Your educational background includes a Bachelor’s in Science (B.Sc.) followed by a transition to law. Could you share the journey of how you made this switch and embarked on your legal career? What were the challenges or struggles you faced during this transitional period, and how did you overcome them?
In 2008, I moved to Delhi to pursue a Diploma in Clinical Research with weekend classes. While looking for a job, I ended up at a law firm specializing in intellectual property (IP) with the help of a friend. Initially I was assigned with creating a database for 300 patent cases they were handling, I became familiar with the patent process and began identifying deficiencies in the files. Upon expressing my observations to my boss, who noticed my science background, I was encouraged to try patent prosecution. This marked the beginning of my journey, and within the same year, I successfully cleared the Patent Agent exam and there was no looking back after that.
Understanding the legal language, it took me some time to get the flow of it. I think constant exposure to it by reading every day helped me get used to the flow.
Nishi, with a background in toxicology, law, and extensive experience in IPR, what sparked your interest in this unique combination of fields, and how has your background in toxicology influenced your approach to handling cases related to intellectual property and food laws?
It’s all about curiosity. When I started in this field, everything was new to me. Learning about inventions and brands before they hit the market really fascinated me. For example, back in 2009, I worked on a patent application for a mobile wallet, which felt like a big deal at the time. Now, we use it for almost every transaction.
An extensive research oriented program of toxicology helped me a lot in handling and understanding patent applications.
Being recognized as a “Top 50 emerging IP Player” by IP Gorilla is a remarkable achievement. Can you share a pivotal moment or case in your career that you believe contributed significantly to this recognition?
During my time with my previous firm, I was honoured to be recommended twice by RSG rankings as the most recommended lawyer in the firm. Additionally, I received recognition as one of the recommended lawyers in IP by Legal 500 and was acknowledged as one of the most read authors on Mondaq. I believe these recognitions played a role in my selection by IP Gorilla.
As a founding partner at Lume Legal, you handle various aspects of intellectual property rights, including patent, design, and trademark issues. What inspired you to establish your own firm, and what unique vision or approach do you bring to the legal landscape through Lume Legal?
Honestly, it wasn’t a planned move. I took a break from my job, but I continued to get work through recommendations. That’s when I thought, why not start something on my own? That’s how it all began. We aim to adapt to the evolving legal landscape influenced by changing technology and assist our clients in navigating these changes.
As an advocate for IP rights awareness, you’re actively involved in speaking at various seminars and conferences. What message do you often find yourself emphasizing to businesses and entrepreneurs regarding the importance of intellectual property?
Protecting intellectual property (IP) is crucial for any business, but I stress the importance of enforcing IP rights. Business owners need to be clear about where they stand. It’s essential to avoid infringing on others’ IP and, at the same time, ensure that their own rights are not violated. Setting these boundaries is key for a successful business
Having advised Fortune 500 companies on the protection and use of trademarks, could you highlight a key strategy you employ when working with such high-profile clients to ensure the safeguarding of their intellectual property?
Diligence, staying informed, and maintaining honesty have consistently been my guiding principles, and they have proven to be beneficial in various situations.
You’ve written for various national and international law journals. Could you share the motivation behind your writing, and how do you believe it contributes to the legal community and public understanding of intellectual property issues?
I follow the principle of writing for those who aren’t familiar with legal terms and need straightforward answers. Coming from a science background, I realize that grasping legal jargon can be challenging. My goal is to communicate in simple language so that even the average person can easily understand the content.
Maintaining a successful career in law requires a high level of self-discipline. Can you share your thoughts on the importance of self-discipline in your professional journey and any strategies you use to stay focused and organized in your work?
Thanks to IP prosecution, whether it’s dealing with patents or trademarks, it’s a field that operates on tight deadlines. Missing a deadline means having to explain, so being self-disciplined is crucial. When you genuinely enjoy your work, you don’t need elaborate strategies; it simply becomes part of your daily routine.
Beyond your legal pursuits, what are your hobbies, and how do you like to spend your free time?
I enjoy experimenting with various activities, ranging from music and dance to reading, and my interests tend to shift over time. Currently, I’m engrossed in watching documentaries.
For students aspiring to specialize in Intellectual Property Rights, what would be your top piece of advice or a recommended approach to gain a strong foothold in this field while still in law school or early in their legal careers?
My approach is simple: read, read, and read. Staying updated on current events, brands, and new innovations is crucial. Reading case laws helps me understand how the court addresses different sections or aspects. I firmly believe in the power of perseverance and the importance of continuous learning.
Looking back at the journey from your CA articleship to becoming the Group General Counsel at NIIF, how did you initially decide to pursue a career in law, and what pivotal moments shaped your decision to specialize in corporate law and investment funds?
My career path has been a case of pure serendipity. I chose the CA course as my group of friends collectively decided this was the path forward for us. After qualifying as a chartered accountant, I thought of giving civil services a shot. Hence, I picked “law” as a second subject. I joined Government Law College (GLC), as it was convenient to attend morning college and get to work at my chartered accountancy firm by 11 am. I had encountered Nishith Desai Associates (NDA) in my work-related research, and hence when they came to GLC for campus recruitment, it was a no-brainer to sit for their interview. From what the interviewer told me later, I came across as a no-nonsense nerd, and when they made an offer, I accepted. That’s how my journey in the professional field of law started.
In those days, NDA was a leading firm in India in the fields of international tax and investment funds. I joined the tax team and being a CA-and-lawyer, I got pulled into the funds team. I thoroughly enjoyed my time at NDA and lapped up every challenge / opportunity thrown at me, be it international tax advisory, international tax policy, fund formation, fund documentation, corporate transactions work, pro-bono advisory etc.
Looking back, I can only conclude that whenever I was at the fork of a decision in my career path, I took that leap of faith and successfully ploughed my way with self-belief and hard work as my tools. And as for the challenging days, I had the blessings and patience of my family and guidance from friends and well-wishers to pull me through.
As the Group General Counsel at the National Investment and Infrastructure Fund Limited (NIIF), what are some unique challenges and exciting opportunities you encounter in your current role?
When I joined NIIF, I already had over two decades of experience behind me. The niggling feeling was, what next. I had been an external lawyer as well as in-house, so what more could I look forward to. In NIIF I found the next chapter in my professional life.
During my interview for the post, my boss-to-be asked: what is it that makes NIIF an appealing opportunity to you? My answer was, NIIF as a sovereign anchored fund is a unique experiment in the history of India and it would be an honor to be a part of this history.
As Group General Counsel and Head Corporate Affairs (GGC-CA) at NIIF, the unique task I had to dive right into was ‘stakeholder management’. NIIF is 49% owned by the Government of India and balance 51% by sovereign, quasi sovereign, and other institutional investors (domestic and offshore). The Board is a representative of these diverse stakeholders as well as independent directors. Hence, as GGC-CA being trusted advisor to the stakeholders is key. A routine day is a combination of being the voice of reason, providing clear legal advice, addressing compliance challenges, providing guidance on governance matters, being sounding board for new ideas, and supporting business teams in executing strategic decisions. As fiduciary for investors’ monies, it is imperative to approach every legal/compliance conundrum with thorough technical analysis, test alternate outcomes, closely monitor execution and reporting.
NIIF offers exciting opportunities for professional growth and intellectual curiosity as we continue to scale our various investment platforms (across various infrastructure sub sectors), expand our private markets footprint, roll out new fund products (including our maiden India-Japan Fund) and much more.
From your extensive experience in structuring funds to managing acquisitions and joint ventures, you’ve covered a wide spectrum of legal aspects. Is there a specific area within your expertise that you find particularly fascinating or enjoy working on the most?
My first love has, and continues to be, taxation. As a student, I aced the subject and had penned “be a core member of the team to re-write the Indian income-tax act” on my vision board! Well, I haven’t achieved that goal but I have enjoyed my tryst with various taxation matters. Researching on and writing tax opinions has been tremendously rewarding, tax structuring of funds, managed accounts, fund investments, strategic ventures and other collaborations helped me to deftly leverage my passion and expertise. Through my focus on ‘policy advocacy’, I have also made representations (and drafted proposed amendments) on tax, legal and regulatory issues.
Another fascinating aspect of my professional life (which am sure, other deal junkies like me will also confess) is negotiating complex contracts. On the execution day of any transaction, it is absolutely satisfying to check your score card and find that the deal breakers were addressed suitably and the terms of the resultant contract have emerged as clear and unambiguous, thus being capable of performance as well as enforcement.
In one of my early transactions, when I ended up being chosen as the common counsel for the buyer and seller of a large real estate transaction, I asked the seller-client (who had approached me first) that aren’t you worried a common lawyer may find a middle path rather than fight for your side? His reply has stayed with me since: there is never a good contract with a bad counterparty and never a bad contract with a good counterparty. A clever lawyer is one that doesn’t miss the woods for the trees. Stay focused on why that transaction is important for your company and thereby make the right legal calls for the longevity and success of the business.
As a seasoned counsel, my approach is not to treat the negotiation room as a war zone. Rather take it as an opportunity for parties on both sides to negotiate in good faith and with the objective of finding the best workable solution for any deadlock in the commercial imperatives. Having worked on several transactions in my career, I have realised that a deal can take a life of its own and it is very easy to get caught in the vortex to make the deal happen. However, knowing when to keep going and when to back off from a transaction is a critical skill to cultivate. “Sometimes your best investments are the ones you don’t make”1.
As a jury member for awards recognizing Alternate Investment Professionals in India, what qualities or achievements do you look for in professionals that make them stand out in the field of investments and legal advisory?
When Aditya Gadge of Equalifi reached out to me to be a member on their jury for “40 under 40, Alternative Investment Professionals in India”, it felt like coming of age and as if we the jury members were handing over the baton to the next generation stars. The nominees definitely lived up to this expectation. The nominees had dedicated years to their respective fields with passion and had strived to make a mark for themselves.
The qualities that I appreciate are: consistency in performance, staying focussed when faced with a challenge, ability to spot opportunities and own the space, and bias towards quality in execution. For professionals in the legal and compliance function the qualities that will make them stand out are: solid foundation (educational / practical training), ability to navigate the grays, a strong backbone to withstand pressures/not take short term calls, foresight to spot legal/regulatory changes on the horizon and impact on the company/business and having an affable personality.
Being a member of SEBI’s Working Group on AIF Regulations and other regulatory committees, how do you see the evolving landscape of investment regulations in India, and what role do you think legal professionals play in shaping these changes?
There is no doubt that we are functioning in a complex and dynamic legal and regulatory environment. Change is the only constant. Laws are being redrawn, regulations are being upscaled and regulators are being conferred with enhanced powers. It is no surprise that in such a scenario, the experienced senior and her freshly minted lawyer are reading the new law at the same time!
Legal professionals play a pivotal role in such times. Legal acumen and clarity in drafting are the two key skill sets that a legal professional brings to the expert group / committee. With her experience, the legal professional can also help the ministry / regulator sift through the clutter and narrow down the mischief that needs to be addressed through the new law or regulation. The new law / regulation needs to address the ostensibly contradicting objectives of keeping the industry in check (from malpractices) and support growth of the industry. Thus, being effective through the policy drafting process becomes very important.
