Super Lawyer

Tag: Litigation

  • Nikhil Mathur, Senior Associate at Shardul Amarchand Mangaldas & Co In a FireSide Chat With SuperLawyer On Corporate Litigation, IBC & Opportunities In Same

    Nikhil Mathur, Senior Associate at Shardul Amarchand Mangaldas & Co In a FireSide Chat With SuperLawyer On Corporate Litigation, IBC & Opportunities In Same

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

    How would you describe yourself?

    I am a litigation lawyer who got into Law School wanting to be a corporate lawyer, took up science in my 10th standard to become an engineer (like my father) and aspired to be a sportsperson throughout my life. While I stand at risk to be deemed as ‘fickle minded’, I have been blessed to have the constant support from family members and the necessary guidance from mentors which eventually led me to my field of interest-litigation, that not only gets me excited to go to work every morning, but also pays the bills!

    Why did you decide to pursue law? Is there any specific reason for opting to choose litigation? Kindly share with our readers.

    The decision to pursue law was never planned. My poor performance in academics, especially in the subjects such as science/math and interest in subjects such as English and love for reading (coupled with my talent for providing detailed arguments at home) made it clear that engineering would not be the ideal way forward and pursuing law could be an exciting alternative.

    I credit my decision to opt for litigation, more specifically practicing the field of corporate litigation and IBC to Mr. Vivek Kohli, currently designated as a Senior Advocate and Advocate General, State of Sikkim and formerly the founding partner at Zeus Law Associates.

    As a fresher, I approached him for work in the field of corporate law at his firm. However, his passionate and almost bullish love for the field of litigation and my insistence on doing something in the field of corporate law led me to have the best of both worlds-i.e., the field of corporate litigation and subsequently the mandate of figuring out IBC which was very kindly offered to me at Zeus Law Associates by him.

    As rightly pointed out by him in our first meeting, litigation has the ability to not only consume a person but also give an adrenaline rush on a daily basis which would not make ‘work’ feel like ‘work’.  I feel like waking up with this feeling on a daily basis fully justifies decision to opt for this field.

    Which specific advice has helped you come thus far in law? Could you describe the role of mentors in your professional career?

    An advice I resonate with the most was actually framed in the form of a very simple question- “how bad do you want it?” I feel like this question encapsulates all the key ingredients required to be undertaken behind the scenes to achieve anything in life including forming a vision of your goals and possessing the necessary resolve and determination to continue despite failures and sacrifices.  

    I have been fortunate enough to have many wonderful mentors. As highlighted above, the entire credit and opportunity to practice in a field I love was due to my mentor Mr. Vivek Kohli.

    The very basics of the field of litigation was taught to me by my immediate senior Ms. Anubha Singh and my fellow colleagues Mr. Aishwarya Kaushiq and Ms. Sanjana Mohanty at Zeus Law Associates who still remain extremely close to me.

    The chance to work at Shardul Amarchand Mangaldas & Co. and be involved in such critical litigations which have huge impacts across various sectors was given only because Ms. Misha, Senior Partner, placed her trust on me to be part of her team at Shardul Amarchand Mangaldas & Co. Our professional careers are also dictated by one’s immediate seniors who act as mentors on a daily basis such as Mr. Vaijayant Paliwal and Mr. Siddhant Kant who being my immediate seniors at Shardul Amarchand Mangaldas & Co. have always been extremely supportive, patient and willing to offer their advice on managing situations on a daily basis.

    How did you come to work with Shardul Amarchand Mangaldas & Co.? What are some of the qualities you believe makes Shardul Amarchand Mangaldas & Co. one of the top tier firms of India?

    During my time at college, the brand name of Amarchand Mangaldas was synonymous with excellence and having a job at the firm was the most sought after by various students, including me. Thereafter, as an advocate practicing regularly before the NCLT, NCLAT and the Supreme Court, I would always notice that Shardul Amarchand Mangaldas & Co. and Ms. Misha’s team in particular always had the high stake matters which would often shape the interpretation of the law and be declared as precedents in the field of insolvency.

    From the outside, I would often notice the lawyers of Shardul Amarchand Mangaldas & Co. would always have an edge over their counterparts. The desire to be a part of such a team eventually led to my sending a hopeful email to Ms. Misha, seeking for an interview without any personal contact or reference. To my surprise and to her complete credit, not only did Ms. Misha notice my CV but also called me for an interview and gave me an opportunity to work in her team. 

    I feel Shardul Amarchand Mangaldas & Co. adopt a client centric approach working towards outcomes which not only legally but also commercially cater to clients that have huge stakes in matters.

    I believe the willingness to go above and beyond in managing deadlines, meeting Client expectations and generating true value for Clients in addition to the vast resources that the firm possesses comprising of the best lawyers in their respective fields gives Shardul Amarchand Mangaldas & Co. the edge in the market.      

    How do you maintain work-life balance Nikhil?

    While maintaining a work-life balance is crucial, I personally feel like instead of putting efforts to maintain that balance, more effort needs to be put in making sure one truly stays in the present. By this I mean, one should ideally not be thinking about their work pressures while spending their free time and vice versa.

    However, practically speaking, working at a tier-1 firm is extremely demanding and I admit it is difficult to do the above. While I do struggle with this, I have consciously worked towards implementing it.

    What are some of the challenges you have faced while representing a variety of clients before the Supreme Court, NCLAT and NCLT in the field of IBC?

    The entire field of IBC is centred around ensuring speedy and effective resolution. Any client we represent (whether it be Banks/Financial Creditors, Resolution Professionals/Liquidators, Corporate Debtors/Ex-Promoters or any other party seeking to protect their rights during the process) is usually on a deadline which requires us to constantly manage tight deadlines while delivering the high standards that the firm is known for.

