Super Lawyer

Tag: Legal Advisor

  • “At the stage when the invocation is a threat, it becomes imperative to swiftly seek guidance from legal experts well-versed in the intricacies of the field.” – Gunjan Chhabra, Dual Qualified (India-Advocate; England & Wales-Solicitor, Partner at Adwitya Legal LLP

    “At the stage when the invocation is a threat, it becomes imperative to swiftly seek guidance from legal experts well-versed in the intricacies of the field.” – Gunjan Chhabra, Dual Qualified (India-Advocate; England & Wales-Solicitor, Partner at Adwitya Legal LLP

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

    How did you first become interested in pursuing a career in law, and what challenges you encountered during your formative years in the field, and how did you overcome them to establish yourself as a successful legal professional today? Also what inspired you to specialize in commercial litigation and arbitration?

    • Believe it or not I come from a science background. I was studying to become an engineer, and was doing very well. It was somewhere towards the beginning of my +2 where I realized that, along with a strong need for intellectual stimulation, I also required my sense of justice to be met. It was the marriage of these two that got me interested in pursuing a career in law.
    • The challenges I encountered in my formative years emerged from the point of view of being a first-generation lawyer. I needed to pick up various skills apart from the execution aspect, including working on people skills and the psychology of associates, seniors, juniors, clients, etc. The recruitment aspects for us first-generation lawyers are one of the most cumbersome, especially if we do not have strong financial backing. Building trust and reputation also requires an astounding amount of hard work confluenced with luck.
    • Another challenge that I faced was a complete lack of guidance. However, I can say that I have found some of my best friends philosophers and mentors—in my colleagues and my clients. This definitely helps.
    • It is this journey, filled with ups and downs, that has shaped me into the legal professional that I am today.
    • As far as commercial litigation and arbitration go, I would say again that it was a marriage of chance and my inherent skills. I was called to work with a commercial litigation and arbitration firm after I completed my internship there. After that, I would say there was no looking back.

    As someone who is dual qualified and experienced in both Indian and English legal systems, how do you navigate the nuances and differences between the two jurisdictions in your practice?

    • I would say rather than navigating nuances, it forms a unique blend of expertise, enabling a comprehensive understanding of both legal systems. This comes in handy when navigating cross-border disputes.
    • It also helps provide me with a broad legal perspective to identify issues early on. My specialised knowledge of commercial and infrastructure disputes allows me to provide very tailored advice to clients.
    • Moreover, broadening one’s horizons also makes one appreciative of diversity, inclusion, and global perspectives, which is the only way to be successful in today’s internationally integrated business world.

    You have an expertise in infrastructure and construction arbitration. How would you say these disputes are different from the usual disputes?

    • Infrastructure arbitration disputes are multifaceted in many ways that other cases are not. Most other cases have a single issue or, at most, a cluster of issues surrounding one transaction.
    • However, I would describe infrastructure disputes as “live” disputes. A construction or infrastructure project goes on for several years. During this time, there are several thousand correspondences that are exchanged.
    •  There are usually several hundred, if not thousand, complex issues concerning the interpretation of ten to fifteen clauses of the contract together.
    • A lot of these contracts are based on FIDIC models, sometimes called the “Rainbow” suite, which in itself is a contract that,  at first glance, appears quite complex. This is due to the different coloured covers of the model contracts, for nstance, the FIDIC  White Book for the consultancy model agreement, the Red Book for Construction, Plant & Design-Build & EPC/Turnkey Contracts, etc.
    • Apart from the above, in cross-border infrastructure disputes, there can even be a pinata of parallel proceedings just waiting to explode the moment a proceeding is started.
    • Moreover, a quandary of technical issues would require the engagement of expert witnesses as well as factual witnesses. Expert witnesses are often key to winning disputes. Finding a good expert means that such a person’s technical knowledge on the issue cannot be shaken in any cross-examination. Usually delay and quantum experts are employed, but some issues require more nuanced expertise.
    • This is why I believe it is necessary to pre-empt issues and for clients to be involved with experienced counsels right from the contract correspondence stage.

    With your extensive experience in handling disputes related to bank guarantees, what advice would you give to companies to mitigate such risks effectively?

    • The key to mitigating bank guarantee risks is to understand the ground reality of when an employer threatens to invoke a Bank Guarantee. This threat arises when the employer loses confidence in the contractor’s ability to fulfil contractual obligations, say due to delays, defects, too many disputes, etc.
    • At the stage when the invocation is a threat, it is important to immediately rush to legal experts well versed in the field. From this stage on a meticulous review of the underlying contract and the Bank Guarantee is required. Potential breaches, the existence of disputes, and evidence supporting the client’s position need to be documented to gain a detailed understanding.
    • After this, communication must be opened with the employer with a strong legal background and preparation. A middle ground needs to be found. Ultimately, re-tendering is an expensive proposition for an employer, and if the cost of having the client cure breaches is less than re-tendering and employing a new contractor, middle ground can usually be found.
    • During the communication stage itself, it is imperative to continue the background work of collecting supporting evidence due to the impending next stage.
    • In case mutual ground cannot be found and the employer insists on invocation, it is important to immediately move the court or emergency arbitrator to obtain a stay on invocation.

    As an empaneled arbitrator, what do you believe are the key qualities required to effectively adjudicate disputes and maintain neutrality throughout the process?

    • I would say key qualities include a thorough grasp of the subject matter and legal principles; adept problem-solving abilities; meticulous attention to detail; impartiality and neutrality; strong communication and time management skills; and organisational acumen, all of which are essential for ensuring a seamless arbitration process.
    • In instances of international or domestic arbitration or mediation where significant cultural differences exist among the parties or between the parties and arbitrators, it is crucial for an arbitrator to be sensitive to these differences and remain adaptable. This underscores the importance of diversity and inclusion in arbitration.
    • Furthermore, an arbitrator must possess a comprehensive understanding not only of the technical aspects but also of how to draft an award that can withstand challenges, such as those under Section 34 or Section 37. Achieving this level of proficiency requires extensive training in crafting well-reasoned awards and a solid grasp of the grounds for challenging an award. By continually refining these skills and adapting to the evolving landscape of arbitration, an arbitrator can effectively meet the demands of the role.
    • I would also like to add that for specialised disputes such as construction, maritime, or infrastructure disputes, arbitrators with prior experience in these fields are much needed. Sometimes parties overlook these issues in technical matters, and these mistakes cost clients dearly.

    In the realm of construction disputes, what kind of issues usually arise, what strategies do you find most effective in pre-emptively addressing potential conflicts and mitigating the risk of disputes during project execution?

    • The main problem in construction disputes arises from how tendering is done. The contractor with the lowest price usually wins. The terms of these contracts are quite onerous to the contractors, but they feel the need to make at least some profit.
    • The claims in construction contracts usually find their way in “variations”, “change of scope” and other changes to work. Claims also centre around rectification of Defects, eg. works not being in compliance with technical specifications, extension of time claims, centred around delay events causing critical delays in projects, basically having a ripple effect on time and cost, disruption, and acceleration issues.
    • One key strategy I have found works in construction disputes is the quality of correspondence. When the client notices that the other side has suddenly increased the quantity of correspondence or that the quality or tone of the correspondence has changed, they should expect that the other party has engaged someone like us for a certain impending issue. It is at this stage that the client should pre-empt disputes and address potential conflicts by engaging and developing effective strategies with their counsel early on in the dispute.
    • Often, it is mistaken that only the letters in a dispute are important. However, the multitude of emails exchanged and, of course, the messages exchanged on WhatsApp or chat give away certain key defaults on the part of the client.
    • Therefore, it is very important to have a legal expert on board from the outset.

    With your background in international and domestic arbitration, what do you think are the emerging trends in dispute resolution, and how are they shaping the legal landscape?

    • It goes without saying that one of the key trends is Online Dispute Resolution. It is receiving increasing acceptance and adoption.
    • The legal profession used to be known for its resistance to change and holding on to traditions. The pandemic broke through the resistance of lawyers, judges and arbitrators against being online.
    • In today’s world, once dispute resolvers master the richness of the use of more creative models of dispute resolution, it brings about a lot of flexibility. Clients now have access to the best legal minds across the globe at the click of a few buttons.
    • Additionally, ODR and increased technology adoption are cost-effective and sustainable dispute resolution methods.
    • If these new trends are properly leveraged, it is a win-win for all stakeholders.

    Beyond your professional pursuits, do you have any personal hobbies or interests that you find complement or enrich your legal practice?

    • Personally, I feel there is a need for legal professionals to disconnect from the chaos for some time each day and practice mindfulness exercises.
    • Apart from that, I also advocate some form of movement, such as exercise, which helps lower cortisol levels.
    • I also enjoy activities such as painting or other creative pursuits, which help me relax from the highly problem-solving and compulsive nature of our profession.

    You’ve been recognized for your work in advising startups to Fortune 500 companies. Can you elaborate on the specific challenges and opportunities you encounter when providing legal counsel to such a diverse range of clients?

    • I would say tailoring legal advice to suit the specific needs and resources of each client. Startups often operate on limited budgets and may require more cost-effective solutions, while Fortune 500 companies typically have more complex legal needs and resources to address them.
    • Startups are often at the forefront of innovation, requiring legal counsel to be proactive and creative in addressing novel legal issues. On the other hand, Fortune 500 companies may require in-depth knowledge of specific regulatory frameworks and industry standards, which can be intellectually stimulating and rewarding.
    • Being a chameleon to suit the needs of the client is key.

    lawyers and arbitrators who aim to make a significant impact in the profession? Considering your extensive experience and achievements in the legal field, what advice or tips would you offer to the upcoming generation of aspiring

    • One thing is that the current legal industry, or, I would say, the big guns, remain old-school in their practices.
    • However, today, the traditional methods of working or rainmaking will not stand the test of time. There is a need to recognise that the legal industry is evolving and that the traditional linear path is no longer ideal to settle into and retire from.
    • The upcoming generation needs to understand what drives them and to latch on to that passion. This informed passion should guide their big picture worldview, which does not need to be restricted to the traditional models of legal areas.
    • Aspiring lawyers and arbitrators must appreciate that we each need to embrace our own unique qualities and drive our own course in the legal profession. We no longer need to be limited by inherited models of law practice.

    As a recipient of the “Pioneering Women Leadership Award,” what initiatives or changes would you like to see in the legal profession to promote greater diversity and inclusion?

    • Despite the diversity seen in law schools today, I see that it is not translating to the legal industry as much as one would like. There is a clear disconnect.
    • Structural issues are present with many law firms. There is an urgent need for diversification in the legal profession. Representatives of various communities, having a diverse set of values and experiences, enrich any solution that a legal professional is trying to look for.
    • It would truly be foolish to have all this talent and not utilise it to its fullest potential.
    • Therefore, it is very important that the government, the bar, the bench, and large established firms avoid monolithic defence mechanisms that prevent diversity. Steps need to be taken to promote diversity, not due to an obligation but from the recognition of a compelling business need.

    Get in touch with Gunjan Chhabra-

  • “Ethics plays a major role in the legal strategies of companies… It contributes to achieving good governance and increases the reputation in the market.” – Panduranga Acharya, General Counsel at Zepto

    “Ethics plays a major role in the legal strategies of companies… It contributes to achieving good governance and increases the reputation in the market.” – Panduranga Acharya, General Counsel at Zepto

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

    Your journey from the courtroom to the boardroom is fascinating. Could you share with us how you embarked on your career in law, what inspired you to pursue this path, and the challenges you encountered in the initial stages of your career?

