especially in key jurisdictions the firm was able to get over the initial struggles during the formative stage. When foreign firms are able to publicise their core strengths and achievements through advertisements and websites, we still have restrictions to follow the same in India. Thus atleast in maritime sector it doesn’t provide a level playing field thus putting Indian firms to much disadvantage. Having said that I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and  professional standards in the chosen field. 

    What do you think sets UMLC apart from other law firms specializing in admiralty law?

    Apart from regular cargo claims and ship arrests, our core area of specialisation lies in charter party disputes which eventually lead to maritime arbitrations seated in foreign jurisdictions. Doing LLM in maritime law from Southampton University has indeed helped me in connecting with key people in the industry especially those working in clubs and shipping law firms abroad. This has tremendously helped us in handling legal matters in India as well as in foreign jurisdictions with lot of ease and comfort.

    As someone who has been in the legal field for over 25 years, what advice would you offer to recent law graduates who are just starting out?

    The only advice I could give to young potential lawyers is that there are no shortcuts to success and the only way to achieve the same is through hard work, dedication and perseverance. One should never compromise on ethics and must follow the best practices in the industry. Take up every opportunity you get as a learning experience and never stop learning. 

    Get in touch with Hari Narayan –

  • One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre

    One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre

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

    To start our conversation on a lighter note, we would like to know why did you choose to be a lawyer?

    From a young age, I was drawn to the idea of a profession that would allow me to serve others while also growing and developing as a person. As I progressed through my higher education, it became clear to me that law was the ideal field to achieve these goals. I would say, one of the most rewarding aspects of being a lawyer is the continual learning that comes with the job. Every day presents new challenges and opportunities to expand one’s knowledge and skills. Whether I’m studying a complex legal issue or working on a case, I am constantly pushed to think critically. That feeling of being pushed to think critically and the feeling of ‘rush’ that comes along with it is what gets me stoked to be a lawyer. In addition, being a lawyer also provides me with a sense of purpose and fulfilment. By using my legal expertise to assist clients and advocate for justice, I can make a positive impact on society. Whether I’m working on a high-stakes commercial matter or representing an individual, I am driven by the knowledge that my work is making a meaningful difference in the lives of others. Ultimately, my passion for the field of law stems from the fact that it allows me to combine my desire to learn and grow with my commitment to serving others. It is a challenging and demanding field, but I believe that the rewards of being a lawyer far outweigh the challenges.

    We understand that you have so many distinguished accolades attached to your name, especially in the field of arbitration. Please tell our audience about your illustrious career as an arbitrator.

    My passion for arbitration as a career was ignited during my tenure as an assistant to retired Hon’ble Justice M.S. Rane. Witnessing the transformative power of arbitration in resolving disputes sparked a deep interest within me, and I knew that this was the field that I wanted to pursue. My interest in arbitration only grew as I pursued my LL.M. from the prestigious Queen Mary, University of London, UK, where I studied Oral and Written Advocacy in Arbitration as well as International Commercial Arbitration law. This formal education not only sharpened my skills but also gave me a broader perspective on the field.

    Since 2004, I have had the privilege of working in the field of Arbitration in a wide range of disputes, including complex commercial disputes, construction disputes, intellectual property disputes,  technology law, Aviation law, Maritime disputes, etc. My expertise in the field has been recognized through various accolades and appointments. In the last 8 years, I have had also the privilege of serving as an independent Arbitrator and I am presently empanelled with more than 26 institutes as an Arbitrator in Asia, the UK, and the Middle East.  In addition, I am also actively involved in promoting the field of arbitration and advocating for its benefits as a dispute resolution mechanism. I have been invited to speak at various conferences and seminars on the topic. I am proud to have been working in this field and am eager to continue making a positive impact through the transformative power of arbitration.

    Being in the Arbitration profession since 2004, what were some of the defining moments?

    In my career, I have had many defining moments that have shaped my professional journey in the field of Arbitration. From representing noteworthy real estate developers and high net-worth individuals to businesses and entrepreneurs from diverse sectors of the business community, I have had the privilege of working with some of the best lawyers in the field. However, one particular case stands out as a truly fascinating experience.

    I had the opportunity to work on a case that involved a manufacturing defect in an Aircraft and the failure of the landing gear in a new Aircraft. This case not only challenged me as a lawyer, but also allowed me to push myself to the limits of my knowledge and expertise in dealing with Arbitration cases and ICC Rules. It required me to think outside the box, exercise creative problem-solving skills, and work collaboratively with a team of experts to achieve a favourable outcome for my client.

    It was a defining moment in my career, as it taught me the importance of perseverance, adaptability, and strategic thinking. This experience helped me grow both as a lawyer and as an Arbitrator, and I am grateful for the lessons learned.

    Overall, my journey has been filled with many defining moments, each one contributing to my growth and development in unique ways. I look forward to continuing this journey, embracing new challenges, and striving for excellence in everything that I do.

    Since Arbitration is a growing field in our country, what is the major difference in other jurisdictions/countries compared to India? How do you look at the potential in this field for law practitioners in India?