    Additionally, another challenge I have sometimes faced is that due to the reputation of the firm in the market, clients which usually come to us have high expectations and unrealistic demands which sometimes are not plausible. Providing a realistic expectation of possible outcomes to clients and explaining how courts work and deal with matters from a legal standpoint is sometimes challenging with clients who only look at matters from a commercial perspective.

    How do you see corporate litigation and the field of IBC developing and creating new opportunities for lawyers?

    The field of corporate litigation is vast and involves any type of legal proceeding having anything to do with a company including disputes between inter-se management as well as incorporating measures to manage such business disputes. The field requires an intricate studying of not only corporate laws but also an understanding of the commercial aspect behind disputes.

    The field of IBC is ever evolving and dynamic with the law constantly attempting to adapt in line with the demands of its stakeholders thus necessitating the need for lawyers to not only be fully updated but also constantly strive to be ahead of the curve while advising their clients.

    Thus, there are always going to be opportunities in the field of IBC and corporate litigation and if one is interesting in merging the corporate and commercial side while also practicing disputes/litigation, these fields have huge opportunities for future lawyers.

    Any tips on how one should go about framing a CV and preparing for an interview?

    I have learnt the hard way that it is not the guy with the longest CV that gets the job. The CV should be to the point, clear and should have a purpose demonstrating to the interviewer that your core competence suits the firm and relevant team you are applying for. 

    For the interview, it is critical to know your CV. Any possible technical questions which can emanate out of your CV need to be fully prepared for in advance including any updates in the law since you last worked on that particular work item. One needs to have confidence and certainty in any statement being made. Also a sense of humour may sometimes work as well.

    Lastly, a few tips that you would like to share with our readers?

    I would say choose your mentors wisely and always have your family/support system around. My family is my biggest source of strength and it’s important to have such a strong support system in your corner specially on the tough days. 

    Also, irrespective of years of experience, actively believe and work as if you are the best in your field. Take yourself and the work you send out seriously and put yourself on such a pedestal that you are obliged to give it your best.

    Get in touch with Nikhil Mathur-

  • Deborshi Barat, Counsel at S&R Associates In a Discussion With SuperLawyer On Current Demands And Importance Of Practical Skills In The Legal Profession

    Deborshi Barat, Counsel at S&R Associates In a Discussion With SuperLawyer On Current Demands And Importance Of Practical Skills In The Legal Profession

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

    What motivated you to take law as a career and how has been the decision so far?

    Law was appealing at the level of ideas when I was young. In law school, like at NUJS, said ideas tend to get affirmed (absent extraordinary circumstances). For those of us who didn’t grow up with lawyers in the family, some self-selection invariably occurs. Since law wasn’t part of the Indian board curriculum in my time, certain proxies, such as affinities for logic, language, argument, etc., informed the decision-making process. I’m not sure if these proxies are useful, let alone representative, but we do rely on them disproportionately at that stage of life, given informational and experiential scarcity.

    It’s been a pretty good journey so far. I’ve lucked out over time with regard to being able to dabble variously, and I enjoy diverse aspects and manifestations of the law. I look forward to more learning.

    Your internship experiences are filled with renowned firms and other reputed people, was there any roadmap for the same or all did was in flow? How would you guide students in choosing internships?

    I suppose these things are part of an organic trajectory, perhaps steered by a latent sense of purpose. Things do happen in a flow, but we ultimately end up navigating viable paths. Curiosity helps. I see students these days choose internships based on niche interests and very specific practice areas. I admire such clarity, especially at that young an age. While it’s difficult to know yourself completely in law school, elimination is useful. However, I still think that sampling from a large spread is a good idea before marrying into the unknown.

    Could you shed some light on your journey in the topmost university, Fletcher? I’d love to know the flashbacks.

    Fletcher was a cherished destination. Even when I first joined S&R Associates (where I currently work), I had an idea that I might want to explore a specialization later, preferably in a different country. I liked Fletcher because of many things, but most of all for the flexibility and eclectic environment that it offered. The crowd is truly diverse and international, and my ways of looking at the world changed fundamentally when I came out.

    The best memories are perhaps the simplest ones, the quiet neighbourhood, the bucolic surroundings, the redbrick buildings, hours spent inside the ‘Harry Potter Room’, trudging to Harvard amidst the first snow of winter, and endless cups of coffee with friends. Add to that, the opportunity to genuinely engage with people from various walks of life, from various parts of the world, from contexts wildly different from yours: that kind of exposure is irreplaceable.

    Deborshi, among all the specialisations, i.e., in MALD, LLM, and Ph.D. Fletcher’s programme, what do you find the most interesting to you? How far did you use all this expertise in your practical areas of work?

    I liked the Master of Arts in Law & Diplomacy (MALD) program because it gave me the chance to keep law as a base and build on that substratum by adding disciplinary layers to it, including those involving public policy, political economy, international relations, comparative politics, global history, research methods, national security, foreign policy, international organizations, transnational business, and others. The MALD remains Fletcher’s keystone graduate program, and for good reason.

    Also, it’s a 2-year program, as opposed to the 1-year LLM. I’d heard from others before me that a year’s duration often feels too short from a learning perspective, and I wanted a more immersive experience.

    I received two awards as a student under the MALD program: the William L. Blue and Joan R. Blue Scholarship, and the Alfred P. Rubin Prize – awarded by the Fletcher law faculty to the ‘outstanding student of international law’ in a given year. Other than my core specializations at Fletcher, I also cross-registered with the Harvard Law School (HLS) for a semester-long seminar on law and politics.

    Accordingly, I decided to apply for the LLM thereafter. The LLM is a distinctly curated program, comprising smaller cohorts, a very close-knit community, regular exchanges with faculty and peers, periodic events and updates, and some amazing international law professors.

    The career trips to New York and DC pivot away to interactions with partners from global law firms, rather than with policy thinktanks and international organizations alone, such as in the MALD. For instance, Prof. John Burgess, then partner of WilmerHale, was the Director of the LLM program during my stint there.