    Firstly, it’s a pleasure to share my thoughts at www.superlawyer.in and thank you for this opportunity. I began my career as a litigating lawyer, and over time, I worked my way up the ladder to become a general counsel. Throughout this journey, I’ve consistently applied a general counsel mindset. I’ve also built strong relationships by actively participating in discussions, which has led to a more collaborative and efficient team environment

    I chose to be a lawyer because I was intrigued by how lawyers conduct themselves and their influence on society. I thought lawyers could make a real difference in people’s lives, specifically protecting rights and their ability to help others was always a powerful motivator.

    The initial days of my career weren’t that easy, as a first-generation lawyer, I had to struggle to find a lawyer’s office for my initial training and in those days, the law firms were limited and the scope for legal professionals in the companies was also limited or not much evolved. Thankfully, after visiting many offices, I found an opportunity with an individual legal practitioner and had the privilege to assist him in diverse matters, predominantly in Writs. After a short stint with the court practice, I pursued in-house opportunities. But, the initial period of court practice helped me a lot to grow as a professional.

    With such an impressive journey through various corporations, how do you see Zepto’s approach to quick commerce changing the game in India’s online grocery sector?

    The e-commerce landscape is undergoing a rapid transformation fueled by technological advancements and ever-evolving regulations. The past decade has witnessed high adoption of e-commerce in many segments and has changed the way how India shops. Zepto’s quick delivery service is not only a pioneer in itself but also sets industry standards, only to be followed by other players.

    The meteoric rise of quick commerce, a space where customer satisfaction is king, perfectly exemplifies this need for change. Zepto, loved by consumers for its lightning-fast delivery, is redefining the e-commerce shopping experience for them. Zepto’s success highlights a shift in consumer preferences. People are increasingly seeking immediate gratification, and I think Zepto fills that gap.

    You may even look at the market size, there are a few analysts that estimate a market size exceeding $45 billion, indicating immense room for expansion for quick commerce. Traditional players like grocery chains are also entering the fray, offering quick delivery service options alongside established models. This healthy competition benefits consumers with wider choices and potentially better service. I am glad that I am part of this transition of e-commerce.

    From courtroom battles to corporate boardrooms, you’ve navigated diverse legal landscapes. Your career trajectory began in private practice as an Associate Advocate before transitioning to corporate roles. What prompted your shift from the courtroom to corporate environments?

    While my initial legal experience in practicing counsel was invaluable, it wasn’t until I transitioned in-house that I discovered a particular pull towards the corporate world. There, the focus shifted from handling individual cases to the bigger picture – the strategic legal needs of a company. This appealed to my desire to be a part of something larger and contribute to a company’s overall success. I went on to serve companies in the telecom retail and telecom services sector and during my stint there, I always looked for solutions which make economically sensible to the organization, which led to sharpening my skills to solve with out-of-the-box solutions.

    However, the real turning point came when I witnessed the burgeoning e-commerce industry. The Flipkart experience crystallized my focus. The legal landscape of e-commerce was dynamic, constantly evolving and challenging too. It offered a unique blend of established legal principles applied in a completely new and exciting way. But these challenges were what excited me most. I saw an opportunity to not only be a legal expert but also a pioneer, contributing to shaping the legal framework for this rapidly growing sector.

    Having worked with giants like Flipkart and Swiggy, what inspired your transition to Zepto?

    This is an interesting question, but interestingly my answer is, that when I joined Flipkart and also Swiggy, they were not giants. I have enjoyed working in growth-stage organizations, which will have a lot to achieve and solve unique growth-related legal issues, building companies brick by brick. It gave me a sense of gratification and professional satisfaction. I think I like to be part of companies, which have the potential to scale up faster and rigour in leadership to achieve the same. The growth phase of any organization is gratifying for someone like me. Like Jakma said, one can be part of the process, by joining a big organization or joining a small company, to learn passion.

    Although I have been associated with the e-commerce sector for more than a decade I think e-commerce is still not at its peak and quick commerce is a recent avtaar of e-commerce and Zepto has the rigor and the opportunity with such intensity to lead it from the front.

    Your involvement with INBA and CII reflects a commitment beyond corporate duties. How do you balance professional obligations with your contributions to legal and regulatory frameworks in India’s e-commerce ecosystem?

    As I mentioned earlier, e-commerce is evolving and there the laws also keep updated, rightly so. The involvement with INBA and CII commitments are much aligned with what I do and I take out time from official and personal time to ensure I contribute. It helps me understand the landscape of the ex-ante regulatory framework applicable to e-commerce and helps me with long-term strategic advice. Therefore, it makes sense to take part in the lawmaking process considering these laws will have an impact on the sector and ease of doing business is conducive.

    With 20 years of experience, you’ve witnessed the evolution of India’s legal and regulatory landscape. How do you foresee the role of legal professionals adapting to future shifts in the industry, especially with emerging technologies and business models?

    Yes, the introduction of the Information Technology Act, the new Company’s Act, IBC and the new Consumer Protection Act are significant in revolutionizing the regulatory landscape besides forex laws. The new Digital Personal Data Protection Act, new Labour Codes and the new Criminal laws are expected to be game changers, these laws not only like to bring more clarity for legal professionals but also pose challenges to adoption. Therefore, one should be on the edge always to evaluate their business operations, and ensure compliance with new laws. It in a way enhances the importance of legal professionals be it in-house or practicing ones.

    I think the in-house counsel should wear the hat of risk officers and constantly apply the upcoming regulatory framework to their business practices and identity, mitigate likely risks and thereby contribute to the company’s success. The cost of non-compliance will be huge in the coming years.

    Outside the legal realm, what hobbies or interests do you pursue to unwind and rejuvenate?

    That is most important, I am a sporadic reader and follow current affairs. Apart from that in my free time, I prefer to travel and explore new places and cultures. I generally like to connect with people and learn from their experiences. I follow cricket and kabaddi as sports.

    For those starting their career journey, what lessons or advice would you share from your own experiences, particularly regarding resilience and adaptability in the face of industry disruptions and challenges?

    My advice to the youngsters starting their career in the legal profession is to be as humble as a monk, as empathetic as a therapist, and as fearless as a superhero. Of course, there will be competition, but don’t let that stop you. Stay ahead of the game by keeping yourself updated and making lots of friends. When it comes to making decisions, don’t be afraid to take the plunge. Remember, even the best lawyers make mistakes sometimes. Don’t be afraid of the mistakes, the important thing is to learn from them.

    Your role involves a wide array of responsibilities, from legal matters to policy advocacy. How do you stay updated and informed about the latest trends and developments in the industry, and what sources do you rely on for insights?

    As I mentioned earlier, policy advocacy ensures ease of doing business and helps predict compliance risks. One should think of risk in everything, be it contract, litigation or compliance

    and the goodness one will bring to the table for any organization is to protect the company from business continuity risk and financial risks. Whether or not one likes it, staying updated on the latest developments in the industry has become mandatory. I generally follow the latest developments through the industry bodies and the respective ministry websites. Keep track of ongoing developments in the sector besides, talking to the industry folks.

    With the rapid digitization of commerce, what role do you believe ethics and social responsibility play in the legal strategies of companies, and how do you ensure these values are upheld in your work?

    In my opinion, ethics plays a major role in the legal strategies of companies. It is very important to ensure the business practices adopted by the companies are ethical and it is adopted as a culture (ethics by design), expecting the employees and vendors to maintain the ethical standards and thereby enhance the customer trust. It contributes to achieving good governance and increases the reputation in the market. Social responsibility can be twofold, you may have to comply with the legal requirements of CSR and the other one is ensuring the business practices are sustainable, and environment-friendly, like the adoption of electric scooters, responsible use of plastic etc.

    Get in touch with Panduranga Acharya–

  • “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

    “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

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

    Your journey spans over 17 years, and you’ve worked with reputed law firms and companies. What inspired you to pursue a career in law?

    I was fascinated with UPSC and the legal profession both. I loved reading from my childhood days. We didn’t have a television in our house and considering that the distractions were lesser then, I ended up reading a lot of newspapers. I used to regularly read Hitavada and its Monday supplement: Challenger, an inspirational piece for young students. When I told my family that I wanted to pursue law, my mother supported me and took me to meet a few lawyers and those interactions helped. Realizing that I had no family background in law, the seniors helped me understand that the actual legal world was very distinct from the legal world depicted in movies and that I should be prepared for struggle and a lot of reading and paperwork. 

    Your role involves advising on commercial, contractual, and HR-related issues. How has your diverse experience shaped your approach to legal advisory, particularly in corporate and HR matters?

    Advising on HR matters needs one to adopt a humane approach and I focus a lot on understanding the situation in detail, before jumping to conclusions. With every change in an organization, one comes in contact with people from various backgrounds and genres and every interaction helps individuals grow.

    What do you find most rewarding in your advisory work, and how do you navigate the challenges posed by the dynamic nature of these fields?

    The most rewarding aspect is when the deal gets closed on balanced terms. I always feel that a contract needs the active involvement of the parties along with the lawyers. If we manage to retain the client’s interest despite multiple tracks changed colour-coded versions, the document will truly reflect the understanding and the possibility of dispute is less.

    The challenges posed in this field are no different from the challenges in other fields. Typically, stubbornness is a problem one comes across in contract negotiation. Navigating stubbornness requires a lot of patience along with adopting various methodologies, like independent business team interactions, cogent examples, clear illustrations and so on.

    You’ve been an external member of many ICC(s) and have handled investigations under the POSH Act. What insights have you gained from this experience, and how do you approach creating a safe and inclusive workplace environment?

    POSH issues are very sensitive and delicate. One must understand that POSH is an impact-based law i.e. irrespective of intentions, it’s the impact on the aggrieved woman that matters. Education and training is the only method to handle this issue. If organizations conduct regular training effectively, this issue can be handled. Each organization has its own culture and methods of functioning. Thus, in the case of new employees, it is important to train and sensitize them to these issues.

    In addition to your legal qualifications, you’ve completed a course on Conflict Management from IIT, Madras. How has this course enhanced your skills, and in what ways do you incorporate conflict management strategies in your professional life?

    Conflict management through mediation is the way forward. It’s a very mature way of handling the dispute and requires the parties to be actively involved. We are required to maintain a very objective attitude many times as lawyers, but sometimes there are issues when we tend to get involved, and that’s when the learnings from this course remind us that objectivity is the key in certain roles. 

    As a Legal Advisor for Tata Teleservices Limited, you gained insights into corporate functioning, documentation, negotiation, and risk mitigation. How have these insights influenced your current role, and what key lessons did you take away from your time at Tata Teleservices?

    Tata Teleservices was a delightful experience, more so because of the wonderful corporate legal team that I was part of. While the work of an in-house counsel is different, my stint at TATA ensured I understood the end-to-end process of corporate documentation, right from proposal to the final storage of the executed document. The advantage of working in an organization that is conscious of compliance is that all stakeholders come together and apply themselves together to mitigate the possible risks. Such brainstorming exercises and detailed deliberations are very helpful. 

    You’ve conducted regular POSH training sessions for various organizations. What do you enjoy most about these training sessions, and how do you make legal concepts more accessible to a diverse audience?

    Conveying the delicate concepts of POSH needs a firm demeanour. Apart from regular methods like presentation, videos and interactions, we also use a lot of role-play to demonstrate the proceedings. While my effort is to sensitize the audience about the legal consequences that may arise should an issue arise, I also endeavour to make it clear that the mechanism is not to be misused.  We also suggest that organizations attend vernacular training to ensure that everyone gets the message clearly.

    Your expertise spans from handling litigation matters to advising on real estate transactions and now leading teams at YNZ Legal. Can you share a memorable or challenging experience from your career that has impacted your approach to legal advisory?