Unfortunately, clear drafting is becoming a dying art. Have encountered many lawyers accessing the myriad library options and walking the easy ‘copy-paste’ path. There was a time when our seniors would dictate complicated clauses off the top of their heads. The technological advancements and legaltech solutions have unfortunately stymied the creativity and thinking on your feet skills of young lawyers.
You transitioned from working at a law firm, Nishith Desai Associates, to joining Kotak Investment Advisors Limited. What factors or considerations influenced your decision to make this switch, and what notable differences did you experience in working with a firm versus working directly with a company like Kotak?
My primary reason for the transition was to learn the industry from the inside. As an external counsel, you are sometimes like an ‘armchair advisor’. You provide the advice, give the pros and cons of each option and you move on. What makes your client chose one option versus the other, how the risk chips stacked up for each scenario and finally did the option yield the desired result or not – are all unknown to you as you have already shut that file and moved on to the next deliverable on your to-do list.
Joining Kotak gave me that opportunity to learn the business side of asset management industry. Building and growing the business by standing shoulder-to -shoulder with the leadership made me the business lawyer that I am today. I am privileged to have worked across multiple business / economy cycles impacting this industry. There are lawyers I have heard say, “in my experience….” but most of these have not had any practical experience and are merely shooting off theoretical knowledge as experience. If one is serious about dedicating their professional life to a particular specialisation it is imperative that one sees that industry from the inside-out.
“When you come out of the storm, you won’t be the same person who walked in. That’s what this storm’s all about.”2 – so is the case with going in-house. You come into your own – you are a sharper lawyer and decision-maker, you can provide 3600 analysis of the issue at hand (legal, tax, regulatory, compliance, governance, risk and probability of success if challenged), and you eventually build your own name/brand within your company and the industry. For all those who have asked me the question, should they try an in-house role, my answer has always been – just do it, you won’t regret the decision.
Having navigated through prominent roles at Cyril Amarchand Mangaldas and IDFC Alternatives, what unique insights or perspectives have these experiences offered you, shaping your journey and imparting valuable lessons to enhance your growth as a legal professional?
I joined Cyril Amarchand Mangaldas (CAM) after 10 years of being in-house. Hence, I will admit I had my apprehensions. However, I buckled up for the ride, decided not to look back until I had achieved a short-term goal that I had set for myself and thereafter it was as easy as getting the hang of building your Lego masterpiece! Through my stints at each of my law firms and employers, the learnings I have gathered are:
Hire wisely: Take your time to find the right mix of professionals to be on your team. A team is as strong as its weakest link. When you hire right, the members will up the game for each other, will learn from each other, will work collaboratively and create a lasting professional camaraderie. The corollary also implies that you need to let go of the one that don’t make the cut, bring the morale down or don’t work as one team.
Be generous with your time: not just with your clients but also your team. The clients and team are your twin responsibility as the team head. You need to make time and effort to understand them well in order to succeed.
Learn-Unlearn-Relearn: keep an open mind. There are learnings to pick up from every interaction. When tackling a challenging matter, empty your cup and restart to find the right solution for the client. When juniors are going through personal challenges, be kind and patient. If the junior is a sound and committed lawyer you don’t want this talent to get lost, be supportive and collaborate with her in navigating the path.
Don’t indulge in a race to the bottom: Don’t compete on price. When you know your expertise and experience lead to a superior output then command that premium. Work with the people who will pay the value for your worth.
Clarity and forthrightness: Provide clear view based on fine reading of the law and supported by appropriate underlying research. The number of “should” opinions are increasing, so what is the client getting from such opinions. Another one of my favorite quotes is: contradictions don’t exist, check your premises.3 Do your best in navigating the greys and narrowing down to the right answer / solution. Stay your ground and don’t compromise.
Don’t get complacent: “On a stone that doesn’t roll, moss grows certainly”. Keep investing in yourself and your intellectual growth.
With over 25 years of experience, you’ve witnessed the evolution of the legal landscape. Could you share some challenges you faced during your early career, and how do you perceive the changes in the education system and internship opportunities for aspiring legal professionals today?
I neither came from a family of lawyers/judges nor did I spend enough time at law college as I had to hurry back to work post lectures. I remember bungling my first (and only) moot court appearance! I learnt the ropes along the way. From education system wise, some of the law schools are doing an excellent job at building the foundation of sound legal knowledge in students. However, the ‘business’ of education comes in the way at times and churning out graduates in large numbers takes over. Law firms too hire 100-200 students from law schools and throw them at the deep end of the pool. The legal fraternity then loses talent as either the young minds burnout or leave the profession due to lack of mentors, sponsors or support in carving their own niche.
Currently, there is an evident short supply of talent in the middle (5 to 10 years PQE) segment. Most corporates are hesitant as in the short internship stints one is neither able to extract value nor make effective use of an additional resource. However, it is imperative for corporates to take on the ownership of providing more internship opportunities and these opportunities could be created not just in legal and compliance functions but also in the business teams as it would be a wonderful opportunity for the young minds to be exposed to a ring side view of corporate India. To the students, my advice is to do as many diverse internships as possible. Don’t box yourself too soon, in one field or another. Try out multiple fields/businesses/practices, you may or may not choose that field eventually but the learnings you will gather would be transportable and will stand you in good stead.
You’ve been recognized in various lists, including BW Legal World’s Top 100 General Counsel Power list. What does such recognition mean to you, and how do you think it contributes to the representation of women in leadership roles in the legal domain?
Being named on the BW Legal World Top 100 General Counsel Power List 2022 was a very humbling and rewarding experience. When one’s work is validated by a jury of eminent seniors from your field and you stand amidst peers that you hold in high esteem, it works like a booster shot and makes you power on with renewed energy. The women comprised ~ 35 out of the Top 100. Surely, there is scope for many more women professionals to make their mark in leadership roles. May our tribe increase!
Improving the representation of women in leadership roles in the legal domain requires concerted efforts to not lose talented women. To begin with, recognising that most women professionals still carry a disproportionate burden for domestic deliverables despite both spouses having similar demanding jobs. She goes through phases where going the family way, rearing the kids and providing elder care will raise demands on her time. So long as the woman professional is committed to career, it would be helpful to provide flexible options / customised solutions with respect to role, office timings or pace of career growth. Another solution would be to provide a path for women to return to fulfilling roles post their career breaks.
Apart from your professional achievements, we’re curious to know if you have any hobbies or interests outside of the legal world. How do you unwind and recharge outside of work?
While my professional work satiates the left side of my brain, my hobbies leverage the right side of my brain. Hence, if I wasn’t a lawyer, I would have been an artist. I enjoy dabbling in acrylic and oil painting (on canvas) and generally indulge in creative projects around my house. I enjoy music and in fact when tacking a badly drafted document, I switch on my playlist and hack through the document at the beat of my favorite songs! Being a Mumbaikar has also been a boon, as I love going for longs walks along the sea face after a tiring work-day as the cool sea breeze and hum of the city immediately recharge my batteries.
The legal profession is constantly evolving. What advice would you give to young legal professionals who are just starting their careers, especially in navigating the complexities of corporate law and investment funds?
A lawyer’s life is not easy. It is a demanding career and my first piece of advice is don’t venture in this field unless you are passionate about law. Choosing to be a lawyer because it is a safe financial bet will lead you to disengage very soon and you will end up dragging yourself to work unhappy and bored. You will achieve your true potential only when you enjoy what you do. If you are a good lawyer, you can distinguish yourself from your herd of fellow lawyers by being curious, reading the text of law / regulation thoroughly, challenging the premises, researching underlying legal principles and absorbing from the conversations when participating in clients meetings / leadership meetings.
There is no textbook / handbook on the funds industry. So, the more time you invest in learning about the industry the better lawyer you will be. Invest time reading about the industry players (there are many corporate biographies / founders biographies), understand the business of investing, research the legal structural options in India and across the globe, study the commercial clauses of fund documents closely, understand the trends / preferences of capital allocators (investors), get an exposure to work in other jurisdictions, and research on laws/regulations (and their evolution) in relation to the funds industry in other countries. When in doubt, ask for help. Reach out to your partner and request time to discuss and understand better your work, your work output and ways in which you can improve and grow. Further, attend training sessions conducted by industry bodies (e.g. IVCA, CII, FICCI etc.) and above all network and interact with lawyer peers as well as peers from within the industry. Lastly, when you become successful and reach the top, remember to send the elevator back down for the others i.e. be a patient mentor and guide to your juniors.
1Donald Trump, in the article available at https://www.niveza.in/stock-news/learn-investing/sometimes-your-best-investments-are-the-ones-you-dont-make-donald-trump#:~:text=Sometimes%20your%20best%20investments%20are,don%27t%20make%20%2DDonald%20Trump
Can you take us through the decision that inspired you to pursue Law, and were there specific experiences during your college years that solidified your choice? Additionally, could you share some insights into the challenges and learning experiences you faced after graduating and entering the professional world?
I come from a family of lawyers. My maternal grandfather transitioned from being an advocate to an actor, my maternal aunt served as a district judge, and my mother currently practices as an advocate at the Madras High Court. Witnessing their successful professional journeys inspired me to proactively pursue a career in law.
Upon entering college, my conviction deepened as I realized that a legal career is not merely a job but a contribution to every aspect of the economy and decision-making on a broader scale. After graduation, the corporate world presented a significantly broader spectrum of challenges compared to my college education. The requirements were practical, and the expected results were focused on solutions. The corporate arena demands legal professionals to be integral to the success story, acting as the missing piece of the puzzle and more of an enabler than merely identifying legal gaps.
As a newcomer to the corporate world, I found myself needing to unlearn certain aspects of my college education to become a business enabler. This involves a shift from a focus on theoretical legal concepts to practical application, spanning areas such as contracts, negotiations, and risk mitigations.
Your journey in the legal field has been diverse, from handling technology law to medical devices and compliance. Can you share a pivotal moment or case that significantly shaped your career and approach to legal challenges?
Initially, my entry into this different vertical wasn’t a meticulously planned approach; rather, it stemmed from the pressing need to proactively comprehend numerous unknowns. The turning point occurred when the legacy company where I served as an in-house counsel decided to venture into the medical device division. In a global competition, the company achieved a significant milestone, further propelling its growth.
As we endeavoured to commercialize the medical devices, I found myself navigating through various legal and regulatory compliances, encountering escalating complexities ranging from licences to white labelling and obtaining necessary approvals from regulatory bodies. This pivotal experience crystallized the realization that commitment and resilience are pivotal exponential factors in shaping a successful legal career.
Given your expertise in Data Privacy Laws, could you share some insights into the evolving landscape of data protection and the challenges tech companies face in ensuring compliance, especially in a rapidly changing digital environment?
As the economy and services extend beyond borders, the same is true for the transcending nature of personal data. While data privacy laws within specific territories may appear intact, the implementation of jurisdictional laws and allied regulations poses a considerable challenge for mid-size companies. These organizations are required to allocate significant capital expenditure and manage increased operational costs while ensuring the seamless flow of cash within the company.
Regardless of size, companies engaged in handling data find themselves compelled to establish dedicated personnel or teams to meet the ever-growing demands of compliance. The imperative is to devise and operate within a common framework that aligns with data privacy laws, turning compliance into a strategic undertaking that necessitates synergies across various aspects of the business.