    His insights on international M&A and cross-border financial intricacies were deeply valuable. At the same time, cross-listed faculty like Profs. Jeswald Salacuse and Ian Johnstone brought with them multi-disciplinary perspectives on investment law, arbitration, the UN, the World Bank, along with constructivist approaches and sociological constructions of the law.

    The PhD, of course, is a very different animal. It’s a self-driven process, especially after you finish your coursework, clear the comprehensive exams, and defend your proposal. That’s when the real research begins, and it’s easy to get lost en route. Besides, life happens. Managing things and people in the course of the PhD – which, in a US curricular perspective, remains an immensely trying, albeit templated, process with several discrete milestones – is one of the bigger challenges.

    Going through your background information, it seems you’re always up for learning something new. Even though you worked independently in the Calcutta High Court, after obtaining MALD and LLM degrees, you indulged yourself in teaching a self-designed elective course in “Law and Public Policy.” So, Deborshi, was that challenging or thrilling for you, and how?

    Being from NUJS myself, I wanted to offer a course there. This was before my PhD coursework began. However, by that time I’d already decided to adopt a more ‘law and policy’ approach to work. That way, offering such a course at NUJS was a culmination of many things, including my interest in weaving together miscellaneous disciplinary paradigms into mainstream legal analysis.

    How about your experience with Harvard LIDS, Boston, and working with ? What do you think is the most exciting part you would like to share with our readers regarding the same?

    From the perspective of personal evolution, these stints were hugely significant, where I wanted to push myself to try new things, especially in the context of applying my learning to situations on the ground. For instance, ‘law and development’ was one of my main focus areas. Working with the Law and International Development Society (LIDS) at Harvard thus provided a great opportunity in respect of putting to use some of the theoretical constructs I’d learnt across real-life problems and circumstances. We worked with the secretariat of Transparency International about the possibility of reparations for victims of ‘grand corruption’ in international criminal proceedings.

    Further, ‘international negotiation, mediation, and conflict resolution’ was one of my other specializations. I was taking a course on mediation with Prof. Eileen Babbitt. Around this time, I joined MWI, a company in Boston working in the ADR space, specializing in dispute resolution for companies through ombudsman, negotiation, consulting, arbitration, facilitation, and mediation services. I worked with instructors at the Harvard Negotiation Project of HLS, learning from their experience of negotiating with Fortune 500 clients and vendors. As part of my training, I mediated a few cases in Massachusetts district courts as well, particularly in south Boston.

    Similarly, I was working with Prof. John Cerone on matters of international criminal law and humanitarian law, which culminated in representing Fletcher for the Model International Criminal Court Moot held at Krzyżowa, Poland; serving as editor for the Journal of Humanitarian Assistance; and joining the Fletcher Human Rights Practicum, pursuant to which a small group of us had the opportunity to collaborate on drafting amicus briefs for the Committee on the Elimination of Discrimination against Women (CEDAW), a body of independent experts that monitors implementation of the corresponding treaty.

    This last experience came in handy because I’d already been working as Supervising Lawyer with Femin Ijtihad – Strategic Advocacy of Human Rights (SAHR) – a 501(c)(3) nonprofit organization. Accordingly, I continued working with SAHR until 2017 as its Global Legal Counsel using lessons from such experiences.

    As Global Legal Counsel at SAHR, I developed best practices and drafted model laws for the purpose of legislative reform, designed judges’ and lawyers’ training workshops, and advised individuals, organizations, and local lawyers/judges in various jurisdictions, including in the US, Afghanistan, Iraq, and Nigeria.

    Later, during the formative stages of my PhD, when I first got interested in the legitimacy of dispute resolution, I worked with my advisor, Prof. Salacuse – an ICSID-empanelled arbitrator and a leading expert on negotiation theory – with the Judicial Leadership Project conducted by the National Center for State Courts at the Harvard Kennedy School of Government.

    I also taught a lot during this stage and worked on several consultancy, research, and training assignments, including in terms of: taking foundational classes on International Law for undergraduate students of the Political Science Department at Tufts University; teaching introductory courses on American Politics, Sociology of Race & Ethnicity, and Globalization & Social Change under the School of Arts and Sciences at Tufts University; updating Prof. Salacuse’s book on “The Law of Investment Treaties” (3rd edition) for Oxford University Press and another book on “International Business Planning: Law & Taxation (U.S.)”; coordinating and teaching a course called “Debates in Economic and Political Relations” conducted by the Horizon Academic Research Program, New York for exchange students from mainland China; and serving as coordinating instructor for the Tavitian Scholars Program in Public Policy – conducted by Fletcher for diplomats and officials from the Foreign Service of the Government of Armenia.                    

    So far we’ve seen lawyers not focusing on their mental health because of work pressure and tight deadlines. Please shed some light on this issue, any tips that can make the situation better?

    We develop our own coping mechanisms over time. If there is meaningful work to be done, there will be appurtenant pressures and timelines within which one needs to deliver. I can’t speak for others, but I like to treat work as an extension of self. Accordingly, it’s very important to me that I enjoy the work that I’m doing, to be really invested in it. When that happens, I think a couple of things coincide: you end up being better at your job, and the pressure stops being a bother. In fact, the pressure might become a thrill in itself.

    I’m deeply aware that mental health is an important issue for all professionals, including for lawyers. Modern-day work ends up creating high-pressure situations for everybody. We ourselves as clients and consumers in quotidian contexts demand fast, efficient service. It’s not so much fun, perhaps, when the boot is on the other foot.

    Work-life balance is what everyone talks about, presumably as an ideal. I’m not big on that myself. I don’t mean that we should sacrifice life, or the pursuit of happiness, at the altar of work. But when work goes beyond a set of itemized chores, or when work means more than something one has to do out of a sense of compulsion or duty, it starts creating a balance of its own. Life gathers around work. Personally, I like that kind of life.