    One of my distinct memories related to an interesting company matter that I handled long back. The issue related to oppression and mismanagement and there was an urgency that needed us to get a quick injunction before the AGM. We worked very closely and almost round the clock with clients and counsels to draft effective pleadings to ensure that an injunction was obtained. The case was on a niche legal point and could have turned either way. We researched various cases and prepared written arguments. When the day of the hearing came, the client refused to come to the court and said that he would sit in our office and wait for us since he trusted us completely. While my senior understood, I tried convincing the client to come to the court in case we needed any instructions etc. He persisted and urged me to go on. His confidence and trust in us touched me. Thankfully, the order too came in the client’s favor.

    Apart from your legal expertise, you lead various environment-related initiatives in society. Could you share more about your involvement in these initiatives and how you believe each of us can contribute to sustainability and environmental causes?

    To be very honest, it’s a very small plastic recycling project that we do in our society voluntarily, but we have been consistently doing it since 2017. Till date, our society has contributed almost 35000 kg of plastic for recycling with the active contribution of residents. We work with various organizations who come to collect plastic waste at our doorstep. Each family is expected to segregate every bit of plastic waste that they generate like food wrappings, bottles, milk packets, pens, stationery, toothbrushes and so on for 15 days. The vehicles from these organizations pick up the plastic waste for recycling. 

    I am from Nagpur, a city that has the distinction of being a very clean and green city. I was a part of the nature club in my school days and my teacher had inspired us to be conscious towards the environment then. When I used to travel from Nagpur to Mumbai regularly during my college days, I used to see a lot of plastic being dumped on plants near railway lines. While plastic pollution is a topic for many drawing and essay competitions, concrete steps towards reducing plastic usage need to be taken by each individual and family. Once reduced, these recycling activities can be adapted for unavoidable plastic.

    Balancing a legal career with your other activities like pursuing Bharatnatyam (being a Nritya Visharad) and being an active runner and cyclist is impressive. How do you balance your professional and personal interests, and how do these activities contribute to your overall well-being?

    (Smiling)

    Time management is the key in today’s world. Of course, one cannot do everything at the same time, but if you plan the entire week or month in one go, then it’s easy to find time for most things. Our profession requires a calm and sharp mind and regular breaks with other activities help one to recharge oneself. I rekindled my interest in cycling during the lockdown, thanks to friends and it has stayed on for a long.  Bharatnatyam, again I must thank my teacher who continues to shower her blessings, and despite online classes drives the message of pursuing perfection in every class she takes. 

    Considering the evolving landscape of law and the world, what advice would you give to aspiring legal professionals and advocates who are part of the future generation, and how do you envision the role of legal experts in addressing the challenges and opportunities that lie ahead?

    In-depth reading and writing skills are very critical. As lawyers, it is not possible to learn all the laws, but if one develops the habit of regular reading it can make a difference. Along with reading interesting blogs and legal update channels that are available, I would like to repeat some advice that I got from my senior. He would insist that one should read one judgement daily and when you take the judgement, read it from beginning to end so that you understand how to appreciate the facts, arguments and the decision as well.

    Organizations are getting more and more conscious towards compliance these days. Opportunities are unlimited. Knowledge and effective communication in rich language are key essentials and one must try to develop these skills early on.

    Get in touch with Aarti (Shrivastava) Banerjee–

  • “Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.” – Sudhir Jain, Sr. Partner at Law Veritas “North”

    “Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.” – Sudhir Jain, Sr. Partner at Law Veritas “North”

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

    Can you share with us your journey from your college days at Campus Law Centre, University of Delhi, to becoming a Senior Partner at Law Veritas North? What inspired you to do Law after completing your B.Com? 

    My journey from my college days at Campus Law Centre, University of Delhi, to becoming a Senior Partner at Law Veritas : North has been one of continual growth, learning, and dedication. After completing my B.Com (Hons.), I was inspired to pursue law due to its inherent potential to impact society positively. As Mahatma Gandhi once said, “The true source of rights is duty. If we all discharge our duties, rights will not be far to seek.” I felt compelled to contribute to the legal framework of my country and serve justice.

    As a senior partner, what leadership qualities do you believe are essential for guiding a successful legal team?

    As a senior partner, I believe essential leadership qualities for guiding a successful legal team include integrity, clear communication, strategic thinking, empathy, and the ability to inspire and mentor others. To quote Abraham Lincoln, “I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts.” Effective leadership fosters collaboration, ensures coherence in strategy, and motivates team members to perform at their best.

    From your perspective, how can the current generation of aspiring lawyers adapt to the evolving landscape of legal practice and carve out successful careers for themselves?

    The current generation of aspiring lawyers can adapt to the evolving landscape of legal practice by embracing technology, honing their communication and interpersonal skills, staying updated on legal developments, and fostering a spirit of innovation and adaptability. The life of the law has not been logic; it has been experience. Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.

    With over 24 years of legal experience, what are some key lessons you’ve learned along the way that you would pass on to aspiring lawyers?

    Over my 24 years of legal experience, I have learned several key lessons that I would impart to aspiring lawyers. Firstly, integrity and ethics should always guide your practice. Secondly, continuous learning and staying updated with legal developments are essential. Thirdly, effective communication and interpersonal skills are as crucial as legal expertise. Finally, perseverance and resilience in the face of challenges are indispensable qualities for success in the legal profession.

    How do you balance the demands of litigation with providing strategic counsel to clients in property and revenue matters? 

    Balancing the demands of litigation with providing strategic counsel to clients in property and revenue matters requires meticulous planning, effective delegation, and clear communication. It’s about understanding the priorities of each case and allocating resources accordingly. To quote Benjamin Franklin, “By failing to prepare, you are preparing to fail.” Diligent preparation and a strategic approach enable me to effectively manage both aspects of my practice.

    Could you share with us one of the most challenging cases you’ve encountered in your career and walk us through how you navigated through it to achieve success for your client?

    One of the most challenging cases I have encountered involved a complex property due diligence running in crores with multiple stakeholders and intricate legal issues. Navigating through it required a comprehensive understanding of property laws, strategic negotiation skills, and perseverance. Through meticulous research, strategic planning, and effective advocacy, we were able to secure a favourable opinion/outcome for our client, ensuring justice prevailed despite the complexities involved. However, due to a confidentiality clause I am unable to divulge further details.

    Could you share a moment in your career where you had to adapt to a new dimension or understanding of the law, and how it impacted your approach to future cases? 

    In a pivotal moment in my career, I faced a property law case where traditional principles clashed with modern urban development dynamics. This compelled me to delve into nuanced aspects of property laws, zoning regulations, and authorities provisions. Adapting to this multifaceted dimension of property law not only refined my legal expertise but also emphasized the significance of balancing individual property rights with broader societal concerns. This experience profoundly influenced my approach to future property law cases, fostering a more nuanced and holistic perspective that integrates legal principles with social and economic realities.

    What role do you believe mentorship plays in the legal profession, and have you had any mentors who significantly influenced your career trajectory?

    Mentorship plays a crucial role in the legal profession, providing guidance, support, and valuable insights to aspiring lawyers. I have been fortunate to have some mentors who significantly influenced my career trajectory by imparting wisdom, sharing experiences, and nurturing my professional growth. Mentorship fosters personal and professional development, shaping the future leaders of the legal profession.

    Could you walk us through what a typical day looks like for you as a Senior Partner at Law Veritas North? How do you manage your time and prioritize tasks amidst your various responsibilities and commitments?

    A typical day for me as a Senior Partner at Law Veritas : North involves a blend of client meetings, case reviews, strategic planning sessions, team management, and administrative tasks. Time management and prioritization are crucial, and I rely on effective delegation, leveraging technology for efficiency, and maintaining a structured schedule to balance my various responsibilities and commitments effectively.

    How do you think the current generation of lawyers can leverage technology to enhance their legal practice? 

    Embracing legal technology is paramount in today’s legal landscape. Despite not being a technology expert myself, I recognize its pivotal role in enhancing legal practice. As per an anonymous quote, “Our achievements are the culmination of various influences and collaborations.” Similarly, integrating technology into legal practice enables lawyers to weave a more efficient and effective tapestry of legal services for clients. While I may not possess innate technological prowess, I acknowledge its importance and actively seek opportunities to leverage legal tech tools to streamline processes and deliver better outcomes for those I serve.

    Get in touch with Sudhir Jain-

  • “If you are prepared to accept failures/rejections on the way & are determined to be a continuous learner (in addition to thinking outside the box) nothing in this profession is impossible & you can soar to great heights.” – Kunal Basu, Founder of Lex Loretta.

    “If you are prepared to accept failures/rejections on the way & are determined to be a continuous learner (in addition to thinking outside the box) nothing in this profession is impossible & you can soar to great heights.” – Kunal Basu, Founder of Lex Loretta.

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

    Could you take us through your journey from deciding to pursue law as your education to establishing Lex Loretta? What motivated you to choose law as a career path, and how did you transition from your legal education to starting your own practice?

    My name is Kunal Basu. I am a first-generation lawyer. As a child, I was fascinated by stories of the judicial services, but it wasn’t till many years later that I decided to enter law school in a bid to carve out a niche for myself in the profession. I always originally wanted to enter the judicial services & be a judge but chose to be an attorney. But when I started practicing law in ’22, I saw the reality of the legal system & how quickly shattered the hopes of a litigant could get. There are problems involved in the judicial system. On this note I told myself that come what may, I would be there for each litigant /lost soul who wanted my aid to traverse the labyrinth of long adjournments et al. That’s how my solo practice was initially born. Whilst my LLB degree provided groundwork, having a basic Drafting, Pleading & Conveyancing paper at law school easily helped me to draw up pleadings quickly sans relying on proformas.

    Your areas of practice cover a wide range, from estate transactions to criminal law. What drew you to such diverse fields, and how do you manage to navigate the complexities of each?

    In law school, I was fascinated by papers like the Transfer of Property Act, Indian Trusts Act & the Indian Stamp Act to begin with. We also had a Drafting, Pleading & Conveyancing paper as well. Being an only child, I realised that the world over, many parents have the same common pressing worry–how to pass their assets to their children in an effective manner whilst minimising chances of potential litigation. With this in mind & keeping in mind that for successful practice in trial courts, CPC & CRPC basics were crucial, I employed the system of concept-based learning–a trait that I still use to this day when practicing law in court. Using the method is how I manage to still retain the basic legal principles that help me to navigate. 

    As someone who mentors fellow attorneys facing burnout or feeling lost in their career, what advice would you give to young lawyers navigating the early stages of their profession?

    Be calm. Think with a cool mindset whenever approaching problems in your professional life. A lawyer is expected to resolve the problems of others in a calm & impassioned manner; and if this trait is followed in personal life, it can work wonders. Financials are a problem, but it’s only temporary.

    Your profile mentions a specialization in domestic violence cases involving male victims. Can you share some insights into the unique challenges faced by male victims in seeking legal recourse, and how you approach these cases?

    Whilst most cases I handle involve DV cases from the woman’s perspective, there are genuine cases involving male victims. This is because I have seen that in 99.9% cases, the victim of DV is mostly a female. At times the legal system can be biased towards a male victim & in such cases, it is a test of patience for both the lawyer & male client to navigate the legal system accordingly. As DV cases involving a male victim are special, one has to know not only the DV Act well, but also CrPC too & the basics of criminal drafting. As well as exercise a high degree of empathy.  

    With the rise of remote work and digital platforms, how has it impacted the way you deliver legal services, especially with Lex Loretta being a worldwide remote practice?