Your role often involves interpreting and providing guidance on various regulations. How do you stay updated on the ever-changing regulatory landscape, and what advice would you give to legal professionals aiming to navigate such complexities?
As a practice, I consistently recommend engaging in brainstorming sessions and actively seeking to comprehend legal and regulatory developments beyond the confines of my expertise. This approach serves as a valuable complement to mental modelling, allowing me to view problems or obstacles from a contrarian perspective. While staying updated on a need-to-know basis is an inherent aspect of a legal professional’s career, attempting to understand issues outside our comfort zone brings a renewed energy.
Breaking down complex problems into simpler steps and approaching them with a pragmatic mindset becomes a more achievable task when one actively explores challenges beyond their immediate area of expertise. This proactive stance not only fosters a deeper understanding of the legal landscape but also enhances problem-solving capabilities within a broader and more dynamic context.
Having worked as a Company Secretary, you’ve been deeply involved in complex acquisitions and cross-border entity structuring. Could you share an experience where your legal acumen played a crucial role in the success of such transactions?
I hold a special appreciation for a particular transaction where my role proved pivotal in the successful spin-off of two USA incorporated entities (Single Member LLC – S Sub-chapter Corporation). The key to this achievement lay in the careful drafting of an agreement, ensuring that the transfer of ownership of the subsidiary company was structured as a tax-free transfer.
This endeavour demanded more than just legal acumen; it required perseverance and the cultivation of a strong rapport, given the involvement of various stakeholders. The compounding effect of collaborative thought processes among stakeholders ultimately yielded a viable solution for the transaction. This experience highlighted the significance of effective communication, relationship-building, and strategic thinking in the legal profession, showcasing the broader skill set required beyond legal expertise alone.
In your role at WebEngage, how do you foster a legal and compliance culture within the organization, ensuring that teams across different functions understand and adhere to the legal framework?
Compared to my experiences with other companies, the legal and compliance culture at WebEngage is distinctive due to the global nature of its services, which span across various verticals. To navigate this diverse landscape, the Legal team at WebEngage adopts a two-pronged approach: process and provisioning.
Provisioning is viewed as an action taken with consensus on urgency and importance, serving as the foundation and building blocks for the overarching framework. It is a dynamic process that evolves with time and experience. Lessons learned, feedback, results, and glitches from provisioning activities become key factors shaping the continuous evolution of the Process, which is the legal and compliance framework underpinning all models and mechanisms.
Crucially, the Process is not bound by time and is designed to be ever evolving. The team at WebEngage acknowledges the importance of embracing change and learning from experiences. An innovative aspect of their approach is the implementation of Janusian thinking—a form of brainstorming that explores the anti-thesis from different perspectives, both within and across borders. This unique strategy aims to make the risk management process adaptable, breaking away from the notion that “one size fits all” and ensuring a nuanced, context-sensitive approach to legal and compliance matters.
Being a Certified Corporate Social Responsibility Professional, could you share your perspective on the role of legal professionals in driving corporate social responsibility initiatives, especially in the tech sector?
Regardless of the profession, my firm belief is that companies have a responsibility to contribute back to society which is complementing and supplementing various aspects of companies within our economy. As a legal professional, the awareness of societal concerns becomes an integral part of my thought process, influencing every action and reaction. Encouraging Corporate Social Responsibility (CSR) initiatives from companies is something I highly endorse to.
The rationale behind this endorsement is that, next to governments, companies wield a substantial driving force in society. They possess the capacity for collective efforts and planned execution, operating with transparent processes when engaging in CSR initiatives. Notably, the technology sector in India, employing millions of individuals, stands out as a major player in this regard. The sector’s vast reach and influence make it a potent force for implementing CSR initiatives on a larger scale, contributing to the betterment of society as a whole.
Beyond your professional achievements, what are some personal interests or hobbies that you find yourself drawn to outside the legal realm? How do these activities contribute to your overall well-being and mindset?
As a personal interest, I have authored a book “JIVA SHAVA SHIVA” which has nothing to do with legal but exploring more into the unknown realm and self-enquiry in a spiritual sense. Apart from that I have trained in a few Martial Arts like WING CHUN, SILAMBAM, MUAY CHAIYYA, an ancient form of MUAY BORAN. I have synthesized this Martial Arts understanding into a new strategy called NITAU.
For college students aspiring to achieve professional success in the legal field, what advice would you give regarding the type of education, internships, or specific experiences that can contribute to their growth and set them on a path to excel in the legal profession?
My advice to freshers is to not specialize at the beginning of their careers. The idea is to cultivate a well-rounded foundation that allows for flexibility and adaptability in various legal contexts. Emphasizing the cultivation of a personalized approach to problem-solving suggests that there’s no one-size-fits-all solution in the legal field. This approach encourages individuals to develop their unique methods of addressing challenges, fostering creativity and adaptability.
Acknowledging that unique experiences and skills acquired throughout one’s career will shape the trajectory. The idea is that each experience contributes to the development of an individual’s expertise and guides them toward a suitable career path. Stressing the importance of approaching work with full commitment underscores the idea that success in the legal profession requires more than just technical proficiency.
Legal professionals are encouraged to act as enablers and solution providers, actively contributing to the success and positive outcomes of their clients or organizations. The holistic approach advocated combines legal expertise with the ability to facilitate and offer solutions. Legal professionals are seen not only as interpreters of the law but as integral contributors to the success story, acting as enablers in various aspects of decision-making. In summary, my advice is to promote a dynamic and adaptable mindset, encouraging legal professionals to embrace a variety of experiences, continually refine their skills, and approach their work with dedication and a solutions-oriented mindset. This holistic approach is essential for success and impact in the ever-evolving legal landscape.
You’ve also obtained certifications and completed higher education in fields such as Company Secretaryship, PGDMM, and PGDIB. In your experience, how have these additional qualifications enhanced your skill set and contributed to your professional growth? And, more broadly, what advice would you offer to students considering complementary certifications or higher education to broaden their career opportunities in the legal field?
Gaining knowledge is one aspect, but the real value lies in understanding how and where to apply it. My experience with additional qualifications enhanced my ability to comprehend the business language while representing the company underscores the practical importance of such efforts.
These qualifications may or may not always directly help, but the process of skill upgrading is not just about anticipation; it’s about broadening the circle of competency. This, in turn, transforms a legal professional from being merely an advisor to a multifaceted individual—acting as a strategist, enabler, and administrator.
My advice on pursuing complementary certifications should be with a realistic view on implementation and application that shall stand valuable. It aligns with the idea that skills should not be acquired in isolation but with a clear understanding of their practical utility in specific scenarios, ultimately making the legal professional more versatile and effective in their role.
You made a transition from a career as a musician and music producer to practicing law, specifically specializing in Intellectual Property Rights. Can you share the pivotal moment or realization that led you to shift your focus to law, and how has your background in music influenced your approach to your legal practice?
Firstly, I did not have a career as a musician. I started playing the keyboard when I was 12 (all thanks to my father), and later taught myself how to play the piano. Eventually, I started writing and composing. I even wrote during my board exams, just letting out my thoughts and experiences on paper. While I wanted to become a musician back then, my parents were clear when they said ‘get a degree’ and then to follow my passion. So, music really did not have anything to do with me pursuing law. Just wanted a degree.
When I was in college, I started playing in a couple of local concerts and worked on a few documentaries/short films for my friends. The two worlds of music and law came together when I was interning in 2012 in Bangalore, and I read about Entertainment and Media Law. The logic was, law is in everything around us, so why not in music? I started finding case laws, scope of the field and how to make a career as a Media and Entertainment Lawyer. I got support from my then senior I was interning with, Mr. Harikrishna Holla, who without a moment of thought, gave me case laws to begin with. Over the next 3 years of my bachelors, I interned at renowned IP firms, with a specific focus on Media and Entertainment.
To be honest, the process of writing, composing, producing music, watching my friends direct, edit or write scripts gave me the behind the scenes experience. This really helped in understanding contracts, and how Copyright works. Today, when I am advising an artist, or just talking to them about their music (because why not), I understand it much more than a few of my contemporaries. The Artists also like it when I do not ask them to explain technical terms.
There’s nothing to complain about, as I am living the best of both worlds and finally I am able to do what I always wanted to do.
As the founder of SIVARAMAKRISHNAN LAW OFFICES, what principles guide your approach to providing legal solutions, particularly in the realms of Business and Intellectual Property Rights?
Before starting my own practice in 2021, I had worked with law firms and media companies. I dealt with both Indian and international clients/entities and when I decided to go independent, I found my place in working with start-ups and individual businesses. I figured that there are start-ups/small businesses with less than 5 employees, and have freelancers or consultants on board serving them in their day-to-day activities, so they might not need a law firm with many lawyers on board.
Thus, I started pitching my services as an IP and Business lawyer, who will not only take care of their IP portfolio or streamline it, and will draft/review contracts for them at a cost which is nominal. Even the businesses understood that there is a lot that can be taken care of with a minimal team and less resources.
One principle I stand by till date is, giving time to the clients. Working with law firms, I saw that the business decisions in big companies are taken internally, and the work that was sent across was limited. On the other hand, small businesses suffer as they do not have anyone on board, thus, I proposed I will attend internal meetings, conduct negotiations for the clients, and advise them based on their vision and future prospects. Till date there are a few clients who take note of this and want my presence or time as if I am part of their management team.
Lastly, most businesses run away from the thought of reaching out to a lawyer. It has a lot to do with the costs they will incur, and the stereotype image of a lawyer/advocate. So it’s better to make them comfortable with the thought that lawyers are essential and bring value to the table. I also tell them that if they start their business properly, the likelihood of them running into any kind of problems when they grow or have an exit, reduces.
All my clients and those who approach me, know how I work. So if anyone is in line with my thoughts, they will stick around. Just give them something extra.
Your experience covers various industries, including entertainment, packaging, FMCG, healthcare, and finance. Among these diverse sectors, is there a particular type of case or client that stands out as the most memorable or challenging for you, and why?
One case does stand out for me, and is still very close to my heart. When I was working with a law firm, I worked on a proposition i.e. ‘Registration of geographical marks’. During the registration process of that geographical trade mark, it was challenging to explain to the Trade Marks Examiners that the mark applied for was eligible and entitled to registration. A similar matter was being heard before the IPAB for the similar proposition, and I was working on that too. Unfortunately, the order was unfavourable and we had to file a writ petition before the High Court of Delhi. With little to no experience in handling a litigation matter, I was given the task to draft it, and research for the proposition.
I still remember I researched the changes in the Indian Trade Marks Law from the 19th Century till then, and also learnt how the common law developed internationally. I struck gold when I found a similar case which was decided by the UK Intellectual Property Office. It felt amazing to have found at least an explanation to the proposition, and then began the process of drafting the Writ. We finally filed the Writ Petition and got a decently favourable order based. That was my first litigation experience.
My key takeaways from this experience were; 1) that part of being a lawyer/advocate is to think out-of-the-box most of the times, and that’s how the law remains dynamic for the times to come; 2) I learnt how a matter is filed and presented before the Court; 3) gave me confidence in dealing with challenging work. Today, because of that amazing experience, I am advising other Advocates in IP matters as an external counsel, and also helping businesses solve their issues from management structures to business proposals.
For me, the major credit goes to my seniors who had my back at that time.