    Arbitration has become increasingly popular in resolving disputes in India, as well as in other jurisdictions/countries. In fact, the Bar Council of India opening up avenues for foreign law firms in India and allowing Foreign lawyers to appear for their clients in International Commercial Arbitration will definitely allow India to be one of the hubs of International Commercial Arbitration.

    However, there are some notable differences between the practice of arbitration in India and other countries. One major difference I would like to point is the level of institutional support for arbitration. In some countries, such as UK, France, Switzerland, Singapore and Hong Kong, there are well-established institutions that provide administrative support and expertise in arbitration. These institutions have established rules and procedures for resolving disputes, which can make the process more efficient and reliable. Another difference is the extent to which the courts are involved in arbitration proceedings. In some countries, such as the UK and Singapore, the courts are heavily involved in the arbitration process and can play a significant role in enforcing arbitration awards.

    In terms of potential for law practitioners in India, the growing field of arbitration presents a significant opportunity. As businesses in India increasingly seek to resolve disputes through alternative means, there is a growing demand for legal professionals with expertise in arbitration. This can include both lawyers who specialize in dispute resolution as well as those who have experience in related areas such as international trade and investment. Overall, the potential for law practitioners in India in the field of arbitration is significant. However, it is important for practitioners to stay up-to-date with developments in this area and to develop the necessary expertise and skills to succeed in this growing field.

    As you are pursuing a PhD, how do you manage your workload and maintain a balance between your academic responsibilities, work, and life?

    Balancing work, education, and personal life can be a challenging task, but it is essential to ensure that I am productive, efficient, and not compromising on my personal life. To balance these three aspects, I follow a few key strategies: First, I plan and prioritize my tasks by making a to-do list and scheduling my day accordingly. This helps me stay organized and ensures that I am making the most of my time. Second, I set realistic goals for myself, both short-term and long-term, and try to achieve them. This helps me stay motivated and focused on what I want to achieve. Third, I manage my time effectively by avoiding procrastination, limiting distractions, and making the most of my productive hours. I take short breaks in between work or study sessions to refresh my mind and avoid burnout. Fourth, I seek support from family, friends, or colleagues if needed to ease the workload and reduce stress. Finally, I maintain a healthy work-life balance by making time for myself, spending quality time with family and friends, exercising regularly, and pursuing hobbies that help me relax and rejuvenate, for e.g. picking up a sport like Tennis helped a lot. Overall, finding the right balance between work, education, and personal life is essential to avoid stress and burnout. By following these strategies, I am able to balance these three aspects and achieve my goals while also taking care of my personal life.

    To wrap this conversation up, what advice would you give to legal professionals in their initial years?

    To all young lawyers, I would like to emphasize the importance of merit and perseverance in achieving success. While it is true that smart work is crucial in today’s fast-paced world, however, it cannot be a substitute for hard work and effort. It is essential to put in the effort to maximize your potential and achieve your goals. For instance, if you aspire to practice in the field of Arbitration, you must dive deep into the legal and business aspects of the field. You cannot simply skim the surface; you must understand all the consequences and have the ability to listen fairly and impartially to a dispute before issuing a legally binding award. This level of expertise comes with experience, and gaining that experience requires hard work and dedication. So, my message to all young lawyers is this: strive for excellence and put in the necessary effort to achieve your goals. With perseverance, dedication, and a commitment to constantly improve, you can achieve great things in your career and beyond.

    Get in touch with Ish Jain-

  • The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record

    The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record

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

    To start the conversation, please tell us what motivated you to pursue law as
    a career.


    Well, initially I was never inclined towards the practice of law, and rather was more interested to work in companies and become an In-House practitioner. Being a 3rd Generation legal professional, I knew the battle ahead to stay in the game. Plus I was [still am] an athlete and played a lot of professional matches, so time had to be matched equally between career and sports.
    Kolkata is where I was born and raised, hence, arguing and negotiating came quite naturally to me, much like all legal professionals from the city. Quite early on I was introduced to the world of litigation, policy brutalities, burgeoning stress of drafting, long hours of excruciating patience, hopping Court to Court, etc. as I used to accompany my mother and grand-father, who were a noted law practitioners in Kolkata.
    I would say that the experience was there [and it was surreal], which is fundamentally why I wanted to avoid it!
    However, with my abrupt migration to Mumbai in the year 2013, I swept my entire time and energy into commercial litigation and thereon, I never really
    looked back, so really the motivation never came early on, but rather stuck with me as I started litigation in Mumbai.

    Sir, you have completed a decade of practice in law. Has the profession given you what you expected out of it?


    Yes, indeed so. I have completed my graduation in the year 2012, then passing the AIBE in the year 2013, so it’s been more than a decade into the field.
    It has made me to travel across the country, representing disputes in their strangest and malignant forms, meeting a diverse group of people, charter me into international disputes and place me as an International Arbitrator and so much more.
    I never expected to have so much exposure to disputes when I was merely an angry young student of law, deeply involved in politics, sports and students’ movement in Kolkata.
    Quite candidly, I never wanted to be so involved too! The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things.

    Our readers would like to know about your areas of practice and your interests over the last 10 years of law practice.