    Well… to be honest, delivery of legal services doesn’t always require a brick-and-mortar structure. All that’s required is a stable Internet connection, a secure (client) portal & a communication device. I anticipate that digital nomadism will be the new thing in the next 10 – 15 years. Remote work, I anticipate & digital platforms, I think, will be the new revolutionary approach for any business, including legal profession, to thrive post-COVID. However, I take strict measures to ensure that at no point should Lex Loretta violate advertising standards laid down by the Bar Council of India. 

    As a solo practitioner, what are some of the key challenges you face, and how do you overcome them to ensure the success of Lex Loretta?

    Being a first-generation lawyer, the hardest thing for me when I started practicing was the lack of a mentor. When I started solo practice, I faced challenges from all corners, primarily given the fact that I was a first-generation lawyer. See, most folks are biased towards any first-generation attorney (with exceptions). As days passed, I realised that the only way I could thrive was if I viewed the legal profession from a business perspective instead of cribbing. Keeping this in mind, I set up Lex Loretta on 28th Nov. 2023 by way of a written stamped charter. And it’s been a rollercoaster ride for me ever since then.

    Given your experience, what do you believe the current generation of law graduates can do to build successful and fulfilling careers in law?

    Believe in yourself. Period. Walt Disney said “If you can dream it, you can do it. Always remember that this whole thing started with a dream and a mouse.”  It just takes a spark in you, faith, tons of patience & perseverance to set the ball rolling in this profession. If you are prepared to accept failures/rejections on the way & are determined to be a continuous learner (in addition to thinking outside the box) nothing in this profession is impossible & you can soar to great heights. But if you are influenced easily by other’s perceptions of you, then nothing good will ever happen to you.

    Away from the legal world, what are some of your personal hobbies or interests that you enjoy indulging in?

    I enjoy listening to music, sketching & going on long walks. I enjoy disconnecting from the world for a while & giving more time to myself. I also like sketching abstract objects using vivid imagination & listening to music of all sorts. 

    Internships play a crucial role in a law student’s journey. How important do you think internships are for students, and what kind of internships would you recommend for aspiring lawyers to gain valuable experience and insights into the legal profession?

    See, internships are important for every law student & fresh law graduate to realise whether they are suited for a specific area of law or not. As each area of law is different, I feel that one should choose an internship based on how they view themselves in the next five years & proceed. For instance, if you like being a criminal lawyer, focus on internships under a lawyer, Corrections Department & the judiciary (if possible). Similar goes for any other areas of law. It’s not general. 

    Get in touch with Kunal Basu-

  • “Early exposure to courtroom dynamics sharpens your analytical prowess and pragmatism, equipping you to navigate complex legal scenarios with confidence.” – Manik Sood, Senior Vice President, Legal at Zee

    “Early exposure to courtroom dynamics sharpens your analytical prowess and pragmatism, equipping you to navigate complex legal scenarios with confidence.” – Manik Sood, Senior Vice President, Legal at Zee

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

    Reflecting on your journey from college, could you share the story of why you chose to pursue law as a career? Were there specific experiences or influences that led you down this path, and how has that decision shaped your professional trajectory over the years?

    Growing up, as a student, I was always inclined to study business and that is evident from my qualifications as well. I hold an Honours in Bachelor of Commerce from Delhi University and then pursued my Masters in Business from Australia. However, law was always on the cards for me as I come from a family of lawyers. One particular instance I do recall that may have prompted me further towards this career was my interaction during my MBA with a fellow student (Tony, who also was a lawyer). We had numerous discussions on various issues that he dealt with as a lawyer and why he felt the need to study business to enhance his career as a corporate lawyer. I recall my interactions with him as a tipping point in developing further interest in this profession.

    In your role at Zee, you must have been involved in significant transactions with major partners. What negotiation strategies or skills have you found most effective in dealing with such high-stakes deals? 

    A thumb rule to any practice in law is to assess the situation before you with an analytical mindset. You need to understand the situation you are faced with, how it impacts you from an operational standpoint and what you can do to safeguard your interest. Even while negotiating and finalising contracts these principles form the foundation that acts as a guiding factor in my decision making. I place heavy reliance on certain clauses like Scope, Indemnification, Limitation of Liability, IPR, Obligations and Reps and Warranties and ensure that my organisation’s interest is best covered while negotiating any transactions.   

    Your experience includes handling legal affairs in the FMCG and E-commerce sectors. How do you navigate the evolving landscape of technology laws, especially in the context of data protection and intellectual property, to ensure legal compliance?

    We live in an era of evolving technology and that plays a pivotal role in any business these days. I have been fortunate to have worked in different industries which are at the forefront of technology like e-commerce, Fintech and Media and Entertainment. The key to navigating compliance for any organisation is to continuously be involved in stakeholder consultation. You need to be able to work with different stakeholders from across functions and be able to understand the nuances that surrounds your business. Data in the present times is considered to be the most expensive and valuable commodity for any business and therefore ensuring compliance vis-a-vis protection and privacy of customer data is crucial for any big business these days. With new enactments like the DPDP Bill on the horizon, non-adherence to these compliances can result in big financial losses to an organisation which can be avoided if there are compliant and audited systems in place.   

    You pursued an MBA from La Trobe University in Melbourne, Australia. Could you share what motivated your decision to pursue an MBA and what factors influenced your choice to do it abroad? How has your business education enhanced your legal career?

    I have always been a keen business student and wanted to pursue my education by doing what I was passionate about. After my graduation, I decided to pursue my post-graduation from outside India as that would give me the opportunity and exposure that a young student like me required in the early years of my life. Besides, it gave me a good understanding of different cultures and a chance to make a global network. My education has helped me imbibe my learnings into my legal practice. Being a corporate lawyer, I have a good understanding of business operations and as a result, I can integrate the legal framework keeping business needs in mind.    

    As someone actively involved in the Mediation & Conciliation Network and Federation of Integrated Conflict Management, how do you see alternative dispute resolution methods shaping the future of legal practice? 

    Alternate Dispute Resolution is cost-effective as it saves the high expense of litigations incurred by litigators and is a faster medium of effective disposal of intense disputes. With an overburdened judicial system, Alternate Dispute Resolution like mediation and conciliation is the future of effective disposal of disputes and provides a great platform for an amicable settlement between the parties. ADR will play a very crucial role in the coming times in India.      

    You’ve been recognized for your achievements, including being awarded the Most Valuable Legal Associate at Sood & Singh Associates. Can you share a bit about a project or accomplishment that you are particularly proud of in your career?

    Many instances have challenged me in my career, one such instance is during the Covid-19 time in 2020. I was faced with an issue where the business team was keen on implementing a model under our e-commerce business where we could leverage transactions as a SAAS platform. By the time the information about the business model came to my desk, there were already substantial efforts and costs made in terms of operationalising the same. I was faced with a unique challenge to intervene in the structure of the envisaged model. Without getting into the intricacies of what transpired, I had to hold my ground and opine my business team on the challenges that it may attract from a compliance standpoint and the risk and exposure that may be faced by the organisation if we do not change the current structure. As a result, we took external opinion and external counsel endorsed my view which resulted in changing the entire structure of implementing this model. I got beef from my internal stakeholders initially, however, when they realised that my observations were well accounted for, this resulted in appreciation at a management level.

    You made a transition from working in law firms such as Kochhar & Co. to taking leadership roles in organizations like Zee Entertainment and Paytm. What motivated or inspired you to make the shift from private practice to the corporate sector, and how has this transition impacted your approach to legal challenges?

    I was always intrigued by the corporate practice and after having worked for almost a decade in litigation and law firms, I got an opportunity to head the legal vertical for a startup. What attracted me towards this role was the fact that the management of the company wanted a candidate who could help set up the entire legal vertical right from scratch and I took that up as an opportunity to utilise my expertise of over a decade and implement my learnings from my business qualification into practice. Another motivational thing about corporate practice is of being able to take ownership right from the point of giving your legal opinion to implementing it at ground level with desired results, unlike in the case of being a consultant where your role ends at giving that opinion. Being a very result-driven professional, this facet always intrigued me and may have been the guiding reason why I moved practices to corporate so as to have enough exposure on that front as well as a professional. 

    Having pursued your Masters in Business Administration in Australia, how would you describe the differences, if any, between the education systems of Australia and India? How has this cross-cultural educational experience influenced your approach to legal practice in the corporate sector?

    While major part of my education has been in India, I was able to complement the theoretical knowledge gained during these founding years in India with the practical knowledge that I gained while pursuing my higher education in Australia. This practical knowledge has played a very crucial role in giving me a competitive edge in my career. This to my mind is a big differentiator between the education systems of the two countries. An example to validate the same is that during my post-graduation, one subject which I undertook was completely based on a video game called “Age of Empire”. The entire game served as a learning ground. The professor compared the challenges faced in the game to the challenges that one faces in real life. As a student, you tend to remember and co-relate to such situations better and this leaves a strong impact on your mind. The same approach serves as a guiding principles in my legal practice today where I can relate to different situations and be able to suggest possible legal steps in overcoming the hurdles without impacting business operations at large.     

    Outside of your demanding legal career, what activities or hobbies do you love to engage in to unwind and recharge? How do these non-legal pursuits contribute to maintaining a balance in your life?

    Work-life balance is most important to me. I like spending time with my family as we need to remember that we work hard only to provide a better quality of life for our family members. So all work no play does not work for me. Besides that, I love listening to music, dedicating some time to my health by doing my daily runs and meeting old friends at every given possibility as they help keep me grounded and keep the momentum of life going.

    What advice would you give to the current generation aspiring to build a career in law, considering the evolving nature of the legal profession and the increasing intersection with technology?

    Get out and never hesitate to challenge yourself. Be open to exploring different legal opportunities and don’t feel settled for what you know best. We live in the day and age of technology and it only makes sense as a legal professional that you embrace technology with both hands.   

    What advice would you give to students who are aspiring to join the legal profession, particularly regarding the decision between working in law firms and opting for a corporate legal role?

    Are there specific factors or considerations they should keep in mind when making this career-defining choice? Since I was a thoroughbred litigation counsel before I moved on to the corporate practice, my advice to aspiring legal professionals is to test your mettle in the courtrooms early on in your career. It harnesses you in thinking analytically and pragmatically about situations you are faced with. Besides it gives you an edge to have an extempo mindset which is crucial for any legal practice – be it with the law firm or as an in-house counsel.

    Get in touch with Manik Sood-

  • “In the corporate world, lawyers are often viewed either as impediments to the goals that ambitious sales folks are trying to achieve or ones who should suggest mechanisms to navigate around the blockers.” – Arpita Mukherjee, Consultant – Corporate practice at ANAND AND ANAND

    “In the corporate world, lawyers are often viewed either as impediments to the goals that ambitious sales folks are trying to achieve or ones who should suggest mechanisms to navigate around the blockers.” – Arpita Mukherjee, Consultant – Corporate practice at ANAND AND ANAND

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

    Looking back at your remarkable 34-year career, it’s evident that you’ve broken barriers and achieved significant success in a field where women were once a minority. Could you share some insights into the challenges and difficulties you faced during the early years of your career, and how you overcame them to establish yourself as a leader in corporate law?

    I love this question. In the corporate world, lawyers are often viewed either as impediments to the goals that ambitious sales folks are trying to achieve or ones who should suggest mechanisms to navigate around the blockers. Several times making your point of view heard in a room full of ambitious young men who had pre-decided the path forward was an enormous challenge. The only good point is that companies will not proceed until they have the legal sign-off so you surely had the last word but then your word will decide if you made enemies (lawyers certainly don’t make friends) or were perceived as difficult. I always viewed my role as a solution provider and what worked was to always share 2-3 options for the group to decide and weigh their risks. As a young professional, I always classified those options as High-risk, Medium-risk and Less Risk for the group to decide. Yes, you could say that this is more CYA, but I certainly did not wish to be seen as a blocker.