Congratulations on being credited as the legal advisor for the feature film “Chitrakut” (2022). Can you share your experience working on this project and any unique challenges you faced as a legal advisor for the film industry?
Thank you, I ticked it from my bucket list. The film had already premiered at a film festival, and the Producer/Director of the film reached out when they were editing the film for the big screen. That’s where I worked closely with the production team on their rights and interests in various assets of the Film. We negotiated and entered into various film distribution, music distribution and rights management agreements, among other things.
The best part was it was the Producer’s debut film, and so was mine (as a lawyer. There were back to back meetings and research that I had to take up, to ensure that the project sails smoothly. It was an amazing experience to see my name up on the big screen, and I still thank them for allowing me to be a part of it. That opened the doors for similar projects.
I think if I have to pin on something as a challenge, it would be the fact that I worked on it alone, independently. I had only been independent for 2 months before I began with the project, so this was a good boost. I am surely waiting for more projects.
You’ve worked closely with Bollywood singers, musicians, and publishers. In your experience, what are the current challenges and opportunities for artists in the music industry, especially concerning royalties and benefits?
It’s unfortunate that the term ‘Royalty’ has been glorified so much that the artists feel that’s the only point of concern for them. They can’t be more wrong, as royalty is only one stream of revenue for them.
India has thousands, if not lakhs of artists in India, who are day in day out writing, composing, producing music, collaborating with other artists, but I bet majority of them do not think of it as a business. Sadly, many of them are not even registered with the IPRS (Indian Performing Rights Society). I personally believe many of them believe in fame or celebrity status, or want to be signed by a which is not wrong, but only a tip of the iceberg. If history has shown us anything, it all fades away, for most of them.
How does one resolve this? Artists need to start learning and understanding the concepts of publishing, revenue share and most importantly about their rights. I am pro towards curriculum which teaches artists about the music business, but many of them are still unaware of the insights. I have been working with artists who come from small towns, and they had never dealt with contracts. Some even started using ChatGPT and don’t have any idea about what they are signing.
Today, there are many YouTube channels, podcasts, articles, etc. which share a lot of information on ways to scale your music career. I even know artists in my peers who have taken up certificate courses in media and entertainment law. Even if someone cannot learn due to their limitations or circumstances, there are lawyers, managers, freelancers, and even senior artists who are ready to assist them with their issues.
Lastly, there are associations such as MCAI – The Music Composers Association of India, IMI (Indian Music Industry), ISAMRA (Indian Singers And Musicians Rights Association), among many others, who are not only providing information to artists, but they will get access to a community.
I have coined my 3C’s, 1) Create; 2) Contract; 3) Collect.
As someone who believes in making an IP conscious India, how do you break down complex legal concepts to make them more accessible, and what steps do you think are crucial for increasing awareness of intellectual property rights in the country?
Since the time I was introduced to IP in my second year of law school, I saw the world differently. I always say this, ‘IP is in everything’, whether it’s the phone, website, content, chair, to medicines. And how many people would actually know that they have created IP? Do they exploit it effectively?
In the past 3-4 years I have uploaded and written content on specific topics on social media. I answer questions on Quora, and don’t look at it as a platform for lead generation. There are some very interesting questions that are posted there by people, which shows how aware they have become about their rights. I see a lot of informative content from my contemporaries on social media.
I never intended to make an IP conscious India on my own. It’s impossible and foolish to think that I could. So it becomes important that the future generation of lawyers know the kind of opportunities that lie in the field. I have taken up opportunities to conduct workshops/seminars in colleges, both offline and online, where the students get a hang of what they can do in the world of IP. Even if I am able to make an effect on 2 out of 100 students, I consider it a job well done. Some of the students who interned with me have gone out and shared knowledge and information to others around them.
Effective resources and courses for non legal businesses are important. IP Law is already part of many creative education programs, but there needs to be more conversation on them. Conferences, online seminars, interviews, Q/A rounds, etc. are being done and have to be conducted by many more people.
In addition to your legal practice, you’ve conducted seminars in colleges to provide a unique perspective on IPR. What motivated you to engage with students in this way, and what message do you aim to convey to the next generation of legal minds?
I learnt and perceived law in a different way. I was not academically strong, and I would give credit to the places I interned and worked for what I have learnt. My approach to law was defined by the practical aspects. I understood music so it became easier to understand the process of creation and distribution of the songs. I focussed on what was happening in the media and entertainment industry, understood the business before I advised a client.
Most of the students, till date, think that one has to become an Advocate to have a decent career in law, which is so not true. I have hardly done any litigation, and I have found so many avenues to curate my practice today. I am an advisor, consultant to the management, personal manager to artists, and even deal with their royalties. So why not share the way I did?
Time to time I have spoken at webinars, seminars and workshops for colleges, and I aimed to share information on practices which are not commonly heard of. To keep things interesting, I share cases or instances which the students can easily relate to, which eventually peaks their interest. My advice to young minds has always been to look beyond what they see. Again, law is in everything, so definitely there is something for everyone. You could be an artist manager if you’re into music, or work with production houses if you’re a movie buff, book readers can review scripts (yes, lawyers do that), people with an inclination to managerial positions can be part of a company and fix it from the inside. It’s just a matter of time before they figure out their interest and start working towards it.
Your journey involves working with renowned law firms and companies, including your tenure at Showbox and 1 Sports. How has your experience working in these different environments shaped your understanding of the legal landscape, especially in the media and entertainment sectors?
I saw a stark difference between the practices lawyers have to take up when they are at a law firm or at a company. I feel that in the field of IP, the experience in a law firm is dependent on the portfolio that you are alloted whereas, at a company you’re like the legal part of a brain. At the law firm, I got to work on different kinds of trade mark matters for clients from various industries. But at the company I got to know the internal decisions of brand creation, as I got to work with various departments. It helps a lot and gives one an edge when they work closely with the business. Some are in fact able to achieve it working at law firms.
At Showbox, I could interact with industry professionals such as A&R (a concept I came across for the first time), and worked on creation of different IPs for the channels. At 1 Sports, I got to work on Distribution deals for the channel along with broadcasting agreements. In short, I not only understood and drafted , but saw most of them practically happen in front of my eyes.
The icing on the cake was to meet artists.
Looking ahead, you mentioned working on a model for IP Asset Management. Could you provide a glimpse into how this model aims to benefit individuals and businesses in effectively managing their IP portfolios?
In the past two years I have come across clients with different sizes, revenue, and approach to business. But there was one thing common in most of them. They don’t understand the difference between ‘registering a trade mark’ and ‘creating a brand’. That’s where I bring my expertise and resources.
A business might already have an IP attorney on record, but creating a brand is an internal process, and usually a lawyer is not engaged by the company except during coining the trade mark. But, have they determined their IPs? In most cases, no. So, this becomes my chance to become a consultant for the Company, for a short period of time, where I would shortlist their IPs, make sure appropriate applications have been filed, rights and ownerships are in place, and finally, they are streamlined so their regular lawyer can take care of it.
It’s purely an IP analyst kind of a position, with no intent to solicit clients. I have already done this for 3 clients last year, and that’s how I came across this idea. From what I see, this is beyond the generic IP registrations services. The whole process to build a deck on it is still pending, but the work has already started for my regular clients.
On a lighter note, outside of your professional life, do you have any hobbies or interests that you find particularly rejuvenating, and how do you balance your work with personal pursuits?
I have a piano at home, which I would switch on and start playing random songs, latest or old ones. Sometimes good compositions come out of it by accident. I write poems too.
As a kid I was a bookworm, which I couldn’t keep up when I started working. But for the past two years I have managed to finish around 15 books each year. I know it might not seem like a lot, but I am glad I could catch up on that childhood interest. Past 6 months I have read a few non fiction books, which have really helped in my management, negotiations and people skills too.
Being a sole practitioner, I have some freedom and control over my time. I can decide the clients I onboard. Sometimes I push the brakes on a random weekday, only to watch a movie and not work. I hope my clients don’t read this!
But there are consequences of habits too. My family might complain that I sit late at night to work, while I have the day to keep things light. Now, as I am growing older, I have realised that health is important and there has to be a system to keep everything from work to life in check.
Everything is fine till it’s kept under control.
I would really like to thank Team Superlawyer, especially Namrata for reaching out. It has been a pleasure answering the interview questions, which have been well crafted. I think I can take this off of my bucket list!
Your family has a rich legal legacy, with your grandfather being the first Advocate General of Uttarakhand. How has this legacy influenced your journey as a third-generation lawyer, and what values or lessons have you carried forward from your family’s legal background?
I have always been around lawyers at my house and have had the opportunity to be inspired by my grandfather and my father. My grandfather always used to tell me that all I can give you is the family name and the rest is upon you what you make out of it, so till date, I’m trying to live up to his legacy and be a better lawyer every day. The lesson I have learnt is that hard work is the key to success no matter what generation you are if you don’t work hard you will not get work one needs to constantly keep working on his advocacy skills and perform better every day.
Transitioning from a small law firm to establishing your own practice is undoubtedly a significant step. Can you share a memorable experience or a turning point in your early career that shaped your approach to building your practice from the ground up?
I learnt the basics of drafting and working with a small team at the law firm. I still remember my senior used to always ask us where do you see yourself in 5 years and I told him that I see myself as an Advocate on Record at the Supreme Court of India, so that was my manifestation and somehow with the grace of god I could achieve it in my first attempt. Thereafter I started hustling and doing small matters at the trial court and kept working constantly at honing my drafting and argument skills. I would like to especially thank Adv Dattatrey Vyas who was my immediate senior in the law firm for constantly helping me by vetting my drafts and guiding me through the drafting process while I was at the firm and later when I was away. I think I was lucky to have good mentors like Adv. Anurag Tomar who gave me constant opportunities to argue and appear before various forums right from the beginning of my career which paved the way for me to argue matters before the Supreme Court of India. One of the few instances I remember is while arguing an admission matter before a division bench presided by Justice Gyan Sudha Mishra at the Supreme Court, it was a MACT matter and I argued all the aspects and informed the court about the injuries on the lower part of the left leg of the petitioner, the court after hearing me asked about the exact part of the leg and the nature of the injury which at that point of time was not very clear in the documents as there was some medical term used which was not known to me or the court. The court then passed over the matter to enable me to take instructions about the same and eventually when the matter was heard I was able to answer the query of the court and notice was issued in the matter. The lesson I learnt is that one has to be well prepared from all aspects of the file no doubt you may have read the file, but one has to be careful about every minute detail depending upon the nature of the case being argued.
You’ve been practicing law across various courts, including the Supreme Court of India and the National Green Tribunal. How do you manage the dynamics of different legal forums, and do you have a preference for any particular type of cases?
Practicing across various forums can be tiresome at times as we have a lot of running around to be done apart from the preparation for the matters to be argued at various stages. But having a good team of associates around who help ease the burden by holding the fort while I can travel from one court to the other at times. But yes we have over time developed an effective way of taking separate dates for various courts so there is no clash between cases. But I constantly motivate my juniors to start arguing applications before the trial courts or tribunals so that they build up the confidence and eventually pave way for them to start their own practise later in life. Though I am most comfortable at the Supreme Court of India, but yes I love appearing before trial court and have had the opportunity of appearing before Trial courts and High courts across states like U.P, Uttarakhand, Punjab etc. There is a whole lot of thrill in the process of cross-examination which I truly love about trial court advocacy which requires a different skill set especially compared to appellate court advocacy and appearing before trial court is always enriching.