    I come from a generation of lawyers, politicians, and bureaucrats, so criminal law came quite naturally to me as I was fairly accustomed to the nuances of investigation and arrests.
    However, I started off with Winding Up matters under the Companies Act, 1956 [now repealed] and similar commercial disputes. Arbitration sounded
    fancy at the time and gave my hand on couple of ADR matters initially.
    But since being in the chambers of my Senior, who is a full practice litigation professional, it got me experienced in a host of matters, ranging from
    Municipality disputes, cheque dishonour, Suits, complaints, divorce, testamentary and what not!
    Being involved in so many types of litigation opened a Pandoras Box for me, unleashing the opportunity to at least master the practice and procedure [if not the law].
    Over time, I got involved in various other types of matters, involving labour disputes, cyber-crime, bails and trials, Penal sections, Admiralty, IPR, NCLT
    and IBC, etc. making me go places and expose myself to a varied gravy of matters.
    I keep one thing in mind, the basics of dispute is always the same and the principles to resolve any dispute is never complicated. Its more logic and
    reasoned.

    What is a Career in Alternative Dispute Resolution like, especially from an
    international perspective?


    ADR is the future. The facts speak for themselves. There is an indiscriminatory rise in litigation before various Courts and this
    exponential rise in matters, casts an unbearable burden on not only the Judges, but the Advocates, Prosecutors, Pleaders, clerks and the entire system along with it.
    We all have knowledge of ADR in Matrimonial disputes, and further it being
    introduced in the form of ‘Compulsory Mediation’ in Commercial Matters, however, if understood smartly, ADR can be used the same way as litigation, which is commonly used by almost all International Institutions as an effective method to conclude the disputes, by arriving at amicable settlements and charging for the same at pre-determined rates.
    The additional skill sets which will be needed are the necessary tools for effective research, razor sharp strategy and persuasive negotiation skills to effectively resolve disputes.
    I have clients wanting to end disputes, not win a matter for it to be overturned in Appeal, so I suppose ADR is the way forward and now with the extensive advent of technology, practice has never been more convenient and organized.

    Could you please tell us about the personal and professional challenges you
    encountered over the years, up until you established your own firm and
    thereafter?


    Well, it has always been pretty much hard work and putting in the hours of work towards it.
    I have always focused on positives and rarely been idle till date. I have constantly been on the move, shifting focuses and building experiences around disputes and people.
    There have been insurmountable challenges that I have faced along the way, but we always move forth, right? We all do. Professionally, I have worked with Counsels, Advocates and in a noted law firm, and from every such entities, I have developed various skills. Skills in people management, little bit psychology, legal strategy, learning the procedures, knowing more laws, defining my own argument style, knowing when to shut up and sit [or walk away], as I always preach everyone, law is common and everyone is expected to know, what matters is how to interpret it and to whom the same is being interpreted to. One must definitely know how to read the mind of another individual and be aware of the basics of psychology.
    Once I was convinced that I could finally walk on my own, I took the leap, almost impromptu and here I am, better by the day.

    How do You see the development of Alternate Dispute Resolution methods over the coming years?


    I foresee a complete overhaul of the existing system to place litigation in a symbiotic relationship with technology and a consequent yet systematic development of the entire ADR regime.
    Legal professionals will be more adapted to resolve disputes, either through Courts, which mandates the compulsory ADR process, via ADR Institutions or by Advocates engaging with the disputing parties to mediate and negotiate the disputes.
    In my years of experience, it is only recently that I have come across parties that are mediating and settling disputes, only through effective negotiations, at the final hearing stages, thus saving enormous stress on the entire system and its [breaking] parts!
    Final Resolution of disputes would mean an end to the dispute and by the look of it, who would not want to develop it? So as I see it, ADR will play a prominent role in the adjudication of disputes of all nature, without exceptions.

    There are many certifications, like the one given by CIArb (Chartered Institute of Arbitrators) to take up Arbitration as a career. Do you think taking such certifications helps along with practice?


    Education and being educated, are very different. For example, no one teaches you litigation, but you get educated along the way and educate yourself about the nuances of litigation and its practice.
    Similarly, you need to have life experiences to effectively negotiate and mediate. The purpose of any course is to have the empirical knowledge and discuss established principles, which is to be borne in mind when eventually resolving disputes.
    While I believe that by undergoing certification courses [an uncountable number done myself!] definitely aids you, it very important to have a sense of direction in what ones to do, else the certifications shall be only used to cover office walls.
    Think deep, in our profession, life experiences take the first preference. Then the education.
    ADR Institutions are having internationally acclaimed Trainers and Professors, hence, you will get first-hand experience in international disputes and scenarios. So yes, it will definitely help in some way.

    Lastly, what would be your advice for the fresh law graduates who are
    looking forward to opt for ADR?


    Put in the long hours. Dedicate yourself to a routine. Read the laws. Go to the roots of the laws on ADR and get enrolled with ADR Institutions and Advocates practicing ADR to have first-hand knowledge and being conceived with the nuances of practice and procedure.
    But be advised, ADR will outgrow and creep into all litigation domains, so it is very important and wise to practice all domains of law, keeping ADR as its base.
    Lastly, you break the walls down and you keep creating standards!