    Your career spans across diverse industries and roles, from telecom to multinational retail and now law consultancy. What drove you to make such transitions, and how do you think these experiences have shaped your perspective in corporate practice?

    I see my Legal role as a Risk Consultant. To add, I was passionate about learning new industries. Fortunately, the early 1990s and the liberalisation wave that set in our country brought several new industries into existence – Mobile Telecom, Business Process Outsourcing (BPO) and Technologies like Optic Fibre Networks and also infrastructure expansion. I recall, there were several Public-private sector partnership opportunities that came up. My employment with ICICI as a legal counsel exposed me to study and approve/ disapprove of legal covenants to cover risk when the organisation was sanctioning project loans to companies that were being set up in these sectors. The “thirst to learn” was a key driver. Mind you, Google was only born in 1998 so it was all hard work to find material, study them and identify risks and mitigations. And then when US MNCs started to set bases in India for outsourcing their business processes, I was perforce exposed to draw balances between the laws that governed those firms in the EU/ US and the laws that are applicable in India. I remember my stint with the BPO arm of General Electric when we had to educate our Indian employees to be familiar with FCPA (Foreign Corrupt Practices Act, 1977 of the US). The list goes on as I dabbled with more EU firms (like my stint with the Finnish-German Nokia Siemens and later with Metro Cash & Carry, AG) and this shaped me to become who I am today. In summary, “Learn and Be Curious” – which I understand is a leadership principle of today’s Amazon, is in essence I imbibed as an individual, quite unknowingly and intuitively.

    Your work includes managing legal and compliance functions across various multinational companies. Can you share a particularly challenging situation you faced in this role and how you managed to navigate through it successfully?

    One such complex instance was with my previous organisation Levi Strauss. I was their General Counsel in India and the parent organisation decided to sun-set their brand “Denizen” in the Indian market. Denizen as a brand within the company had its own set of merchandisers, retail agreements, procurement and supply chain and XXXX. While the US laws are more flexible on “firing” of employees as an outcome of business decisions, the Indian laws are not as flexible. Drawing an optimal balance was challenging and complex. You had to manage local employee morale, not draw unwanted attention from any Govt department and also educate and convince my US counterparts on the best outcome. There were long and serious discussions with the India CEO, US Legal counterparts and Finance, HR. I am proud to say that we managed it extremely well and with immense employee satisfaction and complied with all local regulations. Shaking hands (the final one) with more than 100 franchisees and distributors without a single legal notice or dispute was nothing short of a feat.

    As someone who has worked across different cultures and countries, what do you think are the key skills needed to effectively communicate and negotiate in a global business environment?

    There are 4 skill sets for a corporate lawyer and they work across cultures and geographies. You need to be an “active listener” – understand the problem right, be “patient” – 99% of the times, the first answer you hear from your stakeholder on your solution is “not acceptable” or “learn from other companies in the market which are doing this anyways”; third one is “do your homework” – remember you are solution provider and risk manager, so study in-depth about the issue and potential implications of your solution and last one is “don’t be diplomatic” – a lawyer needs to “show the mirror” to the CEO. Being ambiguous, using legalese and trying to please may work for your career in the short term but then remember, you are not in for the long haul.

    You’ve had a unique journey, including working with companies like Levi Strauss & Co and Metro Cash & Carry. Can you share a memorable experience or lesson learned from your time in these organizations?

    The most important lesson before I share any experience is that working for a firm headquartered in Germany (Metro Cash & Carry) is vastly different from a US headquartered multinational (Levi Strauss & co). I was the GC in both these firms. Both countries are economic powerhouses in their continents but their ways of working, their etiquettes, their leadership & management styles, and their focus on metrics are vastly different. For example, while some prioritised “shareholder return” more than “employee experience”, making that shift in mindset was very challenging for me. So when I was at Metro Cash & Carry, all my learnings until that time came to be of not much use (I had worked mostly with US MNCs until then) and I had to unlearn a lot of them to find my way through with the German leadership.

    Your career has seen you handle high-stakes litigations and complex negotiations. What personal qualities or attributes do you think have been most instrumental in your success?

    I think this question has a high degree of overlap with the question above on “key skills needed”. Remember you are a “solution provider” and a “risk mitigator”. And so not being diplomatic works for you. The journey is difficult and you need to learn to be “lonely” because you are perceived to be “difficult” in the organisation despite your best efforts because you are always “showing them the mirror” and people don’t like to hear counter-viewpoints. You build your credibility slowly and then comes a point when you are consulted on every minor matter before the company. I must share that this is not easy for at times I have to let go of my personal time/ vacation to solve an issue. Family support has been the key here for they understood my situation.

    You’ve been involved in significant projects like the amalgamation of Tata Group’s telecom business with Bharti Airtel. What are some key takeaways from managing such large-scale endeavours, and how do you ensure smooth execution amidst various challenges?

    Being open to a collaborative and inclusive approach is essential in navigating large conglomerates where various key stakeholders have their own mandates. Synthesizing those mandates and bringing everyone together to address the common cause (the deal) is key to the success of both the deal and its torch-bearer.

    Outside of your professional life, do you have any hobbies or interests that you’re passionate about? How do you unwind after a long day at work?

    I am passionate about music and long drives .. like super long drives with my family. For a large part of my life my Pets who are no more “Cindy, Sophia, and Socks” were my lifelines. Their unrequited love for me was a big factor. Caring for them, and playing with them was my way of unwinding. One more pet who is still alive “chutki” gave me company when for 6 years I was stationed alone in Bengaluru (my family was in Delhi). Back then, I looked forward to every Friday to fly back home. That simple thought of flying back every weekend was an adrenaline rush for me. I love nature and have a keen eye. For example, the other day while walking on the street, I showed my family an owl sitting on a lamp pole. These are small and simple events that give me immense joy.

    With your expertise in areas like intellectual property, corporate compliance, and labor laws, what advice would you give to young professionals aspiring to pursue a career in corporate law, especially in navigating the complexities of the modern business landscape?

    Today’s youngsters are way smarter than me. I don’t think they need any advice from someone like me. I can only offer one advice and that is to develop life skills that are not taught in the classrooms today and kids of today have mostly been protected and provided for in an intense manner. For example, I am not aware of any subject that teaches you to “maintain your cool when the world disagrees with your POV” in the boardroom. You will be flooded with instances where you have to walk on water (not be diplomatic yet you also wish to rise in your career graph) and that for sure is not there in any textbook. They also need to prioritize physical health along with mental well-being. Saying anything more will be preachy.

    Reflecting on your extensive career and the changes you’ve witnessed over time, what differences do you perceive between today’s generation entering the workforce and those from when you began your career? Additionally, where do you believe today’s generation could focus more on enhancing their professional development?

    Today’s generation is much more suave, articulate and well-informed. Some of my interactions with young ones impress me no end. For example, the other day I was a judge at a student event at NLU Delhi and the subject of contract negotiation was tackled by students (who probably have never negotiated in real life situation) in a manner and with such imaginative situational responses, it really left me wanting to go back to school with them.

    Get in touch with Arpita Mukherjee-

  • “Whether you are a lawyer, an entrepreneur, or an artist, I feel it is important to be able to see your work as an expression of yourself. It is what you do for most part of your waking hours.” – Hemant Krishna, Partner at Shardul Amarchand Mangaldas & Co.

    “Whether you are a lawyer, an entrepreneur, or an artist, I feel it is important to be able to see your work as an expression of yourself. It is what you do for most part of your waking hours.” – Hemant Krishna, Partner at Shardul Amarchand Mangaldas & Co.

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

    Reflecting on the early stages of your career, can you share your experiences or challenges you faced during your internships and the process of securing your first job in the legal field? How did these early experiences shape your professional outlook and contribute to your growth as a technology and M&A lawyer?

    Like many others I know, I ended up pursuing law through a process of selection by elimination. Truth be told, as a student, I was tuned out of the law for extended periods. The resulting impostor syndrome would catapult me into working egregiously hard during my internships. I managed to secure offers from both the law firms that I did my corporate law internships at. I wanted to start my career in Mumbai. I learnt many things from my eventual first boss, Sawant Singh: the virtues of simplicity in drafting, negotiating without needless animosity, and, most of all, not letting those deadlines erode your joie de vivre. 

    Given your journey from co-founding a legal-tech outfit to your current role as a Partner at SAM, how have your early experiences shaped your approach to technology law and M&A, and what inspired you to bridge the worlds of law and technology? Additionally, as you oversee digital transformation at SAM, could you elaborate on the key areas you are focusing on?

    As corporate lawyers, we have been technological laggards for decades. We use software that is clunky, we burn midnight oil doing mundane and repetitive tasks, and there is very little standardisation in how one goes about drafting and reviewing. But this is changing; especially because clients are increasingly valuing firms that leverage technology well. My experience at the legal-tech outfit I co-founded helped me understand how law and code can interact and what kind of problems can be solved through this interaction. The experience of having been a part of a team that built a SaaS offering from scratch has been hugely valuable in understanding what goes into building and maintaining software and applications.  

    I follow classic design principles whenever I approach digital transformation. First, identifying a time-consuming, low-paying workflow. Second, figuring out the data and processes that go into that workflow. Third, building an automation model to minimise human effort in executing the predictable or repetitious parts of that workflow. Finally, refining the automation model based on feedback gathered from other users and my own testing while wearing my lawyer hat. Clients usually turn to SAM for very structured, confidential, and bespoke needs. At this end of the legal services spectrum, digital transformation is a layered and complex undertaking which should prioritise confidentiality and security as much as speed and efficiency. But, in essence, my endeavour is to find ways to increase the proportion of creative work that we as lawyers do and reduce the proportion of mundane work, with the help of technology.     

    As a music enthusiast and a Hindustani classical flutist, how do you find parallels between your passion for music and your legal profession? Do these two aspects of your life influence each other in any way?

    When I started learning music at the late age of 25, I felt, while I had some natural strengths as a lawyer, I had absolutely none as a student of music barring a preposterous desire to learn it at any cost. So, initially, learning music felt like a fool’s errand. A decade into it, I feel I could not have done myself a bigger favour. There has been a cross-pollination of learnings that I have had from these twin pursuits. I have learnt to enjoy the rough-and-tumble of everyday practice and process rather than being too caught up with outcomes. I rely more on passion for what I do now than on discipline. 

    Most importantly, music and art deepen a practitioner’s feel for detail and sense for nuance, which allow one to derive a sense of fulfilment from doing little things well.  

    Being deeply involved in digital transformation initiatives at SAM, how do you foresee technology changing the landscape of legal practice in the coming years, especially in reducing the volume of standardized work?

    If voices of dead singers can be recreated using AI as well as we have seen lately, it should be relatively straightforward to let AI track your work and activity as a lawyer continuously over a period, and build an AI assistant that drafts like you, does research like you, crafts arguments like you, uses vocabulary and precedents that you tend to use with a decently high accuracy rate. 

    Technology will slowly but surely transform legal practice radically. When I started my career, the norm was exhaustive 500+ page DD reports. Now, many more clients are willing to consider issue-based reports even in strategic M&A deals. I foresee a future in which there are several alternative-legal-service offerings for compliance, drafting, negotiation, and review to aid lawyers at law firms as well as client organisations. Firms that invest in technology and structured datasets now, will be in a different league 4-5 years down the line, as compared to those that do not. 

    Your advisory work spans fintech, data protection, cybersecurity, AI, blockchain, e-commerce. Can you share a project or experience that particularly stood out to you in these domains and presented unique challenges or opportunities?