    If, on the other hand, work starts feeling like a lot of work – an ordeal, a terrible burden, etc. – then maybe one needs to move things around. I realize that this view reeks of some kind of privilege that many are ill afford to harbour, on account of variegated factors ranging from family, finances, health, and sundry responsibilities. Having said that, I was diagnosed with Multiple Sclerosis (MS), an incurable and debilitating autoimmune disease, in 2006 when I was in my third year of law school. At that time, I had no idea what MS was, or what to expect from it over the long-term.

    I remember thinking that it sounded pretty awful when the neurologist looked at my MRI and pronounced his verdict. Some other doctors suggested that I leave studies altogether and focus on maintaining my health, let alone maintain hopes of building a career, legal or otherwise. It’s been an interesting journey ever since, for sure. I’ve had incidents of relapse during internships at JSA and NDA. I’ve been tempted to give up many times, because simple things that others take for granted, or tasks that ‘normal’ people do on an everyday basis, get very difficult to complete at times. Since I have the relapsing-remitting kind of MS, there are good days and there are bad days, and some phases of relapse, along with a progressive accumulation of disability over time.

    With that qualification, however, I know that I have been very lucky to have had the kind of support from family, friends, doctors, physiotherapists, gym instructors, peers, colleagues, bosses, and employers that allowed me to continue – be it at Tufts, Fletcher, AQUILAW – where I worked during my PhD, Jindal, or S&R.

    We have to reach out for support when we need it. It sounds simple, but it’s very difficult to do. This realization itself goes a long way in taking care of oneself.

    We have heard that most law schools don’t focus on practical skills, and the current demands as well, what are your thoughts on the same, and how law students and other professionals can upskill their game?

    I was teaching at the Jindal Global Law School before re-joining S&R Associates as Counsel. I think that educational institutions (and the wider pedagogical culture that such institutions uphold) undergo some learning over time and adapt themselves to new dynamics, especially in order to remain competitive and relevant. Compared to my time as a student, law schools these days need to, and do, focus a lot more on practical skills, including actively seeking out legal practitioners to conduct sessions where stories from the trenches are shared to give students a better idea of how things work in the real world.

    At least that’s what my first-hand takeaway was, from my 3-year stint at Jindal – where as an Associate Professor, I offered courses on contract law, investment law, M&A and PE, etc. I myself used case-studies and real-life examples to familiarize students with the commercial law aspects of the courses I taught. The idea was to provide a holistic and ‘practical’ learning experience for all students. The Bar Council of India, too, has introduced various new curricular requirements that focus on such practical skills in keeping with the times.

    Lastly, any 5 best pieces of advice for our readers?

    I honestly doubt that my ‘advice’ will find resonance across the board. Nevertheless, here goes:

    1. Make plans. These are building blocks of your future.

    2. Expect said plans to go awry. Bad things happen, none of us is special. Be prepared to improvise.

    3. Keep an open mind, and keep learning. Staying relevant and curious is half the battle.

    4. Stick to your strengths and build on them.

    5. If possible, have fun meanwhile. Life is short. No point making it more painful than it needs to be.

    Get in touch with Deborshi Barat-

  • Rishika Kumar, Senior Associate at AB Legal (Advocates & Legal Consultants) In a Discussion With SuperLawyer On Corporate Litigation And Opportunities In Same

    Rishika Kumar, Senior Associate at AB Legal (Advocates & Legal Consultants) In a Discussion With SuperLawyer On Corporate Litigation And Opportunities In Same

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    It was way back in my school days, when I was introduced to the subject of Civics. The subject itself is so enriching and intriguing. It was then, when I was briefly made aware of our judicial system as well as our fundamental rights, which instilled in me the hunger to know more. Hence, the quest began to learn more, which eventually brought me to a decision of taking up law as my career.

    It has been said by many, that follow what interests you and you would never fall back. During my initial days while I was an intern, I ensured that I should get to taste as many genres of law as I can.

    However, in the journey, the eagerness to learn more, was lost, rather, it shifted to the idea of having a comfortable corporate job.

    But life has it plans and eventually, I landed up with one such firm in my final days of internship which gave me a taste of corporate as well as litigation and this combination not just awed me but also ignited in me the fire of learning, which was lost in the process of becoming a lawyer from a law student. Today, it has been more than 3 years that I am working as an Advocate and the journey of a corporate litigant has just been so overwhelming, that I cannot imagine even a single day without the courts and the law.  

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

    It is true that beginnings are always tough, but worth the wait. Starting my career as an Advocate in 2019, was no less than a dream.

    As we all know that Advocates are generally pictured to be an essential character of a courtroom drama and as other Advocates, I always craved to be a part of it. However, those courtrooms became a flowery dream, when the world was hit by covid. In my journey, the major challenge that I faced was of not getting the essence of being an Advocate for nearly 2 years since the courts during the pandemic became virtual.

    The virtual court has its own pros and cons but as an Advocate not going to the courts physically made me miss on a lot many courtroom essentials, as the work was confined majorly to drafting pleadings only. Further, due to work from home, the issue of filing the pleadings at courts became yet another task, hence, the introduction of e-filing was even though a necessary and welcoming change, but was even tougher to execute.

    Nonetheless, when the situation of covid subsided and things started taking its shape back to normal, the courts also started physically, and its almost a year now, since I started appearing before the Courts physically, which has brought the Advocate in me back to life and the experience of past one year has been incomparable.

    What is the most challenging case you have handled in litigation and what were your learnings out of it? 

    Litigation means challenges. Every case has its own beauty and with every case I have learnt different viewpoint in which the law can be interpreted. I won’t say that I have faced ‘the most challenging case’ till date, since I am too new to the industry and yet to explore a lot. Yet, I would say that, I have been fortunate enough to be a part of such a team in which we have faced several cases which are different from each other and are a challenge in itself. I am a part of dispute resolution team and I have been a part of the strategy making, wherein I have understood that there is no straight jacket formula to solve all the cases, each of the case have a distinct fact or law which makes the work more challenging. Moreover, I have a core practice in Insolvency & Bankruptcy Code, 2016, which is an ever-evolving law. The Code has seen several amendments over a period of 6 years and with such amendments the challenges pertaining to each case has arisen. Accordingly, the challenges have taught me to be abit more proactive towards the amendments, to be more patient and have perseverance to attain a finality in a case.