    Get in touch with Rajdeep Lahiri

  • “I believe the legal industry is rapidly moving towards specialisation”- Abhishek Dadoo, Partner, Khaitan & co.

    “I believe the legal industry is rapidly moving towards specialisation”- Abhishek Dadoo, Partner, Khaitan & co.

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

    What inspired you to pursue a career in corporate law?

    It was the money. On a more serious note, I was quite lost as a law student on my preferred career stream. My best learnings (and finally my decision) was based on my internship experiences. I liked participating in moot court competitions and learnt a lot during my supreme court internship – but I enjoyed my corporate law internships a lot more. To me, the nature of work (in corporate law) was very interesting and I ultimately decided to pursue the path I enjoyed more.

    Can you tell us about your specialized practice area of Public M&A?

    Public M&A is a practice area focused on listed company transactions. I typically advise financial sponsors and strategic investors in navigating through a complex web of Indian securities laws (such as the insider trading regulations, takeover regulations, etc) which are triggered while dealing in shares of listed companies.

    Public M&A requires expert knowledge and experience about the interplay between various stages of the deal – for instance, a control deal of a listed company generally triggers a mandatory tender offer, requiring the contracting parties to upfront factor various possible outcomes on account of unpredictable public tendering. While most deals are friendly / negotiated, the listed space occasionally witnesses hostile takeover bids and this has been a source of great offensive and defensive learning in acquisition strategy.

    What have been some of your most interesting matters thus far, if you can just share a glimpse of them?

    I have been fortunate to advice on various interesting Public M&A matters, including financial and strategic investments, and hostile takeovers of listed companies. While each Public M&A deal is unique and carries its own set of challenges, some of the matters on which I learnt a lot include: (i) Reliance Group’s acquisition of controlling interest in Justdial, (ii) Sale of Majesco (a NASDAQ listed subsidiary) of Majesco Limited (an Indian listed company), followed by distribution of sale proceeds through dividend and buyback by the listed company, (iii) acquisition of controlling interest in Tide Water Oil Limited (a government owned company), (iv) the attempted delisting and voluntary open offer of Vedanta Limited, (v) an unsuccessful bid for the acquisition of controlling interest in Ambuja Cement / ACC, and (vi) litigation on shareholder rights in Zee Entertainment.

    What challenges have you faced in this field so far and to what extent you acknowledge the role of mentors?

    I have been extremely fortunate to receive mentorship and guidance from some wonderful people. In particular, I have looked up to and learnt immensely while working with Late Mr. S. H. Bhojani, Mr. Cyril Shroff, Mr. Nihar Mody, Mr. Haigreve Khaitan, Mr. Sudhir Bassi, Mr. Arindam Ghosh and Mr. Aakash Choubey. Each one of them has been an incredible mentor and teacher. True masters of their craft, they have all inspired me in more ways than one, and I have sought (and received) their valuable guidance on various aspects of life.

    How has the legal landscape in this field changed over the years?

    I believe the legal industry is rapidly moving towards specialisation. Clients look for efficient delivery of service at reasonable costs – the HQHF (High Quality Honest Fee) model – this is best achieved by utilizing expert or specialised resources to deliver optimal output. For instance, a focused Public M&A team, having already navigated various nuances and complications of listed company deals, is far better equipped to structure, execute and complete a transaction in a time (and therefore cost) efficient manner. A legal advisor’s role has substantially evolved over time – a legal advisor can no longer choose to be myopic about the specific legal issue she / he is advising on. Instead, it is generally expected that legal advisors look out for the overall commercial (and not just legal) interest of their clients. This is the role of a ‘trusted advisor’, who thinks above and beyond her / his call of duty, all to protect the interests of her / his client.

    What strategies do you use to ensure successful negotiations?

    An M&A lawyer broadly requires three essential skills – let us coin it the LDC matrix. The first, knowing the law (that is a no brainer and probably the easiest one to master). The second, understanding the deal – this is a bit more complex – to effectively guide a client, the lawyer must assess not only whether the intended transaction is legally viable but also guide his client on whether the deal conforms to the client’s values and long and short-term commercial vision. The third, create a spirit of collaboration – M&A negotiation by its nature can be adversarial – but it is important to remember that it is the beginning of a new relationship. The most successful deals are where both parties walk away winners.

    I have forged strong professional and personal relationships with the counter party and its counsel during negotiations – and that bond has only helped smoothen out future deals we have done together.

    How do you stay abreast of the latest developments in the industry?

    There is no short cut to keeping up with the latest developments –  the only option is to put in the hours and read. One approach which I try to adopt is writing articles about new and interesting developments in the Public M&A space. This ensures that I read and learn about the topic, and at the same time I am able to share my knowledge with others. Needless to say, I am indebted to my co-authors for the articles (typically, they put in a lot more work than I do). Another approach we follow (as a Public M&A team) is to regularly brainstorm on new developments and trends in this space – it helps spread the knowledge / experience of one to the entire team – and we are all the smarter for it.