    Almost all the work that we do has interesting dimensions. Structuring FLDG for revolving credit arrangements, advising on the grey areas in the current version of the DPDP Act, negotiating cyber-security insurance, advising on web-scraping issues connected with AI, assisting pro bono the victim of a crypto-phishing attack launched by an international gang of crypto-drainers, are a few things we have done in the last 2-3 months that presented unique challenges. Recently, when advising a client, we were compelled to analyse whether technological ‘control’ of an e-commerce platform, when coupled with a few other factors, can lead to the imputation that such entity carried out the business of e-commerce. Got me thinking about the fundamental need for us to rethink certain core concepts of corporate law like ‘control’. 

    How was your experience working at Lakshmikumaran & Sridharan Attorneys, which you joined during the pandemic?

    I joined L&S in the thick of the first wave of the pandemic and remotely hired my entire team and could not meet any of them in person for a year and a half. This would not have been possible without the trust posed in me by Badri at L&S and an incredibly supportive team. I found the culture at L&S to be very collegial and can only see the firm going from strength to strength. 

    Can you shed some light on the working culture at Shardul Amarchand Mangaldas & Co? How does the culture at SAM&Co impact your approach to leadership and collaboration within your teams?

    SAM is a high-octane workplace with marquee clients and deals to keep the most ambitious of lawyers thoroughly engaged. In a turbocharged work environment, it is important to have a vision of what you want to do and who you want to be. I keep asking myself and folks in the team, “Are you making strides towards realising your potential?” That sense of forward momentum is crucial for everyone. As for collaboration, the most important rule in our team is around the expression of dissent: anyone can disagree freely and frankly with anyone else in the team as long as they do so responsibly. Transparency, communication, and accountability have served us well. 

    How do you see the intersection of law and entrepreneurship evolving, and what advice would you give to aspiring legal professionals?

    The legal profession has always been an entrepreneurial undertaking. But there is now scope for hyper-specialisation. As long as your foundational skill sets and knowledge are in place, you can specialise in niches that did not exist until very recently. You can choose to be a Web 3.0 lawyer, or a distressed M&A lawyer, or a Music Industry lawyer. At the same time, technologies like AI, blockchain, IoT have created intersectional spaces for techno-legal entrepreneurs that hitherto never existed. The important thing is to channel one’s entrepreneurial energies meaningfully and methodically over a long enough period to solve hard problems. 

    Whether you are a lawyer, an entrepreneur, or an artist, I feel it is important to be able to see your work as an expression of yourself. It is what you do for most part of your waking hours. If you are a legal professional, how you draft a clause, how you analyse a regulation, how you negotiate, how you format a document, how you punctuate your sentences – they reveal things about who you are. 

    As someone who practices various forms of meditation, how do you think mindfulness and meditation contribute to your professional life, especially in navigating complex legal matters?

    Drafting and research require long spans of attention and focus. Meditation has helped me improve the control I have over my attention. It has also helped me improve my ability to remain equanimous, reduce blind spots in my perspective, and be able to think from the standpoint of a diverse set of people: regulators, clients, opposing counsel. At the Vipassana camp, I learnt a meditation technique called ‘metta bhavana’, which involves directing compassion and kindness towards oneself and everyone else, especially towards folks who may have caused you grief. This type of meditation can be very transformative in a profession where one is frequently involved in contentious situations. 

    Given your extensive experience in the legal and technology domains, what suggestions would you offer to the current generation of aspiring lawyers and technology enthusiasts? How can they proactively enhance their knowledge and gain valuable experiences to thrive in the future landscape of law and technology?

    This phase of technological evolution will have a profound impact on how our laws are conceptualised. Just see the wrenches thrown by crypto into securities law or AI into intellectual property law. To tackle questions thrown up by this intersection, we need a new generation of lawyers who can abstract and understand concepts of technology well enough to create legal frameworks around them even if they cannot write code. 

    On a separate note, it is also important to be alert to the pitfalls of technology. For example, a lot of internet-based applications that we use today are based on the ‘Hook Model’, a framework for designing addictive applications that maximise high-frequency user engagement using the trigger-action-reward-investment quartet. Reckless use of such apps can mess with one’s dopamine reward system, fragment attention span, and rewire the brain for instant feedback loops. In the coming years, AI-based profiling will increase the addictive quotient of such apps further. So, it is more critical than ever when using technology to be aware of how one is allocating their energy, time, and attention. Think long-term even if incentives are stacked in a way that discourages it. Some – if not all – things are best done the hard way, by getting dirt in your fingernails. F. Scott Fitzgerald said it best when he said, “Nothing any good isn’t hard.”

    Get in touch with Hemant Krishna-

  • “Women lawyers navigate challenges with resilience and dedication, turning legal briefs into power suits and objections into stepping stones.” – An Exclusive Interview with Lakshmidevi Somanath, Partner at Surana & Surana International Attorneys

    “Women lawyers navigate challenges with resilience and dedication, turning legal briefs into power suits and objections into stepping stones.” – An Exclusive Interview with Lakshmidevi Somanath, Partner at Surana & Surana International Attorneys

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

    Reflecting on your journey from college, where you were a Gold Medallist in your LLM from NLSIU, to your current position as a Partner at Surana & Surana International Attorneys, could you share some insights into the key milestones and challenges you encountered along the way?

    I am a first-generation lawyer and embarking on my legal journey as one in 1997, was the initial challenge, where I did not have the benefit of a well-trodden path or sage advice. My parents and my brother gave me their unwavering support in all my decisions. Guided by serendipity, I found myself at the National Law School of India University (NLSIU), Bengaluru, where I secured the Gold Medal in my LLM for the highest CGPA. During this time, I was also appointed as an MK Gandhi National Law Fellow, alongwith other eminent fellows. In 2003, I taught for a year in National Law University, Jodhpur. Prof. (Dr.) N.L. Mitra was the Vice Chancellor of the University at the time. His prudent counsel underscored the importance of perpetual research, continuous upskilling, and an unwavering commitment to staying abreast of dynamic legal developments, and this has held me in good stead throughout my professional trajectory. Teaching for a year was a pivotal advantage, providing me with a unique perspective and reinforcing the importance of continuous learning in the dynamic legal landscape. Most of my students at the time are now distinguished legal professionals. 

    In 2004, I joined Surana & Surana, immersing myself in intellectual property law within the firm’s IP practice. This marked the beginning of a deep dive into the nuances of IP as I navigated through diverse facets of intellectual property, gaining invaluable insights and practical experience that would prove instrumental in shaping my career trajectory.

    In 2006 I commenced my independent practice with my spouse, focusing on intellectual property law and constitutional law before various High Courts and tribunals and as time passed, the briefs slowly trickled in. The practice of law before the courts are unparalleled – from the charged atmosphere of the courtroom to the swift thinking on your feet. The satisfaction derived from presenting compelling arguments, navigating legal intricacies, and securing favourable outcomes for clients was my driving force from 2006 to 2020. Intellectual property law is a multifaceted and dynamic field and the learning was challenging, every day, in the courtroom, observing the various senior counsels, and imbibing the wisdom of the bench.

    At times when the family car was not available for my use, I started using the Metrorail, and then used it often for a swift and easy commute to the courts, significantly cutting down travel time, allowing me to optimize my schedule. In 2014, my daughter was born, putting me to the test of balancing my little one and my work. I worked from home for the first four months of the parenting journey and my office handled everything wonderfully. When my daughter was 5 months old, I appeared before the Intellectual Property Appellate Board in the matter of M/s Royal Classic Mills Pvt. Ltd v. The Polo Lauren Company, L.P., ORA/144/2007/TM/DEL/, and rushed back to my daughter waiting for me in my mother’s arms. Following this I slowly eased back into practice and resumed all my professional work by the end of the year. My continued professional journey, without a break, would not have been possible without the support of my family and my colleagues.

    In 2020 I was appointed to the Intellectual Property Appellate Board (IPAB) and it was my privilege to serve along with other members under Chairman Hon’ble Mr Justice Manmohan Singh. We gave rulings in various matters concerning prominent brands such as RPG, HP, REDBULL, PAMESA, EVEREADY and several other renowned trademarks. His Lordship’s mentorship proved invaluable, providing guidance and insights into his professional journey in advocacy and adjudication that significantly contributed to my professional experience.

    Post my tenure at the IPAB I am now Partner at Surana & Surana, and I lead the Intellectual Property Practice. Other than being engaged for IP litigation before the Delhi High Court, I advise, guide and mentor my practice colleagues on their corporate IP advisory to clients, IP legal strategy, IP audits, IP valuations, IP filing and prosecutions in India and various countries worldwide, PCT filings and MADRID filings, IP monetization, IP contracts & agreements, IP commercialisation and other legalities.

    I am indebted to the eminent mentors who generously imparted their legal sagacity, illuminating my path with their professional insights. I did not have one single Guru, rather I am blessed to have learnt from all. Their tutelage through legal discussions, arguments and advice has been the lodestar guiding me through my journey. My family of friends support me unwaveringly.

    Choosing law as my career has allowed me to inspire numerous individuals within my family and friends’ circles.

    During my 23 + years of professional experience, I have traversed the journey of a law student from teaching to working as an advocate in a law firm to running an independent practice to becoming a Member in the IPAB and currently a Partner in a law firm leading the IP Practice.

    Congratulations on your recent recognition as IP Woman Lawyer of the Year! How does it feel to receive such prestigious awards, and what impact do you think they have on the field of intellectual property law?

    Thank you for your kind words. Receiving the IP Woman Lawyer of the Year Award, 2023 from INBA was truly an honor and a testament to the collective efforts of women in the field of intellectual property law. 

    The awards and recognitions I have received in the past year are:

    • IP Woman Lawyer of the Year, 2023, Indian National Bar Association (INBA)
    • Leading Individuals in IP in India by the Asia Pacific Legal 500
    • Leading Individuals in IP in India by the World Trademark Review (WTR) 1000
    • Leading Individuals in IP in India by IAM Patent 1000
    • Finalist – Copyright Lawyer of the Year, Women in Business Law Awards, 2023 (APAC)
    • Finalist – Patent Lawyer of the Year, Women in Business Law Awards, 2023 (APAC)
    • Finalist – IP Lawyer of the Year, Legal Insider Awards, 2023 (APAC)
    • Finalist – 2023 Lawyer Monthly Legal Awards
    • IP Star for India, 2023, ManagingIP

    I am grateful for these honors and remain committed to furthering the advancement of intellectual property law with a focus on innovation, ethics, and inclusivity.

    These awards serve as a powerful platform to showcase the achievements of women in intellectual property law, promoting gender diversity and inclusion in the legal profession. They inspire aspiring female legal professionals to pursue careers in IP law, breaking traditional stereotypes. Moreover, they bring attention to the field’s critical role in innovation, economic growth, and global competitiveness. By acknowledging excellence in IP law, these awards contribute to raising awareness about the strategic importance of intellectual property in various industries.

    Throughout your tenure as a Member Judge at the Intellectual Property Appellate Board, could you reflect on a particular case that not only presented legal challenges but also left a lasting impact on your own understanding of intellectual property matters?

    I can detail some cases for professional discussion for practitioners and academic interest for students during my IPAB tenure.

    One is Eveready Industries India Limited v. Kamlesh Chadha, 2020(83)PTC575(IPAB), decision upheld by the Hon’ble High Court of Delhi in Mr. Sanjay Chadha Trading as Eveready Tools Emporium and Anr. v. Union of India and Anr., 2022/DHC/004457

    In this matter Eveready Industries India Limited, incorporated in 1934 was using the Trademark “EVEREADY” since 1942 registration applied for in 1994. The Respondents has registered trademarks too and contended that the Trademark “EVEREADY” was their bonafide trademark and they adopted it with honest intention in 1985 regarding other goods. Acquiescence can be an issue, so was an assignment deed that had been executed between the parties.