As Counsel for the State of Uttarakhand at the National Green Tribunal, you’ve been involved in cases related to environmental issues. How does your role contribute to your personal commitment to environmental sustainability, and do you have any personal initiatives in this regard?
I have been on the panel of State of Uttarakhand at the National Green Tribunal, Principal Bench Delhi right from 2017 and have been appearing regularly. After the retirement of Retd Justice Swatatantra Kumar from the post of Chairperson the approach of NGT of dealing with matters had changed drastically as they started the process of letter petitions the filing of Original Applications came down drastically and reduced the role of counsels to a large extent which in one way made the court more accessible to the common man, but yes the role of state counsels and other counsels was reduced to very minimal until and unless a specific response was called from a particular authority on an issue. Rest we keep assisting courts as and when we are called upon to file Joint inspection reports or filing responses and explaining the stand of the authorities. Further with regard to my personal view on sustainability I as an individual try to save water and electricity and follow basic civic rules of not littering around on highways or public roads etc. I think if all the citizens of the country follow these rules strictly then our country will be a much cleaner place. I think awareness amongst people about waste management can take our country a long way towards environmental sustainability.
Balancing criminal trials along with civil trials is not common among lawyers. What motivated you to diversify into criminal trials, and how do you approach the unique challenges they present?
As I have already mentioned my love for trial court advocacy, especially the part of cross-examination of a witness, so I have done my fair share of civil trials and Criminal Trials under section138 Negotiable Instrument Act cases and had never thought of delving into criminal trials but, recently in 2021 one client approached me for conducting a criminal trial under POCSO Act at Ghaziabad Sessions court, after going through the file and as the matter was at evidence stage in the peculiar facts and circumstances I took up the matter and eventually the Prosecutrix a 11-year-old girl went hostile which led to the conviction of my client after the incarceration of 3 years. My experience in this trial was worth sharing first and foremost is the non-adhering to the basic principles of an In-camera trial as envisaged under the Section 37 of the Protection of Children from Sexual Offences Act 2012, though the same is followed to the teeth in the trial courts in Delhi, but I was shocked to see that the evidence of the prosecutrix including the examination in chief and the cross-examination was all done in open court.
After this trial, I have taken up a few more matters including a trial under SC/ST act before the Rohini Court and another matter under section 376/354 of the IPC on behalf of the accused before the Dwaraka Sessions Court. But, yes for the readers I have to clarify that while I have taken up these matters I did thorough research on the subject matters of these cases and did a lot of consultation with senior colleagues who have had long experiences in handling these matters before the trial court, it is very crucial that we know the finer nuances of such trials before we start conducting one as life and liberty of person depends on us.
Apart from this some basic things that I felt were a problem in other states was the lack of judicial infrastructure like stenographers for judges and in some courts, the courts even didn’t have a computer system. I think little changes in the whole justice administration system would affect the quality of the justice being delivered across all courts, especially trial courts.
Your 45-day judicial internship with Justice Dalveer Bhandari seems to have been a turning point. How did this experience influence your perspective on legal practice, especially in the Supreme Court, and set the course for your career?
The internship with Retd Justice Dalveer Bhandari is where it all started and it was my first experience at observing the practice and procedure at the Supreme Court of India. I along with my friend had the special privilege back then to join this internship as then the clerkship and the internship program was only for the students of the National Law Institutes and we would have had no chance at getting the internship if our Professor Ms Deesha Meshram had not provided us this opportunity. We were in our 8th Semester of 5-year Integrated law Course and had the basic knowledge of the subjects such as CPC, CRPC, Evidence etc, but this internship changed our perspective. During the internship our tasks included reading briefs of admission hearing matters and preparing a brief note and then finally presenting the matter before Justice Bhandari just like we do now in the Supreme court before the Hon’ble Judges, he would then ask us basic questions about the case about findings in the trial court judgement and things like issue involved etc. This exercise majorly helped me to see up close how the mind of a Supreme judge works and a brief idea of the kind of queries that can entail in a fresh matter. Our tasks also included providing the law clerk with research materials in the after-notice matters apart from observing the matters that we had briefed sir on being argued in court. It was truly an enriching experience and it was only after this internship that I made up my mind about settling down in Delhi and practising before the Supreme Court of India. Some of my positive takeaways from this internship were learning the basic skill of reading an SLP and the relevant papers, preparing a note and relevant case research on the subject matter and knowing how the synopsis and list of dates play a very crucial role in the fate of the matter before the Supreme Court.
You’ve represented organizations like the National Institute of Technology, Srinagar (Garhwal), and provided litigation support to companies on a retainer basis. How do you navigate the dual role of legal advisor and litigator, and what challenges and rewards come with this multifaceted approach to legal practice?
Over the span of 12 years of being a litigator i have had the opportunity to represent many corporations and companies before various courts some of them would be Uttarakhand University, NIT Uttarakhand,Transunion CIBIL, Carnival Cinemas etc. the key to working with big organisations and corporations is timely delivery of work and adhering to high professional standards. I completed my 1-year Post Graduate Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkatta in 2016 which helped me equip myself with practical skills related to business laws. Later in time, I ventured into providing my services on the advisory side related to Contract Drafting and allied services related to day to day functioning of the companies so that the companies could avoid or at least try to keep their disputes and litigation to the minimum. Time management and organising the work schedule between courts and the advisory work is the key to balancing the work between both the fields and rest having a good team to assist me helps me a lot. The benefit of playing the dual role of litigator and legal advisor helps one to broaden one’s horizon and then you are never short of work.
In addition to your legal responsibilities, you’ve represented the Cricket Association of Uttarakhand. Are you an avid cricket fan yourself, and if so, do you have a favourite cricket memory or player that you hold dear?
I like the game of Cricket and follow all the major tournaments, IPL etc., but no I have not played cricket at any level as such. I have been appearing for the CAU before Uttarakhand HC, District Courts and before the Hon’ble Ombudsman which is an internal dispute mechanism at the Association. Associating with the CAU has also been a great learning experience in getting to know the nuances involved in the cricketing field and kind of dispute and the resolution process before the Ombudsman which all is done in terms of the Constitution of the Association which is framed under the aegis of BCCI.
Clearing the AOR exams is a significant accomplishment. How has being an Advocate on Record at the Supreme Court impacted your career, and what advice would you give to aspiring lawyers aiming for a similar milestone?
As I mentioned earlier, clearing the AOR Exam was my dream from the day I started practising because I had fair knowledge about the role that is played by an AOR in the Supreme Court of India through my previous internship experience with Retd Justice Dalveer Bhandari. Nowadays we see a lot of people who have not practised at the Supreme Court or intend to practice at Supreme Court think that it’s crucial for one to be an AOR to appear before the Supreme Court which is not the case. The fact of the matter is merely clearing AOR exam doesn’t help one start practise at Supreme Court, but yes my advice would be that one should join some chamber and get to know the basic procedures of the court and functioning of the court and then try to clear the exam it would really help to make the mark may be in your first attempt. Further with regards to the exam I would advise all those who are preparing to start with the Supreme Court Rules and practising drafting petitions on paper as with the advent of computers we are more used to typing on our laptops you may be thorough with drafting but it’s really a difficult task when comes to doing the same manually, so the key is to try and time yourself in solving the previous year’s drafting problems that will give you an edge while you write your paper. My last word of advice is that try and keep the presentation of your answer neat considering the time you have to write the paper and answer all the questions.
Varun, it’s a pleasure to have you for this interview. Could you please introduce yourself and share a bit about your journey and your current role as the Global Head of Legal and Business Solutions at Lighthouse Canton?
Thank you for inviting me for this interview. I began my legal career back in 2007-08. Predominantly, I have always been a law firm lawyer before joining Lighthouse Canton as their Global Head of Legal and Business Solutions. I would bifurcate my career into two parts wherein the first part was spent at Dua Associates where I began as an Associate and continued for almost a decade. Thereafter, I was a Partner at PSA Legal Counsellors, and Desai & Diwanji, respectively. At Lighthouse Canton, I oversee the legal function, which is self-explanatory. The other function that I oversee is business solutions, which is essentially at the heart of the wealth management business of Lighthouse Canton, which has 2 main businesses wealth and asset management. While legal has a broad range and would cover arrangements on asset management, HR and myriad other areas across the organisation, business solutions cater to HNIs and UHNIs who are on the lookout for niche tax/other structuring solutions, setting up an offshore family office, flipping their current structure, succession planning solutions and so on.
Varun, you pursued your Master of Laws (LLM) at NYU in New York and now hold a prominent position in Singapore. How did your education in the U.S. influence your career path, and what prompted your move to Singapore?
Education in the US is an incredibly enlightening experience. Not only is the method of instruction different from that in India or England, but the culture and approach towards education per se are distinct. The focus is on discussion, rationale, understanding and analysis, and your age or current vocation does not matter. There is no limitation to acquiring or enhancing one’s skill set. Ideally, I would have liked to work in the US for some time at least. But as they say, man proposes and God disposes. Shortly after I began my LLM program the world was hit by something called the subprime mortgage crisis, a global recessionary situation wherein the US was the epicentre of this economic earthquake, and I was one of those right in the middle of it. That apart, the US, especially New York, teaches you a lot about life in general. One of those things is self-reliance or sufficiency. If you are open to the idea, you could discover yourself in such a situation. Let’s face it. The LLM program at a premium varsity abroad is expensive for the average person. So, one would like to procure a work opportunity in the US to obtain exposure and recover the hefty tuition unless one manages a scholarship. The latter was on my agenda, but that discussion is for another day, I guess. Law firms in the US are extremely professional. Thus, even rejections to my request for placement were kindly worded and came to me in sealed envelopes. Other than the fact that you are away from home/family, an existing economic crisis only has a compounding effect on one’s self-esteem. However, sometimes, such a situation only makes one stronger, and it’s not in my DNA to give up easily. Thus, I took everything with a pinch of salt and made my way back to India. To clarify, Singapore was not on my agenda then.
Can you share insights into adapting to the legal and business environment in Asia after your experiences in the U.S.?
Honestly, the first time I thought about Singapore as a place where I could work and live was when I was transiting from Singapore for a holiday in 2015. The layover was longer than usual for some reason, so we opted for the free city tour that Singapore Airlines does from the Changi airport. It is an interesting tour for someone who has never been to Singapore. I had already been here twice and thought that I was aware of the city, but things were to change. The island country had changed a lot from the days when Orchard Road was the city centre and the Merlion stood tall at Sentosa. Now, there was a thriving central business district at Raffles Place/Collyer Quay and the city had transformed itself in more ways than one. So, yes, the thought did cross my mind, but I was too preoccupied with what I was already doing so I did not follow through. It was only in 2021-22, when the opportunity with Lighthouse Canton came along that I put my mind to it and began a detailed investigation into the possibility of moving to Singapore. Singapore and the US are very different from each other. One of the major factors is the sheer size, demographics, and population of the respective countries. There is no second-guessing about Singapore’s position as the financial hub of Southeast Asia. Further, the law and order promulgation, enforcement, political stability, and swift and efficient judiciary make it a force to reckon with not only in Asia but also in the world. As Singapore is a common law country, the basic structure of all laws is like other common law countries with subtle nuances to the same. The banking and finance industry is at the centre stage and almost all global corporations and conglomerates have a significant presence here. Honestly, the pressure to deliver never changes if you take your work seriously and have the desire to grow personally and professionally. So, while there could be a difference in approach, there is no compromise on quality.