    What advice would you give to someone just starting out in this field?

    Be curious and work hard. Ask lots of questions. Looking back to my internship days, I used to ask way too many questions (partly because I was curious and party because I wasn’t smart enough to figure a lot of things by myself). And trust me, it is appreciated that you are interested and are willing to learn. Do not be afraid to make mistakes, it is a part of your development. We make mistakes even today. Simply put, the more mistakes you make, the more you learn.

    What do you find most rewarding about your work?

    I really enjoy my work and admire the people I work with. I believe those are the two most important elements of a rewarding career.  

    Please tell us how you create a work-life balance?

    There is (unfortunately) no magic formula to work-life balance. A career in corporate law is certainly demanding – but there are ways to find balance. Some phases are tough, and others are light. Idea is to work hard when deals demand it and dial down when things are light. In general, team work plays an important part in finding balance – I sincerely believe there is nothing a well-coordinated team cannot achieve – including supporting each other and achieving work life balance.   

    Any parting thoughts you would like to share with our young readers?

    I say this often – knowledge and experience are both privileges – when you can, always pay it forward. Use every opportunity you get to teach, educate, write about your learnings and help spread your knowledge to benefit those who might have use for it. This is bound to help create a better and smarter ecosystem and community of lawyers.

    Get in touch with Abhishek Dadoo-

  • “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

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

    Ma’am, as a conversation starter, our audience would like to know about your story of being a Lawyer.

    I didn’t start off wanting to be a lawyer. I took up commerce after Grade 12 and completed my graduation. I enjoyed accounting but I didn’t really see myself doing numbers. It was a very critical time of my career and I starting thinking what to do next – MBA or law or something else. I don’t have lawyers in my family so it was not an obvious choice for me. But I thought law college would be academically challenging and interesting. It really wasn’t until I joined Government Law College and started my articleship with Ms. Kalapana Merchant at a solicitor firm that I thought I would like the pace of law.  One of the things that I liked about my articleship was that it gave me a flavour of different streams of law i.e. corporate, intellectual property, real estate and financing . After graduating from law college and qualifying as a solicitor, I decided to focus on corporate law as it excited me the most. I have worked as a lawyer for about 15 years. Currently, I am a partner at Quillon Partners, a law firm which focuses on M&A and private equity.

    Being into the legal profession, you must have heard things like “real-estate is not for women”, what are your views upon this?

    While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field. Fundamental changes introduced in the real estate laws by the Real Estate (Regulation and Development) Act, 2016 have led to greater transparency in the real estate sector and women lawyers no longer shy away from entering this sector.  

    Could you tell us about your struggles as a woman lawyer?

    There was a time when I wanted to focus on my family. I like to try different things – so I took up knowledge management (KM), business development and human resource which are very different and interesting roles. While knowledge management was nascent in 2011, law firms had started giving KM importance with several laws undergoing changes e.g. the Companies Act was completely revamped in 2013. During this time I also got an insight into Business Development.  Often different roles, help you to draw from one to the other. While I did KM, the corporate experience I had helped me and then when I went back to doing corporate law – the KM and Business Development experience helped me immensely. I still continue to be involved with the KM, BD and HR functions of the firm.   

    We see a lot more women lawyers now. However, as one progresses up the ladder of seniority, the scales start to tip with a decrease in the number of law firm partners being women. This landscape is starting to shift and many Indian law firms like international law firms are now working consciously towards inclusiveness and gender diversity. Personally, I have had very supportive seniors at Quillon Partners and they have been very encouraging. 

    Please shed some light upon your role as an M&A Lawyer.

    The role of an M&A lawyer varies from transaction to transaction depending on the kind of the transaction and who you are representing (e.g. buyer, seller, company). M&A lawyers have a versatile and extensive role throughout the transaction. All the legal mechanics of a transaction, including negotiating and drafting agreements to reflect a commercial deal, arranging finance and liaising with the client and their other advisors. Typically, in most transactions, it involves advising, planning, structuring, due diligence, drafting of the transaction documents, negotiations, obtaining regulatory approvals and finally closing of the transaction.  

    How do you see the M&A sector in the coming 5 years?

    Globally there was a dip on the deal street in 2022 due to several factors, including war and inflation. India seems very attractive to many global firms post Covid with investments in China taking a back seat. Mergers and acquisitions in India are expected to increase in 2023. The deal market is expected to be active in several sectors such are pharmaceutical, technology, infrastructure and healthcare. Therefore in-bound M&A investments are likely to increase. Out-bound foreign investments are also on a rise with the recent changes to the regulatory framework. India is expected to be a very attractive investment destination given the benefits of demographics, cost arbitrage, presence of large consumer market and democratic stability.

    Coming towards the end of the conversation, could you tell us three qualities which an M&A Lawyer must possess?

    Constant thirst for knowledge– legal technical knowledge is important but learning can’t stop with formal education. We have opportunities to learn new things in just about everything we do and from everyone we meet. It could be learning from a past deal, keeping oneself abreast with new laws, adapting to new technology, or learning people skills, it is a constant never-ending process.