    Rishika, according to you, what exciting opportunities can corporate litigation bring in the future for the upcoming generation?

    The upcoming generation tends to have an urge to “have more in less time”. Corporate Litigation is that genre of law which provides the new gen-z lawyers a platform to have a mix experience of the business law along with the its practical application i.e., having the taste of litigation at the same time.

    With the increasing trend of start-ups in the country, there is no escape from Corporate Litigation and it is to be understood that Corporate Litigation not always aims towards court proceedings, but also has the essence of mitigating the risk of litigation in several corporate and commercial dealings by way of client counselling.

    With the boom in economy there is no doubt that there will be several business enterprises looking for expansion and restructuring and this also falls under the wing of Corporate Litigation. Hence, it won’t be wrong to state that Corporate Litigation has a lot to offer to the upcoming generation since it is the most modern and trendy genre of law.

    How do you ensure that your clients receive the best possible outcome?  Any hacks for the same?

    One of the basic principles to provide the best outcome to the client is that you have to be a good listener. In order to provide a suggestion on point, it is very important as a Counsel to hear your Client at length. A patient hearing would not only allow the Counsel to understand the facts clearly but would also help in co-relating the same with the applicable laws and to strategize the whole case. Secondly, which bears the utmost importance is, the communication between a Counsel and its Client which must be transparent and clear.

    It is essential that the Client must not hide any facts from its Counsel and the Counsel while taking up the case, if feels that the case is strong only factually and has a weak leg in law, then the same maybe well informed to the Client.

    Further, as a Counsel we ensure that our Clients are duly updated about their matters and hence all the developments howsoever small that be, should be informed to the Client in a timely manner. Thus, it is really important as a Counsel to make the Client comfortable enough to share its case and therefore a welcoming environment is must and necessary in order to retain the Clients.

    Rishika, is freelancing worth doing in the legal profession and if yes, how to master the same?

    Personally, what I believe is that, freelancing in the initial stages of the profession is a sheer waste of time and is a strict no-no for me, as it involves a lot of struggles for a newbie. However, one can very well be a freelancer after spending a sufficient amount of time in the industry.

    To master this art it is essential for one to showcase the market your USP and once people have known you because of your knowledge, you build good connections and then it is way easier to be a freelancer. 

    How useful do you think the idea of Metaverse would be in the legal industry?

    Honestly, what I believe is that Metaverse is a whole new concept in itself and this sudden change of everything from physical platform to virtual platform is not an easy change to be acceptable by all especially in the legal industry. The idea of Metaverse may sound very fascinating and may be a time-saving one, but for me these are dreamy and may have serious repercussions.

    It won’t be wrong to say that till date we have no stringent check and balances for securing the privacy and confidentiality of social media applications as there are serious questions which are still unanswered when it comes to protection of the data of an individual.

    Hence, it might happen on the digital platforms that the privileged relationship of the advocate and client is violated as the privacy is at stake as there exists no regulatory forum for such virtual universe. Therefore, it is true that things are changing rapidly in the intent to achieve a digitalised world but we are missing out on basic essence and enjoyment of everything at its pace.

    What are your thoughts on the frequent amendments that are brought under the IBC every now and then?

    Basically, amendments in a law showcases that, the law is being put to use and is being utilised by the population at large. It is true that laws have to be amended with time so as the same is viable enough for the legal system. It is quite imperative to amend the law but doing the same constantly makes it difficult to interpret and implement, as, there have been situations wherein, a case of a Corporate Debtor is pending for approval of Plan before the Adjudicating Authority, and meanwhile an amendment is introduced which has to be incorporated into the Plan and hence, the Plan is to be revised.

    This effects the whole intent of the Code as it aims towards a time-bound resolution. It is thereby certain to note that amendments are essential but it should be affected and necessitated only at certain intervals and that too with a proper mention of the nature of such amendment, i.e., prospective or retrospective, as deemed necessary, for the development of the Code.

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

    It is apposite that, for a first-generation lawyer to make a mark in the industry, it is essential to have patience, perseverance and must be hardworking along with smart work. A first-gen lawyer should mainly focus on networking and building connections.

    One can build connections by being a member to a Bar Association, wherein, one gets to meet a lot of lawyers from different genres and further, one should also attend events, seminars and conferences to build contacts. However, mere getting contact is not building, it is important for one to regularly follow-up with the new contacts. Hence, in order to build network, one should be well-recognised and known in the industry and that can either be by way of working or by way of building contacts.

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

    I have completed merely 4 years (approximately) in the legal industry and I myself is at a tender age in my professional career to advice the young ones. Nonetheless, I would like to share 3 of my basic principles which can benefit the young lawyers and they are:

    1. Know your interest, to show your interest at work;
    2. Work to learn and not to earn, as earnings would follow subsequently; and
    3. Keep clam and work hard, as there are no short-cuts in life.

    Get in touch with Rishika Kumar-

  • Anmol Maheshwari, Commissioning Editor at LexisNexis India In a FireSide Chat With SuperLawyer On LLM in IPR, Role Of Content Manager and Legal Researching

    Anmol Maheshwari, Commissioning Editor at LexisNexis India In a FireSide Chat With SuperLawyer On LLM in IPR, Role Of Content Manager and Legal Researching

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

    What was your motivation behind choosing law as a career?

    Growing up, I spent my formative years in the company of my grandfather, who remained deeply embedded in social and political life for as long as he lived. I used to accompany him to many of his social gatherings full of lawyers, local politicians and judges which gave me an opportunity to plunge in the stirring political discussions. Every time I listened to them, I realized there was so much more to it, than what was being said. During one such event, my grandfather once said, “Look around…if you also pursue law, it will help you be whoever you want to be” and that is when I finally decided to turn his words into actions.