You’ve had a diverse and extensive career, ranging from private practice at law firms to your current global leadership role. How has your journey, including experiences at Desai & Diwanji, Priti Suri & Associates, and Dua Associates, shaped your approach to legal and business solutions?
It has been a rather interesting journey wherein I have worked with two large firms and one boutique law firm. I began my career at Dua Associates, so a large part of my initial learnings came from here. I was fortunate to report to a senior partner with rich experience behind him. While that meant that expectations were always high, I had the opportunity to learn, sometimes by simply observing my senior and some other times by asking the right questions of him. One needs to understand that this process necessarily involves unbiased introspection as otherwise, you will not be able to upskill, improve yourself and identify the chinks in your armour. Further, another important thing is to know what to learn and imbibe and what not to. Of course, that comes with experience, age, and wisdom. By the time I was at PSA, I was relatively senior and joined them as a partner. Also, as it is a boutique law firm, the manner of operations was very different from that at Dua Associates. However, as we were a lean team, everyone put that extra effort to make things happen and sometimes the energy you create in such situations is contagious to others too. It was here that I unlearned some of the things that I had learnt as I identified and learnt some things that were better and contemporary than what I was accustomed to previously. One needs to appreciate that learning is a continuous process and one must continue to upskill themselves and sync with the present. While I had already begun the process of developing my own book, it was at PSA, that I shifted gears and opened my mind to different possibilities at work. Working at both these wonderful organizations gave me an insight into setups that were traditional and a heady mix of modern and traditional. My last law firm stint before Lighthouse Canton was at D&D, wherein I worked closely with the other partners. So, yes, I was back to a large law firm setup but the manner of functioning of the organization was again distinct from what I had seen in my earlier firms. As I said, the learning never stops. One needs to be a good observer and listener to identify what should be done and also what should not be done in a particular situation. Working at these firms was an enriching experience that shaped my career for the better and made me a better lawyer and a person.
As the Global Head of Legal & Business Solutions, you provide legal support to wealth and asset management businesses. How do you strike a balance between addressing legal intricacies and facilitating business solutions, especially in the wealth management sector?
Interestingly, there is an overlap between the legal and business solutions functions. As mentioned earlier, business solutions involve providing structuring solutions to HNIs/UHNIs, that are tax efficient. Further, a client may have successional planning requirements, which is akin to private client practice at law firms. At Lighthouse Canton, the main difference is that client requirements will typically mostly be at a global level, unlike a law firm wherein you may still engage in domestic mandates and transactions. Also, at law firms, we would typically engage a local counsel when catering to the laws of a foreign jurisdiction. However, with business solutions, there is an expectation to have a preliminary handle on foreign laws too. For instance, one will have to examine legal regimes across jurisdictions to appreciate the tax impact for a particular client. It is pertinent to note that this will change depending on the situation, objectives, and asset locations of a client. Similarly, succession planning solutions will also require us to assess the best option available globally, to address a client’s needs and objectives. Of course, we will engage with local advisers as and when necessary. Thus, it is fair to say that my legal background is critical in enabling me to deliver requisite solutions to our wealth management clientele.
Your role involves executing wealth management pitches for UHNI prospects, including conglomerates and founders. Can you share an interesting experience or a successful pitch that stands out in your memory?
There have been many such experiences that are worth remembering or mentioning. But one needs to understand that a pitch to provide a solution becomes even more interesting where there is interplay between multiple jurisdictions, or where there is some uncertainty in applicable laws. A classical situation that arose some time ago was when we were prospecting a conglomerate for setting up its family office in Singapore. For this purpose, the prospect would make overseas direct investment/ODI from India under the new route for operating companies in India, as introduced by the legislature in August 2022. Interestingly, while on paper, which is also backed by a law firm’s opinion, this route is still available, practically it is not possible due to certain informal communication to authorised dealer banks, who are no longer willing to allow remittance through this new route. Again, this is one amongst several instances that have been extremely intriguing and interesting.
Among the diverse legal projects, you’ve been involved in, is there one that stands out as your favourite? What made it particularly memorable or rewarding?
This is a tough one. I have been party to many and it is hard to place a finger on anyone. However, let me share one of them for our audience. The thing in legal practice is that favourites will change with time. This is so because at a later point in time, hopefully, one will be more experienced/skilled and the same thing that was interesting once may appear mundane now. In a particular instance, I met someone for a business development meeting at their office. We spoke for an hour about various businesses and issues that the group was involved with and areas where I could help the organization. The meeting was with the CEO himself. About a week after our meeting, he sent me a text saying I liked what you told me about securing our group’s IP. Let’s begin with that and see where we go. From there, I ended up assisting the promoter on their private client matters and other issues that the group was facing from time to time. Even today, I am in touch with the gentleman and my highest reward is not the billing that happened but the faith he reposed in me in executing different kinds of tasks for the group. I am ecstatic that I earned a person while earning my livelihood.
Outside of the legal realm, what are your personal interests or hobbies that bring you joy and relaxation? How do you unwind from the complexities of legal leadership?
Now we are talking. I love my music, food, outdoor sports, and spending time with family including my extended family and specifically, my grandparents. I firmly believe that one should not forget that later our grandparents and parents will need us just the way we needed them earlier (and still do). As an aside, I am agnostic to the genre/kind of music or food as the music should sound nice and the food should taste good.
In your career, you’ve worked across various legal domains, from general corporate to private client and intellectual property laws. How has this diversity contributed to your skills, and what advice do you have for legal professionals looking to diversify their practice?
Interestingly, nowadays most law firms have lawyers who operate in silos in terms of practice areas. While that can be a good thing for some practice areas, for some others, it is my view, that it inhibits growth. So, if you have the choice to diversify your practice areas, please do. However, keeping in mind how most law firms will have specific practice area-based departments, it makes sense to bifurcate your skill sets between your core areas and those that move around them. This is crucial from most large law firm’s perspective. Interestingly, in a smaller law firm (and some larger ones too), or in-house role, the more diverse your practice areas are the better it is for you and your growth. While it makes sense to augment your skill set, you must choose your areas wisely both in terms of your core areas and the then prevailing trends and opportunities.
As we conclude, we’d love to hear your perspective on the importance of continuous learning in the legal profession. How do you stay updated on industry developments, and what role does ongoing education play in your career?
As I have already acknowledged, learning is indeed a continuous process. Personally, I keep my eyes and ears open concerning anything that affects my current work profile, or that may otherwise have any relation to the same. As you would appreciate, with the global role, my canvas is quite large. So, I need to keep painting when the opportunity arises while the canvas keeps on expanding itself. We also indulge in external trainings, that can enable us to improve our work and knowledge especially those in relation to Lighthouse Canton’s wealth management business. Thus, ongoing learning and education are critical for my functions.
Having served as a former member of Delhi Judicial Services, what motivated your transition from a judicial officer to a Law Coach? Please tell us about your journey.
Before coming to the question asked, let me introduce myself: I hold a Bachelor of Laws degree from GGSIPU, Delhi, which I obtained in 2009. I completed my LLM degree at the Indian Law Institute in Delhi in the academic year 2015-2016, having been awarded a scholarship based on my academic achievements. Subsequently, I participated in the Delhi Judicial Service Examination-2018. Thereafter, I was appointed as a Judicial Officer in Delhi. I voluntarily resigned from the esteemed Delhi Judicial Service in September 2023. The primary impetus for transitioning from being a member of the esteemed Delhi Judicial Services to becoming an independent Law Coach in Delhi was my fervour for teaching as a vocation. Prior to my appointment as a Judicial Officer in Delhi, I had already held the position of Assistant Professor of Law at Amity Law School, Noida, UP. Therefore, teaching law is a familiar undertaking for me. Teaching Law to young students brings me great happiness and a sense of fulfilment as I contribute to the education sector, which plays a vital role in the development of our nation. During my tenure at the esteemed Delhi Judicial Services, I acquired a comprehensive understanding of the intricacies of law, niceties of law and nuances of court practice/procedure. This motivated me to transition into a role as a Law Coach in order to share my extensive legal knowledge and skills with the judicial aspirants in Delhi-NCR. I have accumulated this expertise over a span of around 14 years as a legal professional, including my rigorous training at the esteemed Delhi Judicial Academy and my first-hand experience observing court proceedings as a Trainee Judge in Delhi. The shift from serving as a Judicial Officer in Delhi to working as a Law Coach in Delhi mostly stems from my instinctive desire to impart legal knowledge, driven by my natural inclination to guide and encourage aspiring legal professionals.
As a Law Coach, you are contributing to the development of future legal professionals. What inspired you to take up coaching, and how do you approach mentoring and tutoring to ensure effective learning for your students?
After my tenure in the Delhi Judicial Services, I have made the decision to devote my life to the education sector by becoming an independent Law Coach in Delhi. I plan to provide mentorship and coaching to those aspiring to become judges in the Delhi-NCR region. This is because I possess a distinct strong legal background by my unique exposure to academic positions, legal advocacy, judicial services, and legal research responsibilities. I am currently in the process of preparing and upgrading study materials to ensure that I can offer my services as a Law Coach in Delhi in a thorough and efficient manner. In the near future, I intend to officially establish my independent physical centre/office to cater to the needs of aspiring judges in the Delhi-NCR region. This launch is expected to take place within a few months. Meanwhile, I disseminate legal developments online and produce concise law articles for the benefit of online judicial hopefuls. Additionally, I am currently offering mentorship to anyone aspiring to enter the field of judiciary through online platforms. My primary objective is to alleviate the challenges faced by individuals aspiring to become judges and facilitate their transition from being students to becoming judges as seamlessly as feasible.
You’ve authored and co-edited books on legal topics. Can you tell us about the motivation behind your literary pursuits and how these publications contribute to the legal knowledge landscape?
I have collaborated in the editing of law books published by prominent law publishers and have also authored academic papers. This is mostly due to my inherent propensity towards academia and my intellectual orientation. The majority of my detailed articles were released while I was an Assistant Professor of Law at Amity Law School, Noida, UP. I continue to produce legal content through online platforms due to my strong passion for legal knowledge and my desire to share the knowledge I have obtained. I have co-edited two law volumes that focus on the subjects of post-colonialism in India and Sports Law in India. Both of these legal subjects are highly relevant in the present day, and the primary motive behind editing these books was to enhance the existing academic knowledge in India. I trust that I have adequately fulfilled this objective. Lately, I have transitioned to composing concise legal articles/notes on subjects of general legal knowledge and recent cases due to their frequent inclusion in Judicial Service Examinations.
Your profile showcases an impressive balance between academic roles, judicial services, and advocacy. How do you manage to balance these diverse roles, and what insights can you share with professionals looking to diversify their legal careers?