    Being organised and structured – usually in most deals, time lines are tight and one needs to break the tasks and prioritize work streams in order to be able to service clients efficiently. Keeping an eye on the ball is key.

    Enjoy what you are doing – there are often personal sacrifices, sometimes long hours and only if you enjoy what you are doing, it’s worth it.

    Get in touch with Shriti Shah-

  • Adv. Lalit Suryavansi, Principal Associate at Khurana & Khurana, Advocates and IP Attorneys In Conversation With SuperLawyer On Dealing With IPR & New Opportunities In Legal Profession

    Adv. Lalit Suryavansi, Principal Associate at Khurana & Khurana, Advocates and IP Attorneys In Conversation With SuperLawyer On Dealing With IPR & New Opportunities In Legal Profession

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

    Being a science student, and then choosing law, what was the idea behind?

    Great Question. Though I am used to this question and answering this question every other day. Actually, this science and law cocktail was not planned. In fact, Law was something I never imagined I would be pursuing. I did my graduation and post-graduation in technological streams and happily started working as an Engineer. Barring a few things, I was satiate with my carrier.

    As destiny had other plans for me, one fine day, I felt something is not right about my job and the kind of work I was doing back then. I started looking for other options and got to know about Intellectual Property Rights and prior art searching. The domain looked different and exciting, so I decided to switch my path and get into Intellectual Property. So, this is how I get into Legal domain, and in this journey, I qualified the Patent Agent examination. Later, I felt like having formal qualification in law, which led me to pursue LL.B.

    Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?

    I’d rather start with initial anxieties. As I started my career as an RF engineer, and I was letting go my 3-4 years of job experience for something new called Intellectual Property, which, at that point in time, people thought to be some sort of real-estate business related endeavour, I had lot of disquiet in my mind, and I was in dilemma about the decision I was going to make.

    Plus, the baggage of what people would say if I failed. But my heart had already accepted it, so it pushed to me to make a bold decision and take that plunge, which I did, and I am elated to say that I made the right decision at that point.

    Of course, there were struggles, but I was very passionate about what I was doing and loved it so much that struggles never felt struggles, they felt like challenges, for which I was determined to go any lengths.

    What are the most important considerations to keep in mind when dealing with IPR and registering patent issues?

    Over the years, I have realized that inventors are mostly concerned about the outcome, i.e., the grant of a patent, not about the events that come along the way of patent grant. I have experienced that most inventors, if not all, are interested in getting their patent granted, and they are either ignorant about the very-very important milestones that starts with patent application filing and end with patent grant/refusal.

    Let me give you a little more perspective, I believe prior art searching to be the most important thing in the patent proceedings, but inventors hardly show any enthusiasm to get it done. And those who consider prior art searching, they fail to understand why a prior art search is done at all, how it can contribute in shaping his/her patent application. Similarly, patent application or claims drafting is merely considered to be the patent agent job. Of course, it is as you are paying him/her, but I’d like advise that please do not recklessly depend on your Patent Agent and be actively involved in the events/proceedings—-Afterall inventions are inventors’ child, not Agents’.

    My intention is to make the inventors more inquisitive and interactive so that they know what is actually being done by their patent attorney, how the attorney is giving shape to claims, application, arguments, etc.

    IPR and other corporate sectors are evolving like never before, would you like to throw some light on the same? And according to you Lalit, what exciting opportunities it can create for our young lawyers?

    With government initiatives such as “Make in India”, “Self-reliant India”, push for innovations, and programmes like “Start-up India”, protection of innovations is seen as a necessity to compete in the market. With this patenting activities has increased many folds, and patent filing in India is rising at an unprecedented rate.

    As per the Economic Survey 2021-22, the number of patents filed in India has gone up from 39,400 in 2010-11 to 58,502 in 2020-21 and the patents granted in India have gone up from 7,509 to 28,391 during the same time. With so many numbers of patent filings, Patent Prosecution is rising, so is the Patent Litigation. Therefore, one can easily infer the prospects for young professionals.

    Lalit, as per your experience in the legal field, how do you see the legal industry coming up with new concepts and creating exciting opportunities?

    With the constant push for digitization, arrival of faster telecommunication technologies like 4G/5G, invent of communication platforms such as Zoom, Teams, etc., alike every other domain, Legal industry is also witnessing rapid transformation.

    Everyone is now aware how virtual courts have started, how virtual hearings has transformed the way hearings were taken. If I specifically talk about the Indian Patent paradigm, Indian Patent Office (IPO) too has segued from offline system to online system. With conversion of physical hearings into into virtual-call-based hearings, paperless patent application filings, mandatory online filings for Patent Agents, and many other such initiatives, IPO has put in place a lot of new concepts/systems. So, newer opportunities are coming along, we just need the right approach and right temperament to grab said opportunities.

    • What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    For someone from a non-legal background, the toughest consideration would be the time window for success. To make a mark in this industry, one must possess the tenacity to climb every rung of the ladder that leads to the success. As they say, there is no shortcut to be successful—legal domain is no different or alien to this saying.

    • Lalit, what is a typical day like for you?