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

    To get a job was probably the easy part but real game is to survive and thrive in it. There is a significant difference between knowing the law and its application to any legal role held by you. To put it simply, knowledge is theoretical, and skills are practical. You may be well versed with the rules of the game, its history and the statistics. But this only makes you well informed and knowledgeable, it does not make you skilled in it. To be good at a game, you must consistently practice your skills and techniques.

    Similarly, in a job knowledge is not everything. Skimming through multiple case laws, absorbing wide range of legal knowledge, being able to itemize relevant legislations does form an integral part of law school curriculum. But this is only the first step. Once you enter the real world, the project or case you are handling might require advanced research and that is where you have to showcase your skills.

    To be able to undertake that research, articulate thoughts and express ideas effectively using verbal and written communication skills to multiple audiences, as well as to listen for meaning and understanding forms a crucial part of your career.

    With LLM in Intellectual Property Laws, what drew you to this field of legal researcher and content manager, eventually as a commissioning editor?

    I studied Intellectual Property Laws from Gujarat National Law University. Ostensibly, it doesn’t sound relevant to any of my jobs but my education is coming strangely handy as my course helped me develop research and writing skills, the ability to present and argue persuasively and to develop an eye for detail.

    In particular, I chose to be in research and academic publishing because I have always enjoyed interacting with the professors and other scholars as they are the people really cutting edge with their subject area and sometimes many subjects at the same time. So, I thought it would be terrific to work with these people and be paid for it.

    What are the essential skills, abilities and personal attributes required to make it to the field of Legal Research, Writing and Publication?

    Publishing is a creative industry so commercial awareness and strong verbal and written communication skills will get one far in publishing. Focusing on research skills is also equally important. It is crucial to understand how to perform legal research, including where to start and the steps to follow. Perseverance is the key when it comes down to research.

    Can you recommend trade journals, magazines or professional associations which would be helpful for our readers?

    The World Trade Organisation produces a wide range of publications on various trade-related issues. Most of these publications may be downloaded from the WTO website. Also, WorldTradeLaw.net offers a free library of trade news and resources, as well as a subscription service, which provides summary and analysis of all WTO reports and arbitrations; a keyword index; a database of dispute settlement tables and statistics; and a user-friendly search tool for WTO cases, legal texts, and other documents.

    How does your work affect your general lifestyle?

    The working culture of publishing industry is exciting, and the working hours can be long sometimes but not insane. The industry does offers you a good work life balance. It’s a busy-buzzy environment to work in so one must be highly organized and really good at juggling between multiple tasks.

    What kind of problems and challenges do you deal in the publishing process?

    The biggest challenge is to procure manuscripts from authors within the scheduled time frame. Editors have to ensure that they do not miss the publishing deadline and authors don’t miss their writing deadline. For this, the editors are required to establish a tremendous working relationship with the authors which involves detailed correspondence and having a lot of empathy for the authors to be able to put yourself in their shoes.

    Throughout the publication process the role of editor never ceases. At any stage between signing a contract till the product hits the market, editor is the point of contact for all concerns and queries authors might have. Suppose if you are giving the authors really tight deadlines you have to explain why that is and do what you can to help them through to avoid potential slippages. Any delays at early stages can have dramatic effects on publication schedules especially when the publishers have already been advertising a book’s release and the due date needs to be changed.

    Therefore, to avoid any delays, editors spend a large part of their working week speaking with their authors. All of this is in addition to a whole myriad of administrative tasks that always need to be done.

    If you could do it all over again, would you choose the same path for yourself? If not, what would you change?

    Big YES! By the end of graduation, I was certain that litigation or working at a law firm never inspired me and during my post-graduation I realized that I am more inclined towards research and writing. Needless to say, the decision to follow my passion came with its own adjustments, particularly in terms of compensation. But the flexibility and work life balance my job offers always keeps me afloat.

    What advice would you give someone who is considering being in this field?

    The key to achieving anything and everything you desire is Action.

    So, “Wish for it, Hope for it, Dream of it, but by all means do it.” – Leslie Levine

    Get in touch with Anmol Maheshwari-

  • Maitreyi Kannur, Senior Associate at JSA In a Discussion With SuperLawyer on Litigation Management and The Role of Legal Tech In Same

    Maitreyi Kannur, Senior Associate at JSA In a Discussion With SuperLawyer on Litigation Management and The Role of Legal Tech In Same

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

    Was pursuing law planned or did it all happen by chance?

    It was an informed decision. I have had a fondness towards business because my father was from a business background. At a very young age I understood the need and importance of sound legal advice to run a business. My inclination towards law was initially drawn from the need for good and correct legal advice to run a business successfully. I decided I want to study law thereafter and after that there was no looking back! 

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

    Initial struggles obviously is very individualistic in nature. When I think about the initial struggle I can think of three things (i) being able to cope with the time and effort this profession demands ; (ii) court craft and presentation of matters and (iii) ability to find a place of comfort and fit in culturally in an organisation. 

    My take on point (i) is that while you’re are studying law and on your way to become a lawyer you already know what you are getting into!  If you have interned at the right places and I stress ‘right places’ you already know this profession is very demanding. So you are mentally prepared and I have the the hunger to grow so coping with this came naturally to me and yes, it takes what it takes!


    With respect to point (ii) the only way to deal with it is read your file. Confidence is key to a lawyer’s progress and success. In my experience confidence is self built and it doesn’t matter who and what stage of your profession you are at. To exhibit the confidence in court, one needs to fight the fear and that fear vanishes when one is a master of his/ her file. This has always worked for me as I have been able to avoid surprises in court and during hearings.

    Knowing the file a-z gives you a sense of power in court to present your case better by assisting the court better and representing your client better. Once you have mastered your file the clarity helps you present the matter in a structured manner. 