The shift from being an advocate to being a Law Coach has been a gradual process for me. Consequently, I firmly believe that individuals should always trust their instincts and their gut-feeling. Balancing is a skill that is cultivated when one is completely prepared to engage and is committed to giving their utmost effort towards achieving a specific objective within the constraints of time and available resources. Acquiring the skill of balancing can only be achieved via practical experience in a work environment. Young professionals have the opportunity to expand their expertise into several related industries, as long as they are open to acquiring new skills while working and adapting to the ever-changing circumstances that come with diversifying. It is imperative to consistently enhance one’s skill set in order to remain competitive with others in any professional domain. To make the decision to diversify one’s legal career, it is necessary to possess courage and self-confidence. Having faith and patience in one’s own ability is also an essential prerequisite.
Having been a law researcher in the Hon’ble Supreme Court of India, how do you think your passion for research influences your coaching style or philosophy?
I served as a Law Clerk and Research Assistant in the Hon’ble Supreme Court of India from 2009 to 2010. It was an immense privilege. As a Law Clerk, one is responsible for creating daily summaries of cases scheduled to be heard by the Court, as well as conducting research and preparing notes for ongoing cases. Furthermore, much research is necessary on many legal matters that necessitate resolution by the Court. Through engaging in these activities, I significantly refined my research skills. This skill set has proven beneficial in various domains, including advocacy, education/academic roles and judicial services. The skill of legal research is a valuable asset for the position of a Law Coach in Delhi. It is essential to stay updated with current legal issues that are frequently reported in the news. Questions related to this area often appear in judicial service examinations under the category of latest legal general knowledge. Furthermore, the current law has been altered/modified by recent rulings of the Hon’ble Supreme Court of India and numerous Hon’ble High Courts in India. Once again, it is necessary to conduct legal research in order to comprehend and inform the pupils about these legal advancements.
With approximately 14 years of experience in teaching, advocacy, and research, you’ve worked on notable cases and served in various legal capacities. Could you share an experience or case that left a lasting impact on you and influenced your approach to the law?
I can think of one recent instance where I served as a lawyer. In that instance, my contribution brought me great gratification and made a lasting impression on me. The case before the Ld. The Disability Commissioner concerned the terms and conditions of service for a disabled employee working for a PSU. Only tenacity and a lot of work were able to change the life of a disabled person who was being denied both his monthly salary and a transfer to a position close to his home/native place. The disabled person received both reliefs on the first hearing date because the case was structured in a way that the Ld. Commissioner was satisfied with the grounds raised in that particular case. This case has left a lasting impact on me. This instance taught me that there might be some differences between the written law on paper and the actual law in practice. Though they may have many rights in theory, disabled people may not be able to really exercise those rights in real practice for a variety of reasons. A lawyer’s or disability activist’s job is to ensure that the person with the disability may truly use all of the legal rights that have been granted to him in the black letter of the law.
Beyond your professional endeavors, are there specific personal interests or hobbies that you find rejuvenating, providing a balance to your demanding roles in the legal domain?
Due to the demands of my work, I have limited opportunities to engage in my other interests. However, I manage to allocate some time each day to browse the Internet and listen to Indian music, which really revitalizes me. Occasionally, I also keep track of cricket matches taking place in major tournaments, particularly the matches being played by India against other major cricketing nations. I also try to stay updated on current events in India by regularly reading newspapers, both in print and online, during my leisure time.
Drawing from your experiences, what advice would you give to the next generation of law students and legal professionals, especially those aspiring to join the judiciary?
My short advice to the next generation of legal professionals aspiring to join the judiciary in India is that one should always follow his passion and should always work in a planned and dedicated manner and only then can one achieve one’s goal. Dedication and hard-work alone help in clearing the Judicial Service Examinations in India and there is no short-cut to success. Proper planning and careful strategic thinking may reduce the degree of effort required, but without hard work, clearing such examinations would not be possible because there are far more applicants for judicial services compared to the limited number of available seats in India.
You’ve had an extensive career spanning over 14 years in the legal field. What inspired you to pursue a career in law, and how has your journey evolved from your early days to your current role as Director – Legal & compliance at Aurionpro?
A deep interest in Humanities since my school days and an unusual career choice are the two prime factors that inspired me to pursue law as a profession. For me, Law as a career was never a substitute, rather it was deeply ingrained in my mind as I find it extremely intellectually challenging. The journey, so far has been quite enriching and fulfilling coupled with highs and lows. There have been some noteworthy remarkable achievements – be it an association with National Payments of India (NPCI) during its inception, which is the Centre of India’s world-acclaimed digital revolution or an association with Micro land where my promptness to business requirements despite time zone difference was widely appreciated by both the external and internal stakeholders. Nonetheless, it is explicitly implied that my achievements so far have been an outcome of all the learnings and experiences that I gained in various organisations with diversified job profiles but with a common goal of business progression. The current role as Director – Legal & Compliance has ushered in a new leadership segment to my journey. The tenure to this point has been quite challenging and satisfying marked with freedom of decision-making and leading the organisation from legal standpoint.
What unique challenges or experiences in your various roles have had the most significant impact on your growth as a legal professional?
Law as a profession is known to be ever challenging irrespective of the years of experience gained. However, for me, one of the common unique challenging experiences across all the organisation has been in the form of adapting and doing deep-dive in understanding the organisation’s business so as to be positioned to provide suitable legal opinion and guidance without hindering the business growth. The opportunity to be associated with NPCI during its inception time, came with an ardent task of managing and setting up the Legal Department solely, which I navigated through every day learning and guidance from an external Legal Consultant from RBI. The journey is a milestone in my career graph as I am extremely proud to be associated with the roll out of some landmark products such as IMPS, RuPay Domestic Card, Aadhar which have made India standout in the financial world across the globe. This has been an extremely satisfying engagement which keeps me inspired in my current role as well.
Beyond your role as a legal professional, you’ve conducted legal awareness sessions and training. What motivated you to take on this role, and how do you believe legal education contributes to a more robust business environment?
Legal awareness and training sessions are equally important in one’s career as they give you a completely different perspective and outlook. It helps in broadening your learning horizon. This also entails first educating yourself from various journals and through deep research from the open domain. The conduct of training sessions gives an opportunity to interact with a variety of audience from various sectors and knowing their perspective and thought process. The questions and queries posed provides you ample in-depth knowledge and broaden your spectrum with solid foundation. The legal awareness and education are essential for robust and healthy business environment as we have seen so many businesses failing due to financial roadblocks and a lack of adherence to legal compliances. The current corporate world has realised the importance and this is visible in the form of a surge in the demand of seasoned legal professionals.
Having managed legal and compliance workflows across continents, how do you ensure that your approach aligns with diverse regulatory landscapes, especially in the APAC, AFRICA, and MIDDLE-EAST regions?
The legal and compliance workflows across continents and geos do require in-depth studies about various regulatory aspects of different countries and devising a solution in alignment with the same without hindering business growth. This also requires engagement with local legal team for any local conflict resolution for business to proceed further without much delay. Promptness and Collaboration are key in handling such diverse regulatory landscape.
As a legal leader, you’ve been involved in setting roadmaps and providing quick assistance to internal stakeholders. How do you balance legal rigor with the need for agile and efficient business operations?
Sound legal knowledge, strong work ethics and practical solutions to any problems have been my forte. I was fortunate to have been engaged in various diverse projects since the inception of my legal journey which has given me the adequate opportunity to play a key role in business decision-making. Besides, being part of the business team in various meetings and discussions has additionally helped me gain a better grasp of the business requirements.
Beyond the legal domain, are there specific activities or hobbies that you engage in to unwind from the demands of your role? How do you strike a balance between your professional and personal life?
I do engage myself in travelling around and exploring new places both in India as well as abroad. I also engage myself with music and reading especially new developments in the industry that I am associated with. I do value time and believe in balancing both my professional and personal commitments and growth.
Looking ahead, what’s a legal or compliance frontier you’re excited to explore or address in the coming years, and how do you see it shaping the industry?
Looking ahead, the legal or compliance frontier that I am excited to explore or address would be either in the Euro Zone or the U.S.A. to further upskill my international exposure.
Having worked with various organizations, you’ve likely encountered emerging legal professionals. If you were to advise the current generation of legal enthusiasts, what crucial skills or knowledge areas do you believe they should focus on to excel in today’s legal landscape?
My advice to the current generation of legal enthusiast would be to have a very strong foundation and knowledge about the core legal subject-matter, develop an agile approach rather than following a set pattern and be open to new learnings at every stage. Learning coupled with application makes a worthy lawyer.
Your journey into law seems to have had a unique choice between following in the family’s medical footsteps or venturing into law. What inspired you to break the mold and pursue a career in law, especially as a first-generation lawyer in your family?
Well, choice was indeed interesting but for me the satisfaction of being a well-rounded professional was the first priority. . It was difficult to choose from either of two, but law attracted me because of the respect for knowledge it gave and since it was less explored at that time (2005). The more I read the law books to know about the subject, the more I was sure that I wanted to now pursue it. Being the First-Gen lawyer in the family, it also took some field work and guidance and so became my early mentor, Mr Fali S. Nariman. That’s when it was all clear!
You pursued an LL.M. in Intellectual Property from Benjamin N. Cardozo School of Law in New York. How did studying in the U.S. influence your perspective on intellectual property law, and did it bring any unexpected adventures?
My pursuance of LL.M and where to do it from was very clear, U.S. and from Cardozo. The U.S. was a forum less explored for a Masters in such a niche branch of Law. I was lucky to have cleared a couple of more universities in the US and also in the UK, but choosing Cardozo was completely based on the faculty that was teaching IPR, at the time. So, to answer if studying in the U.S. influenced my perspective on IPR- yes, it did and it broadened my horizons and provided me the depth of knowledge I think I would have wanted before entering this domain. I still thank my stars that I chose the right opportunity at the right time because jumping from a 5 year long hardcore litigation background to pursuing my masters in IPR, was a leap of faith that fared me well. Even at the time, I knew that unlike many, I would still want to come back to my roots – India and forge my path in Corporate world. The belief to achieve propelled me into this unexpected adventure, of diving into the unknown, with the only clarity being that I wanted to carve my path in IPR and become a subject leader in the times to come..
Given your focus on technology and trademarks (IP), where do you see the intersection of law and technology heading in the next decade, and what challenges or opportunities do you anticipate?
Technology and Trademarks have actually been going hand to hand since their inception and as such exhibit interdependency. It is only recently that collectively they grabbed the limelight around 2020, the era of technological revolution. Technology has evidently become a basic necessity of today’s time, from a mere zoom call to the most complex of workplaces function on the basis of it, every second of every day. For example, today we could anticipate and analyse the balling/ batting technique of each player in the World Cup in such great detail as compared to even 2010. At such a time, IP is the armour to such technology, to protect it from being misused. I say IP because, it will not just be trademarks, but other aspects i.e. Copyright, Patent, Design, Data Protection too. This does open a lot of opportunities for the legal IP industry, since it is a very interesting and creative field wherein IP is needed in almost every type of work/industry. I will also not negate the fact that opportunities come with their challenges, called “misuse” by common-man and “infringement” by us. Look at Artificial Intelligence (AI), other that it gives an opportunity of profit to the industry with its sheer dynamic usage but it is also a massive threat as in many cases it essentially copies image, work, or other IP to that nature, making it difficult to protect the privacy rights of an individual or a copyright of a literature work. That’s the charm & harm of Technology and IP.