    The Bench determined that the term ‘EVEREADY’ qualifies as an invented word, absent from the English dictionary, and also serves as the corporate name for EVEREADY INDUSTRIES INDIA PRIVATE LIMITED. The adoption and registration of the trademark ‘EVEREADY’ in 1985 by the Respondents were deemed to be in bad faith, as no justification was provided for the use of this invented mark. The deceptive nature of the Respondent was further evident in their unauthorized utilization of other well-known marks like “HMT,” “DELUXE,” “CHAMPION,” “CRAFTSMAN,” and “AMUL,” as per documented evidence. Notably, there was a lack of consistent use of these marks, failing to meet the requirement for acquiescence over a continuous period of 5 years in the usage of a registered mark.

    The above decision was upheld by the Hon’ble High Court of Delhi and EVEREADY was declared a Well-Known Mark.

    Another matter is Sun Pharmaceuticals Ltd v. Macleods Pharmaceuticals Limited, ORA/66/2014/TM/MUM, decision upheld by the Hon’ble High Court of Bombay in Macleods Pharmaceuticals Limited v Union of India, 2023 SCC OnLine Bom 408

    In this dispute, Sun asserted its trademark application for OFRAMAX, filed on August 30, 1989, and subsequently granted registration on May 13, 1994, within Class 5 for pharmaceutical goods. On the other hand, Macleods initiated its trademark application for the mark OFLOMAC on January 28, 1999, in the same class, and secured registration in 2005. Macleods argued that OFLOMAC resulted from combining its medicine name OFLOXACIN with the company name MACLEODS. They contended that Sun’s claim of using the trademark OFRAMAX since July 1991 lacked supporting documents, with invoices and statements only demonstrating usage from 2003 onward. The Bench held that Macleods’ trademark is deceptive, recognizing the potential for confusion with Sun’s mark. This was important to prevent any likelihood of confusion on the specific medicinal or pharmaceutical products. 

    This decision was affirmed by the Hon’ble High Court of Bombay.

    The third case that comes to mind is Britannia Industries Ltd. V. Rakesh Kumar Jain, ORA/68/2013/TM/AMD, Order dated 23rd December, 2020, relied on by the Hon’ble High Court of Delhi in Britannia Industries Ltd V. Good Day Oral Care & Ors., CS(COMM) 572/2021, Order dated 5th November 2021.

    It concerned the mark GOOD DAY, which was adopted in 1986 by Britannia and soon went on to become one of their most popular brands. The Respondent filed an application for GOOD DAY in 2010 in respect of Salt. The Bench held that the Respondent had no plausible explanation for adopting the GOOD DAY word and no evidentiary proof of usage claimed since 2005. GOOD DAY was declared as a well-known mark and the mark of the Respondent was ordered to be removed from the Trade Mark Register.

    You are a part of the International Amicus Committee of the International Trademark Association. How do you see the role of international collaboration in shaping intellectual property laws globally, and what challenges do you foresee in the future?

    International collaboration plays a crucial role in shaping global intellectual property laws by fostering consistency, sharing expertise, and addressing cross-border challenges. As a member of the International Amicus Committee at INTA, I get to witness firsthand the impact of collaborative efforts in providing valuable insights to courts and trademark offices worldwide. This exchange of expertise contributes to a harmonized approach in addressing intellectual property issues on an international scale.

    However, challenges persist, including diverse legal frameworks, cultural differences, and evolving technologies. Bridging these gaps requires continuous efforts to build consensus and establish common ground. Additionally, staying abreast of emerging trends and ensuring inclusivity in decision-making processes are essential for effective international collaboration in shaping the future of intellectual property laws.

    Balancing a role as a Professor of Practice at Christ University School of Law, NCR, New Delhi along with your legal practice must be demanding. How do you manage to stay engaged with both academia and the dynamic legal landscape?

    During my early years of teaching, I had the pleasure of guiding students who have now progressed to senior positions in law firms and the corporate sector. I fondly reminisce about those teaching days and the sense of purpose it brought. Presently, I remain engaged in various academic initiatives, actively contributing to legal education through mentorship and guidance in institutions.

    As a Professor of Practice at Christ University School of Law, NCR, New Delhi, I am offering a specialised course on IP Litigation. I maintain engagement through efficient time management, leveraging practical insights from my legal practice to enrich academic discussions, and staying updated on the dynamic legal landscape. This synergy allows me to contribute effectively to both education and the evolving legal field. 

    You’ve been involved in several IP cases. Can you share insights into some of your memorable cases for academic interest, detailing the challenges faced and the strategies employed that led to a favorable outcome?

    I can talk about some cases for professional discussion and academic interest.

    In 2009, the matter of Maya Appliances Private Limited v. Jaipan Industries Limited, Suit (L) No 1036 of 2009 before the Hon’ble High Court of Bombay, was a question of design and trademark infringement of the plaintiff’s unique and registered leaf design and trade dress.  The Respondent brought forth a registered design stating that they owned it and that their products were based on this design. We convinced the Hon’ble Court that the production of a design certificate owned by one Sairaj Industries only shows that the alleged design is owned by them. The Respondents neither described the relationship between them and the Sairaj industries, nor have produced any documents towards the same. Working on this case of the infringement of a registered design and establishing arguments was interesting.

    Another case was that of Karthik Subbaraj G. v. Five Star Films Pvt. Ltd. C.S. No.  810 of 2015 before the Hon’ble High Court of Madras. The dispute was between the Director and screenwriter of the film Jigarthanda and the producer. As per the agreement of 2012 between both, the project was commenced and the move shot and released. The suit was filed seeking an injunction against the producer to prevent selling the remake rights of the movie in any language. No permission has been obtained from the Plaintiff for using it in other languages. The moral rights of the screenwriter, reproduction rights, remake rights vis-à-vis the terms of the Agreement were discussed in detail before the Court.

    In Shiv Nadar Foundation v. Registrar of Trademarks C.A.(COMM.IPD-TM) 122/2021, the case was filed against the refusal of the logo mark SHIKSHA for education. The Hon’ble Court appreciated the composite nature of the mark and no other similar logos and struck down the Order of refusal.

    As a member of the CII – IP Forum, FICCI – IP Council and a mentor at various institutions such as MAARG, the Founder Institute, how do you think the legal profession can contribute to fostering diversity and inclusion, especially for women in intellectual property law and as startup founders?

    Engaging in collaborative efforts with industry forums such as CII and FICCI allows legal professionals to leverage collective influence, driving systemic changes that promote diversity and inclusion. It is imperative for the legal community to uphold these principles and actively contribute to dismantling barriers, thereby creating a more inclusive and representative landscape in intellectual property law and startup entrepreneurship.

    To foster inclusivity, legal practitioners should actively promote equal opportunities, advocate for unbiased recruitment practices, support women re-entering the profession after a break for the family and support mentorship programs tailored to empower women in the intellectual property sector. Creating a conducive environment that embraces diverse perspectives not only enriches the profession but also contributes to a more innovative and equitable ecosystem.

    When mentoring startup ventures, legal professionals can contribute by advocating for gender-neutral policies, offering legal guidance on inclusive corporate structures, and actively participating in initiatives that provide women entrepreneurs with access to legal resources.

    I am also actively engaged in various intellectual property discussions, as part of the panel in various forums and conferences. I’ve served as a Speaker and Panel Chair at various CII, GIPC, WIPF and other events. With talks spanning from online gaming, IP litigation, generative AI, online platforms, performer’s rights, IP monetization to data protection, I have been able to contribute insights and share my perspectives.

    Your work involves carving IP legal advisory strategies, performing IP audits, and coordinating IP valuations. What advice would you give to young professionals aspiring to specialize in intellectual property law, especially in the context of the evolving legal landscape?

    Having just one degree or having multiple degrees specializing in a single domain is considered outdated or passé in contemporary times. In today’s dynamic and interconnected world, professionals are expected to adapt to a variety of roles and contribute across different fields. Combining expertise from various disciplines not only enhances problem-solving skills but also fosters innovation and creativity. 

    Employers and industries increasingly seek individuals with a broader range of knowledge and capabilities, transcending traditional disciplinary boundaries. Examples are the combination of law and an engineering or fine arts or a medical background. For instance, someone with a background in both law and technology might be better equipped to navigate the complex legal landscape surrounding emerging technologies.

    For aspiring IP professionals in the evolving legal landscape, I recommend gaining diverse experience, staying updated on emerging trends in IP such as the protection of and infringement occasioned by the use of AI, especially generative AI, cybersecurity and IP, blockchain technology, gene editing, sustainable technologies, quantum computing, 3D printing, neurotechnology, IP of and in the hands of influencers and social media, cross border IP litigation, etc and developing a strong understanding of technology and business. Embrace continuous learning, engage in practical training, and build a network within the IP community. A strategic focus on carving innovative legal solutions will position you for success in the dynamic field of intellectual property law.

    Additionally, cultivate a deep understanding of global IP laws, invest in honing negotiation and communication skills, and actively participate in industry events and associations. Embrace a proactive and client-centric approach, and leverage technology for efficient legal practice. Remember, adaptability and a passion for innovation will be key drivers of success.

    Furthermore, seek mentorship from experienced professionals, explore interdisciplinary collaborations, and consider pursuing relevant certifications to enhance your expertise. Stay attuned to ethical considerations and emphasize integrity in your practice. Finally, contribute to thought leadership by publishing articles, attending conferences, and actively participating in discussions to establish yourself as a knowledgeable and influential figure in the intellectual property legal community.

    Continuously build a strong professional network, both locally and globally, to foster collaborations and stay informed about industry developments. Be adaptable to changes in legal frameworks and technology, and proactively anticipate challenges to offer strategic solutions. Embrace innovation in legal research and leverage data analytics to enhance your practice. Ultimately, a holistic approach that combines legal acumen, business understanding, and a commitment to excellence will set you apart in the dynamic field of intellectual property law.

    Having excelled in moot court competitions and representing India in international forums like the Afro Asian and Phillip C. Jessup Moot Court Competitions, how did your experience in moot court contribute to your professional development? Furthermore, do you believe participating in moot court competitions is essential for law students and how can it positively impact their growth and skills development?

    Engaging in moot court competitions has been a pivotal aspect of my professional journey, contributing immensely to my development as a legal practitioner. Representing India in international forums like the Afro Asian Moot Court Competition in 1999 and Philip C. Jessup International Law Moot Court Competition in 2000 was a transformative experience that provided a multifaceted impact on my skills and outlook.

    Participating in moots equipped me with the ability to carefully assess each argument, strategically position them before the bench, identify vulnerabilities in the opponent’s case, adeptly counter their points, skilfully address judges’ inquiries, and cultivate a respectful demeanour towards both the bench and opposing counsels. The experience also facilitated networking opportunities with students and legal practitioners from across India, expanding my professional connections. 

    When I was a student, the only international competitions that India used to participate in were the Philip C. Jessup International Law Moot Court Competition, Afro Asian Moot Court Competition, Stetson International Environmental Moot Court Competition, and Willem C. Vis International Commercial Arbitration Moot. Now there are so many more mooting opportunities for law students. Law students should actively involve themselves in external mooting as part of the extended curriculum for advocacy skills development, legal research proficiency, confidence building, understanding courtroom dynamics and networking opportunities

    Beyond your legal pursuits, what are your personal interests or hobbies that you find yourself passionate about in your free time?