    Despite the above, there has been a situation when I was asked to present a case before the Hon’ble high court of Karnataka at Banagalore and due to my sheer over preparedness I didn’t know where to start from and my first one minute went in silencebefore court.

    The reading and over night preparation came to my rescue when the judge asked me a question on the matter and I was able to quickly pick up from there and Yes, I was able to obtain a favourable order in the matter. 
    The point being it’s okay to be nervous and it’s okay to fumble in court but a non- negotiable is not preparing for a matter.

    The preparation will come to your rescue at the time of need and it has in my experience. 
    With respect to point (iii) it’s a game of chance. The trial and error theory worked for me. I have worked with 3 organisations so far. I started off my career with a pre placement offer from Dua Associates after an internship. Thereafter, I worked under Senior Advocate Mr Udaya Holla and currently I work at JSA.  

    I had interned at all these places during law school. So I was familiar with the work environment which worked in my favour. 
    Although there is no straight jacket formula! I think the only way to cope with struggle is channelising your mind! Mindset is the key! 

    With experience I realized how to prioritize what are the actual issues and what are non- issues that can be ignored. The other key was acceptance! You can’t change everything and everything is not black and white. When you decide you will put in what it takes you’ll learn to deal with situations and when I say deal with situations I mean priorities your issues. 

    Among all the specialisations, i.e. Insolvency & Bankruptcy, Drafting, Arbitration, Debts Recovery, Criminal related, Company law, etc., which one do you find the most interesting and challenging? 

    I am a commercial litigator. I deal with civil commercial litigation and arbitration. I have always been inclined towards arbitration and commercial matters. For me the most interesting and challenging part of litigation is cross examination whether before an arbitrator or a judge. I had the opportunity to cross examine a witness from Greece in an arbitration and even after days and sleepless nights of preparation I realised the art of understanding a witness and strategising and most importantly re- strategising your cross examination plays a primary role. 

    Needless to mention strategising a case can effectively happen only when you have mastered your file and the facts.
    The effort and time put in a matter will always be useful and that is the most challenging and interesting part of litigation. 

    What all does litigation management include, and do you also use legal tech often? How useful its been for you?


    Litigation Management is key. It could be as basic as file management. A litigator is handicapped without his/ her file before any court/ tribunal. This also means organisation and being organised is very essential for a litigator. 
    For instance – As everyone knows litigation /arbitration files are voluminous generally. Therefore, arranging the file is essential. You have limited face time on each matter while representing your case.

    When the judge asks you a question and you start looking for the documents during that time, you can consider half the battle lost. 
    Presentation of a matter is key! Therefore, behind the scene work is time consuming and very necessary. 
    With respect to usage of technology, we are still on a snail pace as on now. 


    How do you stay up to date on the latest legal developments and apply the same in day to day practice?


    I can’t deny this is a challenge. My senior and my former boss being Mr Udaya Holla always stresses on reading and these days everything is digitalised. He always said don’t finish your matter in court and go home. Please sit and read. If I have to pass a message to someone I’ll pass the same. If we aren’t spending time till 10- 11 pm reading and preparing on matters, we are not going to make it.


    Also there are a lot of blogs which are handy these days leaving witnessing day to day court proceedings. I use Daksha legal, SCC online and live law regularly. Leaving that thankfully JSA has a full fledged knowledge management team who tirelessly work to put together the latest updates which I have access to. 
    Also, as a lawyer, one reading of a particular case/ legislation will help you multiple times. You may read that particular case law or legislation for one particular matter but you will end up filing similar petitions for another client and eventually end up using the same material. If anything you’ll build on existing knowledge. 

    Any roadmaps that were followed by you in this journey Maitreyi? 
    Off course, yes.

    Everyone has heard that there is no substitute to hard work but in addition to that there is no place for wrong attitude in this profession. 
    Always remember, there is always someone who can replace you and there are zillion competent people out there with the hunger to provethemself. Being grateful and keeping the right attitude is key. 
    An organisation will be willing to teach you the law and the skill to work on a matter but will not tolerate a wrong attitude. Focus on the right attitude towards work. 

    What strategies work best in dispute(arbitration/ litigation) matters ? 

    Hard work without deliveryon time will have no meaning. 
    In a span of two weeks, I had 2 situations where the client approached us to obtain urgent restraining/ stay orders respectively. I had to not only draft the petitions over night but also file and obtain favourable orders. Hard work is of no use if you cannot deliver within steep deadlines. Yes! We obtained favourable orders in both the matters. 


    The need and hunger to deliver has always been important to me. It is also important to keep it uncomplicated and simple. Let it be drafting, presenting a matter before court and / or cross examination. Keep it simple and clear. Every unintentional ambiguity will cost you the matter. 

    Nowadays, people don’t have that zeal to pursue a career in litigation, what can be the reason for that apart from job security in corporate?

    Well that’s a choice. I don’t fully agree that people don’t have the zeal for litigation. Litigation jobs are equally secure and satisfying and I am a living example of it. 

    Any 3 advices that you would like to share with our audience


    Advice – 
    (i) Get immune to unrealistic timelines. 
    (ii) Execution and delivery is equally important as behind the scene work. 
    (iii) It will atleast take you a year to understand if you like what you are doing or the place you are working at. Don’t change or quit your job as soon as you face a non work related or a work related issue. 

    Get in touch with Maitreyi Kannur-

  • Lokesh Bhola, Managing Partner at Legal Icons In Conversation With SuperLawyer Shares His Side On Struggles For A First Generation Lawyer

    Lokesh Bhola, Managing Partner at Legal Icons In Conversation With SuperLawyer Shares His Side On Struggles For A First Generation Lawyer

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

    Was pursuing law planned for you or it all happened in a flow? Kindly share with our readers.