Aside from your legal prowess, you’ve been part of projects representing the music and entertainment industry. How does your passion for law intersect with your interest in these creative fields, and have there been instances where your legal expertise met the world of music and entertainment in unexpected ways?
Oh yes, that’s the beauty of IP. I have had my interest and liking for music from a young age. As we know it well, India’s entertainment industry is one of the biggest, globally. So, having to mitigate my profession with something I liked was a cake walk. It all started at Luthra and Luthra, when I was introduced to one of the biggest production houses in India leading to connecting with the who’s who of the Industry, helping protect their work rights to royalty rights, kept on webbing me into it and hit a different high note. The exciting part of this is to work around the intricacies of every part of the entertainment industry, be it the agreements before starting of film or concert to how we strategize to protect the rights of the Artists from being misused. It does keep you excitingly engaged through and through.
You’ve worked on a range of cases, from pharmaceutical disputes to trademark infringement. What’s the most unexpected or fascinating aspect of your work that people might not be aware of?
I think that would be, getting to have fun while working, which is a rarity for a lawyer. IP is a diversified as well as creative field but to derive pleasure in being an IP Lawyer is probably a luxury that you gain only if you grip it at the right moment. Also, I love the travelling part of it, going for on-site inspection to even meeting a client just to hear how they established their creative work, and the challenge thereafter to figure out the best way to protect the Intellectual Property rights so that credit is gained where it is due. This is one property, which is not physically present but holds a value equivalent or in some cases more than a physical one.
If you could trademark one word or phrase to represent your approach to law, what would it be and why?
“Believe! and the rest will follow”. This is in relation not just to Law but to every aspect I dealt or deal with, I think having conviction in what you are doing and doing it thoroughly, the rest/outcome will follow exactly how you intend it to happen.
Beyond the courtroom, you have a diverse practice that includes advising on business transactions, licensing, and even franchising. How do you balance the structured legal world with the entrepreneurial spirit required in these areas? Also, on a lighter note, what’s your favorite way to unwind from the demands of a busy legal practice?
These two are simply two sides of Law and each functions hand in gloves with others. For me it is like reading two subjects – one is the practical side of Law and the other is theoretical. I think this was embedded in me since School, because very few know I was a science student and we all know the “practical, lab tests” and the “theoretical/theory test” phase. I enjoyed doing it then and I enjoy giving time to both now. But yes, sometimes, the entrepreneurial/business transactional part throws you off the track because commercial goals may or may not always be in alignment with the law and that’s where the trick of the trade lies. The fun part is, finding and figuring out strategies and coming up with the best legal solution for your clients. In the end, I think that’s what I look at, the satisfaction to see your client happy and trust they bestow on you.
Unwinding myself from law is simple for me – I am an auto-enthusiast and a swimmer, so a long drive with friends and/ or family and silent/quaint time coupled with a few laps in the pool does the job.
You’ve evolved from a junior associate to your current role. How has your approach to handling legal matters changed over the years, and what advice would you give to young lawyers starting their career in Intellectual Property law?
This journey of a first-generation lawyer/junior Associate at Luthra and Luthra till today, holding the current Position as Partner has its way of teaching the ups and downs of the subject. I learnt in every step, be it basics like running with a senior holding the files, sorting out documents with the clerk, filing of a matter, to bigger responsibilities like interacting with a client to closure of a deal or securing a favourable order at the Apex court of India or, even the fun times when you get to enjoy a cold coffee in the cafeteria with your colleagues or seniors, every task has a learning curve and added value to my professional journey. Like many experienced lawyers, even today when I enter a courtroom to argue my matter or to deal with a new client or work on a new proposition, I still find myself in the shoes of a novice professional who had just started out his journey into this black and white dominated corridors of law and it is that feeling that gives me the excitement to work on what I am diving into, and will continue to positively influence me as a professional in my years to come. We can never stop learning, can we?
My advice to my younger colleagues will be, taste everything in the subject, and what you are really good at will automatically make space – then put in your Best into it and see the Magic. Highs & Lows will come but keeping yourself Grounded in your Highs and Centered In your Lows is what will sail you through.
Shaurya, your journey from being a law student to Advocate on Record and Standing Counsel for the State of Uttar Pradesh is quite remarkable. How do you recall your starting years as a legal professional? Please share your insights and struggles which you came across to reach here.
Being a first generation lawyer, I knew little to nothing about the legal profession when I stepped into law school. My early internships exposed me to the hallowed corridors of the Supreme Court and that is when I was truly motivated and determined to someday have a practice of my own in the Supreme Court. My starting years as a legal professional included some of the cliched’ travails of having a low salary, extremely long working hours, and the existential dread of how I would ‘make it’ in the profession.
As luck would have it however, I was blessed with a wonderful mentor, Mr. Amit Kumar, Sr. Advocate who took me under his wings and it is under his tutelage that I gained invaluable experience as a practicing advocate. I never refused any assignment that came my way and I learnt to always be prepared in each matter, and be ready to grasp any opportunity. On certain occasions when my requests for Passovers in matters were turned down, and I was requested to argue the matter by the Bench, I found myself prepared and equipped to handle the matter. This led to initial successes and brought with it much needed optimism and motivated me to keep going. In my view, the biggest struggle for a first generation lawyer in litigation is to remain motivated, however, I overcame this challenge by remaining disciplined and focused on improving my skills. Eventually, my skill sets improved, and with it came more work and a steady flow of income.
While hard work is often the answer to most of the challenges in the profession, it is also important to give the required importance to other facets of personal life such as physical and mental health. Having a close circle of friends in the early days of the profession helped me maintain a balance between the personal and the professional aspects of life and proved instrumental in helping me navigate the more challenging days of the profession.
As the Standing Counsel for the State of Uttar Pradesh, you handle a wide range of litigations, from criminal disputes to matters related to Housing, Stamps, and Registration. What aspects of your role do you find most challenging and rewarding?
Being the standing counsel for a State as large as Uttar Pradesh is a challenging but rewarding assignment. The biggest challenge being the sheer volume and diversity of cases one has to handle. On most days, the assignment of Standing Counsel requires drafting multiple drafts, apart from having to argue several cases before different benches of the Supreme Court, therefore it is also important to keep abreast with the latest developments in the legal field. Having to prepare for a heavy docket of matters, particularly on admission hearing days, i.e. Mondays and Fridays requires a strong support system. The importance of a good team of lawyers, clerks and office staff therefore cannot be overstated. In my personal opinion, one must try and identify a good team of colleagues, juniors and support staff as early as possible and invest in creating a team as early as possible. The diversity of cases to be handled also poses quite a challenge as the preparation of criminal cases requires a different approach when compared to civil cases. In particular, Land acquisition disputes are usually voluminous and therefore require rigorous preparation.
The most rewarding aspect of the assignment is the sheer exposure that it provides before the Supreme Court. As Standing Counsel, one gets to appear and argue before almost all courts of the Supreme Court, brief Senior Advocates, all of which helps gather invaluable experience. The role of a Standing Counsel also provides an in-depth insight into the functioning of the Government. These are all extremely rewarding aspects of practice as Standing Counsel before the Hon’ble Supreme Court. To have the opportunity to handle such an assignment at a relatively young age is proving to be an extremely humbling experience.
As a Panel Counsel for the Government of Meghalaya, you were part of the team that successfully lifted the ban on coal mining. How do you approach high-profile cases, and what role does legal strategy play in influencing policy changes?
Legal Strategy is one of the most critical aspects in litigation. A good legal strategy acts as the bedrock on which the entire case is constructed, therefore considerable efforts must be spent in working out an effective strategy before proceeding with any case. The issue concerning the ban on illegal coal mining in the State of Meghalaya is one of the most unique cases I have handled till date. The issue pertained to the practice of indigenous mining techniques by the tribal residents of the State of Meghalaya which was deemed unsafe and environmentally harmful, resulting in the imposition of a complete ban by the Hon’ble National Green Tribunal in 2014. When the matter was earmarked to our team, before proceeding with the matter, we examined the historical aspects of the land tenure system in the State and its implications on the constitutional rights of the tribal residents of the State of Meghalaya. We were able to chalk out a legal strategy which indicated that the tribals are the absolute owner of the land and also the minerals extracted from the land, due to the constitutional status conferred to the State of Meghalaya as a 6th Schedule State, and also due to the land tenure system. Consequently, the Hon’ble Supreme Court upheld the contention that the both the land and minerals belong to the tribals, and therefore lifted the absolute ban on coal mining in the State, by permitting the mining to resume under the applicable legal regime of the Mines and Minerals (Development and Regulation) Act, 1957. The said judgment is a watershed moment, particularly for the State of Meghalaya, as nowhere else in the country has the Supreme Court recognised the right of the landowner over the minerals that may be found in his land. I personally do not distinguish between ‘high profile’ cases and other cases in terms of my approach to the matter. Surely, the pressure in ‘high profile’ cases is higher as the stakes involved for the clients are usually higher. However, I try to approach the matter like any other matter since I believe that as professionals, lawyers must remain objective in their assessment of a case.
Beyond the courtroom, you contribute to legal academia and write columns for popular legal websites. What motivates you to engage in these activities, and how do they complement your personal & professional life?
My motivation for engaging in academic activities comes from my family background. My mother has been an educator for over 30 years and therefore I have always had a keen interest in academia. I still make time to write regular articles on various issues that I come across during my practice as I find that writing articles only solidifies the understanding of a particular area of law. Writing articles encourages discussion and debate on contemporary topics of law and I find that sharing of views is the best way to contribute to the development of the law.
Your academic achievements include winning Best Memorial in the Oxford Media Law Moot Court Competition. How has participating in moot court competitions shaped your advocacy skills, and what advice would you give to law students interested in mooting?
Mooting was one of the most engaging activities during law school. It cultivated several habits which I till date implement in my professional life. Mooting required extreme discipline and dedication as it required one to gain subject matter knowledge on the topic involved to effectively deal with the issues raised in the moot proposition. This often involved our team staying up several nights reading up on new areas of law and refining our understanding of these areas. So far as helping shape advocacy skills is concerned, mooting trains one to develop arguments. It requires you to put your best argument first and find simple ways of explaining relatively complicated concepts. These aspects of mooting are very helpful in shaping advocacy skills. In my view, mooting, debating and other such activities are also a good way to gain confidence in public speaking which is an important skill required by any lawyer.
Coming to the personal side, what makes you happy personally other than Law? What keeps you motivated and inspired?
Music is a great source of solace and happiness for me. In particular, I enjoy collecting vinyl records and old cassettes.
Looking ahead, Are there any specific aspirations or goals you’re aiming to achieve in the coming years?
If I were asked the same question a few years ago, I may have answered with a specific career goal in mind, but over the years if experience has taught me anything, it is that being happy, healthy and enjoying each day as it comes is the most important facet. I hope to focus on finding a good work life balance going forward.
Reflecting on your journey, what advice would you offer to law students and young legal professionals aiming to build a successful career in litigation, especially in the evolving legal landscape of India?
One must have a voracious appetite for reading as it is the only way to stay abreast of the ever evolving legal landscape. A career in litigation is more of a marathon than a sprint. Pace yourself. While there is absolutely no substitute to hard work, but it’s important to find balance between the personal and professional.