    Well, a typical day is typically typical for me. I get up around 6 AM. Do my daily chores by 8 AM and leave for office by 8.30 AM. Commute to office, reach there by 9.30 AM, and get lost in the pool of matters waiting my arrival. Leave office at 6.30 PM, reach home around 8.30 PM where my son and my daughter (twins) remain armoured to welcome me with the showers of anecdotes, complaints, happenings, and everything in between from their typical day.

    • Could you highlight some of your success habits that enable you to meet your goal?

    ‘Never say no attitude’ and ‘to remain grounded’ at all the times are some of the attributes which I think play pivotal roles in anybody’s success.

    Lastly, what advice would you give to someone starting out?

    Keep your mind, eyes, and ears open for anyone and everyone—you never know who might give you the piece of information that can change your life forever. One more thing, everything progresses at its own pace, so never feel frustrated/agitated if something is not happening at your whims/desires—time and destiny will certainly make it happen for you if you are honest and keen about it.

  • Jyotsna Jayaram, Partner (Technology, Media & Telecommunications) At Trilegal In a Quick Chat With SuperLawyer On Importance Of Unconventional Skills For a Lawyer

    Jyotsna Jayaram, Partner (Technology, Media & Telecommunications) At Trilegal In a Quick Chat With SuperLawyer On Importance Of Unconventional Skills For a Lawyer

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

    What inspired you to choose law as a career? How has been the decision so far?

    I have always been fascinated by the impact that words – verbal or written – can have and when I was in school I was always drawn to the law as a profession, particularly because of the command over language that it requires. Of course as with most children that age, I had romantic notions about becoming a criminal lawyer and being in the thick of high profile cases. However, as I prepared to join law school, I wanted to focus more on gaining a strong knowledge base of all laws before I decided on what to specialise in. I am glad I made the decision to become a lawyer and the constant learning continues to inspire me to become a better lawyer.  

    What were the challenges that you faced in the beginning of your career?

    The primary challenge was to secure a job. I was in the first batch of my law school and at that point we didn’t have established recruitment processes and most firms did not know us. We all had to work doubly hard towards getting our own internships and interviews and making a mark before we were considered for recruitment.

    Then came adapting to a work environment which was very new, highly competitive and incredibly fast paced. While law school helps build the foundation in terms of basic knowledge that is required to start off, a lot of what you need (even at the start of your career) is learned on the job.

    It was a challenge to switch out of a heavily theoretical and academic approach to a more practical style which required you to think on your feet and come up with creative solutions, while being very thorough with the law and its application. It was a also a challenge to adapt to quick timelines, long hours and a much faster pace of life. That said, the environment at work although challenging equipped me to adapt quickly and feel confident about my ability to move from my life as a student to a working professional.  

    What do you consider to be the most challenging and important aspects in this field of IT law?

    The most challenging aspect of the field of technology law is that it is changing and evolving at a very fast pace. From being a field that was subject to very minimal regulation, technology is now at the front and centre of most regulation – either in the form of new laws and regulations, or as a result of amendments and changes being made to existing laws to adapt to the digital revolution. While I believe that it is crucial to regulate the use of technology, it is important for the law to not be overly prescriptive and compliance heavy as that would be counterintuitive to very nature of technology and its ability to evolve.

    As an IT lawyer, it is important to marry the principles that the laws are based on with the functions that various technologies bring with it in such a manner that innovation is not hampered, and the harms that technology brings with it are addressed.

    This often requires us to go back to first principles, be very aware of how technology is being regulated across jurisdictions and actively following the policy initiatives with respect to technology as they most often set the context to new tech regulation.

    Often times, you will find yourself walking into a grey area with no interpretational guidance where you need to take calls based on several factors including your deep understanding of technology, the intent of regulations and regulatory perception.

    Jyotsna, do you remember any exigent experiences while advising clients on all these regulatory aspects, data privacy, etc. ? What suggestion would you give to our young law professionals to tackle the same?

    The field of technology law is very broad and encompasses several areas such as cyber security, data privacy, e-commerce, digital payments, content regulation etc. Very often these areas intersect and it is critical for us as technology lawyers to be able to address the full spectrum of issues that a client is facing without operating in silos. A good example of this is in dealing with cyber security incidents which have become very common. The nature of cyber-attacks that organisations face are highly sophisticated and evolving each day and as a result our assistance as lawyers in advising clients on regulatory and commercial aspects becomes critical.

    Cyber-attacks often come with several considerations including regulatory reporting obligations, an assessment of privacy issues (if personal data is involved), criminal law aspects while examining unauthorised access, ransomwares etc., as well as building strategy around communication to the data subjects, to the public and depending on the sector, sectoral regulators. Most often these attacks are multi-jurisdictional and require understanding and working closely with lawyers in the relevant jurisdiction to develop a common strategy.

    In order to deal with matters like this, and generally on matters related to data, technology and privacy, I would recommend that young law professionals train themselves to be nimble, highly aware of regulatory trends, enforcement and practices across jurisdictions to be able to advice clients in a holistic manner. It is also important to guide the client on an approach that is future proof and based on best practices and this often puts the client in a much better position than others who choose to only do the bare minimum when it comes to compliance.