    I find joy in quality time with my daughter, indulging in movies and meals with my friends, and making pencil sketches of people. Additionally, I am proficient in playing the mridangam and am a voracious reader of science fiction and mythic fiction. I would have ended up as a writer or a film director, had I not pursued law.

    How do you view the above journey as a woman lawyer?

    Yatechchā tatra mārgaḥ – where there is a will, there is a way. Balancing both the professional journey and personal life is a challenge for most of us, especially women litigators. However with good time management skills, the ability to plan and prioritise, hard work and a never-say-die attitude, anything is possible. 

    In the initial years of a legal career, how seniors treat you, with dignity or otherwise, is crucial. It’s up to individuals to quickly grasp the balance between work responsibilities, career growth, and specialization choices. Navigating these opportunities and challenges posed by seniors is common, and it’s recommended for upcoming lawyers to understand this early on. Dealing with uncertainties and potential disrespect becomes more manageable when comprehended early. As a woman lawyer, I had the chance to grasp and overcome these dynamics, and I appreciate the lessons, whether direct or indirect, taught by my seniors. Their guidance helped me shape my decisions and progress in my legal profession.

    My 23 + year professional journey or that of any of my women colleagues’, cannot in the true sense be condensed in words. It involves hard work, dedication, sincerity, and a mix of challenges, opportunities, painful, sad, and happy days in both personal and professional realms. The power within, drawn from the Universe, empowers women to overcome challenges, face each day with positivity, and passionately pursue what brings personal and professional fulfilment.

    Despite advocating for equality, empowerment, and equity, women often bear additional responsibilities. While these principles are on paper, their implementation can be challenging. The acknowledgment of exceptional women by you as a “Super Lawyer” underscores the extraordinary efforts made to navigate these challenges, providing a satisfying recognition of the exceptional work done by them and their leadership, integrity and dedication to justice.

    So, here’s to the unsung heroines of the legal world, the women who every day turn legal briefs into power suits, make every objection a stepping stone to success, and put out board room legal chaos with their excellent strategy.

    Get in touch with Lakshmidevi Somanath-

  • “It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream.”- Vivek B.Siddalingaiah, Civil Servant, Ministry of Justice UK 

    “It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream.”- Vivek B.Siddalingaiah, Civil Servant, Ministry of Justice UK 

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

    Can you share your journey from practicing law in India to your current role as a Legal Advisor for the Magistrates in the UK’s Ministry of Justice?

    To begin with, I did my B.A.L. LL.B. , five years integrated course from University Law College, Bangalore University. In October 2010, I was called to the bar after completing my All India Bar exam and immediately after being called to the bar at the Karnataka State Bar Council, I started practicing. I started practicing under a senior and my main practice area involved insurance, banking, domestic arbitration, and other civil matters. Along with this, I also used to practice before the Debt Recovery Tribunal.

    After practicing for over four years in Bangalore, I moved to London to do my Master of Laws post-graduation from City University, London. My areas of specialization were Alternate Dispute Resolution and Civil Litigation in reference to the UK law. I completed my post-graduation in 2015 and my final dissertation as part of the course was about International Investment Treaty Arbitration. After this, I had to move back to India because of Brexit issues and I joined a startup company in Bangalore as a legal counsel. After working there for less than a period of six months, I joined Tatva Legal Bangalore as an associate in their litigation team. Working at Tatva Legal gave me a wide exposure to the other fields of law namely Corporate Law, Corporate Litigation and International Commercial Arbitration. In 2016, the New Companies Act and Insolvency & Bankruptcy Code were passed in India and as a result the National Company Law Tribunal were established. I started practicing before the NCLT for a period of two years.

     In 2019, I got an opportunity to work with the Financial Ombudsman Service, London as an investigator/ adjudicator. This role gave me an opportunity to resolve disputes in a quasi-judicial setting.  I had to take a small break during the COVID lockdown to attend to my personal work. 

    In 2022, I started applying for Civil Service roles in the UK.  Civil service recruitment in the UK is based on open competitive examinations. 

    These posts are advertised and applications are invited from eligible candidates, preferably candidates with law degree or experience in a common law jurisdiction. In August 2022, I cleared my competitive examinations and I was appointed as a Crown Court Advisor/ Clerk. I was mainly responsible for most of the administrative and procedural functions of running the Crown Courts. I got a very good opportunity to understand the criminal justice system in the UK. After having worked for one and a half years in this role, I got an opportunity to be promoted through an internal campaign and after having cleared my interview and other written tasks, I was appointed as a Legal Advisor for the Magistrates in the East London local justice area. I have been working in this role for the last two months.

    How did your experience in litigation, merger & acquisition, insurance, and international arbitration prepare you for your role as a legal advisor at His Majesty’s Court & Tribunal Service?

    As we all know, India is a common law jurisdiction, and this acted as an advantage for me. My litigation experience in India gave me all the understanding and the tools required regarding the court procedures. Because of this experience, I wasn’t a stranger to the legal system in the UK, even though there are a few procedural and other administrative differences between the two countries, the overall legal system is very identical. Because of this, I was able to understand, implement and do my best in the roles that I have been performing in the UK till now. 

    My litigation experience in India helped me in clearing my Bar exam in England and Wales, and also in my applications, written tasks and interviews for the legal positions that I applied for in the UK. 

    My experience in the field of insurance was advantageous when I worked at the Financial Ombudsman Service. My main responsibility at the Financial Ombudsman Service was to deal with insurance, banking and pensions disputes between the customers and the businesses. Having practiced insurance law for a period in India, it was easy for me to understand the concept, the difficulties and the nature of cases that were brought to the Financial Ombudsman Service for investigators or adjudicators like me to resolve. My experience in the field of domestic or international arbitration helped me in almost all the roles that I have been performing till now.

    What inspired you to pursue a Master of Laws in Civil Litigation & Dispute Resolution at The City University, London, after practicing law in India?

    In the year 2010, when I graduated with my law degree, it was sort of a practice for every other law graduate to go abroad to pursue Masters. I have had a few friends who went to the UK, the US, Australia and other places to pursue their masters. I had an opportunity to speak with them about their experiences, their expectations, and the advantageous position that they were in when they returned to India. 

    In my experience and understanding it is a bit important for any legal professional to have a specialization in one or more fields of law and I was very keen on specializing in at least one field of law which could give me an advantage over other candidates when it comes to the job market and this was one of the reasons why I decided to pursue my Masters.

    However, I was not sure about which field of law I wanted to specialise in. Initially I started my practice in insurance and banking law, then moved on to property law, then moved on to other fields of law. I wanted to make sure that I understood which field of law I would like to specialise. This could have been possible only by my own experience and work rather than anyone’s advice. After four years of practice, I realised that alternative dispute resolution was my field of interest and that is the field in which I would prefer to specialise in. 

    How has being dual-qualified as a Barrister in India and England & Wales influenced your legal career and approach to practicing law?

    It was always my aim or dream to qualify as a Barrister in England and Wales. Also, being a person interested in history and having read about many well-known jurists, freedom fighters and other people who have been in some of the very responsible positions, I realised that most of them were Barristers. I’ve heard the argument that it doesn’t require a qualification for a person to do great things. However, in my view, I was always interested in belonging to the list of people from India who are qualified as Barristers in England & Wales. Being a dual qualified Barrister does have its own advantages. I get to practice or work in two jurisdictions. It is also a very prestigious and respected profession in both the countries. I have had the opportunity of practicing before the courts in India and working in the courts in the UK. I believe this dual qualification has allowed me to work as I always wanted to. The dual qualification has also given me the advantageous position when it comes to applying for various positions or for my professional growth.

    Could you elaborate on your experience as an Investigator and Adjudicator at the Financial Ombudsman Service in London and how it shaped your understanding of dispute resolution?

    The Financial Ombudsman Service (FOS) is a service which resolves disputes between the businesses and the consumers without having the customers go to the courts. The legal system or the court system in the UK is very expensive when compared to that in India. This is one of the reasons why consumers or common people would like to bring their issues to FOS to be addressed. FOS deals with almost all types of commercial and business disputes including insurance, pensions, banking, credit, frauds and scams etc. 

    The role of an investigator or an adjudicator is to listen to both the parties, be impartial, unbiased and decide in the favor of the party which is right. This could involve penalizing the business or asking the business to do something that they are expected to do. I had the opportunity of working and resolving disputes in the insurance and banking team. I had the opportunity to resolve disputes in the Insurance, Banking and Pensions team. This gave me an opportunity to understand the various requirements, the way of interpretation of the law and drafting judgements. It also gave me an opportunity to speak with experts in the field of law and business to enable me to decide the disputes. Further,  it gave me an opportunity to understand the quasi-judicial setup in the UK and the procedure for parties to go to the courts or tribunals to resolve their disputes. This role prepared me for applying to other legal based positions.

    What unique challenges have you encountered while advising lay Magistrates on legal matters and procedural issues at His Majesty’s Court & Tribunal Service?

    Magistrates in the UK are also known as Justices of Peace. They are individuals from all walks of life who are passionate about making a difference in their local communities. This role is a volunteer role. Magistrates are people from all walks of life, usually with no legal qualification or training. The legal advisor sits with the magistrates in the courtroom to advise them on the legal procedures and the rule of law.

    No two days are the same for a legal advisor as it depends on the experience of the magistrates, the type of cases and the number of cases that are heard. As a legal advisor, we are expected to not only know the law, procedure but also the facts, recent developments in the field of law, recent judgments that might affect a particular case.

    The legal advisors are in a unique position as a lawyer. They are not fighting a case from a particular side, but instead looking at the law itself and ensuring it is applied in the correct way. A legal advisor acts with a judge’s hat on rather than as a stereotypical lawyer. This role places me at the heart of the criminal justice system. It is not only about advising the magistrate, but also assisting the parties who are unrepresented. 

    As someone deeply involved in both Indian and UK legal systems, what differences have you observed in the legal cultures and practices between the two jurisdictions?

    India is a mix of common law and civil law however, mostly adheres to the common law principle just like the UK. The judicial system in India is highly influenced by that of the British system which was framed and practiced pre-independence. The system is very identical and as such is not difficult for an experienced lawyer to understand. 

    Some of the differences that I could point out between India and the UK legal systems are the volume of cases (due to population), the time in disposing of the cases, the police system, and the working of various other departments that are involved in the administration of justice.

    The major difference is that administration of Indian courts is managed by the judiciary themselves. However, in the UK it is managed by the organization which I’m part of called His Majesty’s Court and Tribunal Service (HMCTS). 

    The practice and procedures are very identical, the court language used are very similar, the civil procedure, criminal procedure, admissibility of evidence are all very identical as well. 

    Overall, the Indian and the UK legal system are identical and they’re also complementary to one another.

    Lastly, what advice would you give to recent law graduates aspiring to pursue a career in litigation, arbitration, or judiciary, considering your diverse experiences in the legal field?

    I do not consider myself to have the experience to advise law students, however being a first-generation lawyer in my family, I had very little advice when I wanted to choose law as a career. This resulted in me waiting for a number of years before I could understand and decide what and how to do things. As such, I am keen on advising law students, especially first-generation lawyers who do not have much exposure or understanding about this profession.

    As said, the legal profession is a noble profession. One must have a lot of patience to survive and to do well in this profession. It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream. Majority of my professional dreams have been fulfilled as I speak. My next and my aim is to enter the Judiciary which in my view will happen in the next few years. 

    Believe in yourself, work hard as there is no substitute for hard work and get the right advice from the right people.

    Career in law need not have to be restricted to civil or criminal practice; there are various fields of law that one can excel in. Make the right choice, take your time, get the right advice and follow your dreams.

    Get in touch with Vivek B.Siddalingaiah-