    Jyotsna, people have started feeling that corporate is a safe option instead of choosing a longer struggling period in law, do you think the same?

    I do sense that in-house as a choice of profession has gained some more traction recently, however I don’t think this is necessarily because it is considered a ‘safe option’ as opposed to a law firm. I think in-house roles have also become an important choice as the demands of the role are similar to a lawyer in a law firm, with companies ramping up and investing in legal departments.

    In fact, the challenge of dealing with legal issues by being a part of the company as opposed to serving as external counsel, is one of the main factors that I think drives people to choose in-house. That said, I think there is generally a push to rethink how one wants to practice the law and there do seem to be several parallel tracks that have come about for professionals to choose from, instead of joining a law firm or sticking to mainstream law.

    How do you balance your work and personal life ?

    My approach to balancing work and personal life has always been to not view one as restricting or impinging on the other. I am conscious of the decisions I make when it comes to work and personal life and at all times I try and ensure that I am honouring each commitment. That said, if I am unable to manage a perfect balance, I make sure I am not hard on myself. It is not doubt easy for work to overwhelm and capture all your mind space but with time and small changes to my routine I have been able to feel like I am in control of both aspects of my life.

    For example, the time I set out for my exercise, or to spend with my child is sacrosanct and I try and schedule it in a way that does not allow work to creep in and reduce the time I set out for this. If it means I start my day an hour later, then that does not faze me and most things can in fact wait. I try and stick to a routine that is simple and flexible so that I am able to respond to the demands at work and home calmly. I also make sure that I take small breaks from work whenever I can so that I don’t feel like it is always catching up to me.

    A lawyer sometimes is expected to do work apart from legal functions as well, what are your views on the same?

    Absolutely, and this is an increasing expectation even from clients. The demand now is not just to provide sound legal advice, but also to be able to identify and balance commercial considerations in arriving at solutions. This may need you to step in to the shoes of the various stakeholders you are dealing with – for e.g. if there is a new technology product that is being launched, you need to be able to understand the objectives and outcomes from a technology, business and legal perspective.

    Further, as a lawyer, it is also important to be aware of and participate in public consultations and policy making as this often shapes the regulation that comes out. Separately, as a lawyer in a law firm, you also have several administrative functions attend to including billing, matter management, knowledge management and building and business development. All of these functions are equally important as being a lawyer and equip you to be a better and more efficient lawyer.

    Jyotsna, was there any roadmap that helped you thus far in your journey, or any mentor that supported you from the very beginning, please share how was it for you?

    I didn’t enter this profession with a specific roadmap. In fact, when I joined Trilegal I wasn’t sure of what I wanted to specialise in. When I joined, we had a rotation system and my first seat was TMT. I have since then only been part of the TMT practice and I couldn’t be happier with how things turned out. While I am not very rigid with how things pan out and often like to play things by ear, I did set various targets for myself in my journey as a lawyer and what I wanted to achieve. Most importantly, I ensure that I am always growing as a lawyer, and learning new things every day. I always kept (and continue to have) an open mind and as a result I have greatly benefited from the perspectives of my juniors, my peers and seniors.

    The partner’s practice who I started off with has always been a mentor for me and has had a huge role to play in my journey as a lawyer at Trilegal. I have learned immensely from him and the focus has always been to develop a high quality practice that focuses on learning, freedom of thought and self-challenge. It is also important to not lose sight of the importance in building out a safe, respectful and encouraging work space and that has been integral to my journey as a lawyer in this firm.

    While being in a law firm is no doubt challenging and competitive and I have had my share of tough times, overall my experience has been nothing but rewarding and enjoyable and that’s what keeps me so invested in this.

    According to you, what networking strategies should be adopted by the first generation lawyers specifically in corporate?

    Jyotsna: Networking in an orchestrated set up is a challenge for most people and at times is not very effective. I think that networking should be woven in to your practice as a lawyer where you ensure that you are meeting and investing in professional relationships in several inorganic ways. For starters, don’t wait for a specific time in your career to start networking.

    It is never too early and the earlier you start the more natural it becomes for you. Take the time out to think of people that you want to meet and engage with, find avenues to meet that person – it could be a conference, it could be a roundtable discussion or perhaps a knowledge session that you conduct, or are a part of. Keep in mind what to be of interest to that individual and if there are relevant developments, find a way to get your thoughts over to them. Don’t be shy of expressing your opinion or taking a stance as that helps the other person understand your approach and views as a lawyer.

    Most importantly, do not network with an expectation to see immediate results. Building professional relationships comes with its own gestation period and it is important to recognise that. You will find that slowly you will make a mark and people will remember you for your expertise and reach out. And for this you do not have to be the loudest voice in the room.

    Lastly, any 3 best pieces of advice for our young lawyers?


    I would just say keep an open mind, stay on top of all regulatory developments and constantly learn. No amount of knowledge is too much. And find a way to truly enjoy what you do.

    – JYOTSNA JAYARAM

    Get in touch with Jyotsna Jayaram-