    It was not at all planned. After completing 10+2 in commerce stream, I opted to become a Chartered Accountant. I had even took admission and deposited fee for that. During that time, five year course from I.P. University, Delhi was introduced and  my father influenced me take a plunge in the field of law. I had appeared in the common entrance test conducted by the University and was fortune to get admission in limited ‘free seat’ on basis of merits.

    Initially it was more of subjective learning rather than practical and took some time to get myself adjusted in that flow. Afterwards, I had started developing my interest and scored well thorough out all semesters. Never thought that I would become first-generation lawyer in my family, however destiny has chosen so for me.

    What do you think, which specific advice has helped you come thus far in law? What is that one motivation that keeps you going in life?

    As a first-generation lawyer, the journey has been quite tough yet exciting. Working as the junior most associate in the Law Firm to heading a boutique Law Firm has been an overwhelming and enriching experience.

    The hurdles on the path of this journey, especially as a litigation lawyer, are tough to handle. Consistency and Dedication are two stepping stones for almost every success.

    Do not expect quick results especially while practicing as litigation lawyer. Change the mindset from working as employee to working like a professional. Own responsibility for every step taken by you while working on a matter. Success does not come without failures. We cannot have favourable results the way we thought every time, however we should be capable enough to be responsible for those results.

    Initially many colleagues even left the profession due to various reasons like low income, great hard work with slow or no results and that had sometimes demotivated me to choose this profession, but like a pillar of strength and motivation my family stood beside me and here I am today, enthusiastically climbing the ladder with more than seventeen years of experience and having Law Firm of my own. 

    Could you brief a case you were led on that substantially broadened your knowledge of the legal field?

    In last seventeen years, I had the privilege to lead as well as assist my senior colleagues in various corporate commercial matters across different Courts and Tribunals. 

    I fairly remember a matter dealt by me in my previous law firm, where we used to brief Late Mr. P.P. Rao, Senior Advocate in a constitutional matter being tussle between State Government and Union Government to enact law to control and supervise State Universities in the State of Himachal Pradesh.

    We used to take him for hearings before High Court of Himachal Pradesh at Shimla. In my entire career, I have not come across any other Senior Advocate like Mr. Rao, who was so thorough and clear in his understanding on the constitutional matters.

    He used to throw case law citation as well as its relevant paras to us while briefing him. That matter has surely broadened my concepts on educational and constitutional matters. I think it was his hard work and good wishes that we won that matter on his birthday.

    As an empanelled Arbitrator with prestigious Delhi International Arbitration Centre at High Court of Delhi, I have gained experience of deciding matters judiciously which has helped me in proving reasoned and more apt interpretation of legal issues.

    Lokesh, you have over a decade of experience in legal, how do you see the legal industry coming up with new concepts and creating exciting opportunities?

    India is a large country and the biggest democracy in the world. We have by far the longest constitution in the world, so the laws are accordingly quite vast. Similarly, there are host of Cases pertaining to Supreme Court and High Courts. Both these are referred regularly in the current set of cases and used immensely in the courts and by the lawyers. All this can happen only through digitization and having effective analytical tools which can help a Lawyer to quote relevant cases in the court and the corresponding Legislations and Provisions.

    I can see a lawyer walking into the court with a simple Tab and referring to relevant Legislations/Cases and the Judge verifying the same through his online terminal linked to the Master Registry. No more attachments of papers/cases/book portions etc. It makes the system faster, accurate and efficient.

    There is a huge role for Digital Transformation to play in the Legal Industry. We are far too behind in this area compared to our western counterparts. Undoubtedly, thanks to corona period, we have come a long way in transforming ourselves from a paper-based judicial system to a digital system. However, lot more is required to do in this field to help in surviving in faster pace.

    You have been there in some really big deals, how would you educate our readers about the risks attached to the same?

    Every journey has up and down graph like an ECG report. It is always fascinating to deal big ticket matters, however the same comes with many fold of challenges and expectations from client and senior colleagues. It’s true that our hard work should not depend upon the quantum of the matter dealt by us, however high stake matters involves greater effort and strategy to deal the same.

    Don’t hesitate to take opinions from expert or senior colleagues in a ticklish matter. A direction is must to achieve a goal. In a litigation, experience has bigger role than the academics. One should always adapt to learn not only by reading and research, but learning from experience of others especially your senior colleagues.

    A small court crafting skill can save you from multi-fold hurdles and that comes from court experience. A young lawyer should sit and watch proceedings in court rather than roaming outside courtroom waiting for his turn to come. A lawyer must not enter courtroom without reading his brief as you never know what may come from bench as a query.

    What strategies do you use to ensure that your clients receive the best possible?

    My preparation for a matter starts from first meeting with the client. We should make goal oriented strategy in a matter that too keeping in mind the financial implications on the client. Now a days, thanks to multiple courts and forums, we have various alternatives available to churn out results in a given matter in a most possible and economical manner. My endeavour is to pull our best suitable remedy out of bunch of options available for a given client considering his financial capabilities and timelines to get desired results.

    At the same time, a lot depends upon the zeal and hunger of client to get results in a given time frame. Many clients opt not to disclose correct and complete facts on the threshold which leads to multiple hurdles and greater time to achieve the desired goal.

    Workplace harassment also contributes to mental health issues that last forever, what are your views on the same? 

    Work-life balance is very important to ensure a long term efficiency in work and a satisfaction in your personal life. Workplace stress can be managed by fixing short term goals and taking all possible effort to achieve the same.

    Being a Partner, I try spend sometime with my team members to interact and discuss work and the general life related aspects. However, one needs to prioritise the work and maintain a discipline during the working hours.

    I am a strong supporter of not carrying the work related stress to home and spend my away time playing with my daughters as well as working out. It is equally important to take care of your health and therefore, I have made it a routine not to carry work at home except in dire emergency.

    Lastly, any 5 best pieces of advice for our readers?

    Legal field requires continuous study and keeping yourself updated of the latest developments. So, it is very important to make an early habit of reading latest judgments as well as precedents. Young lawyers should also visit Courts and hear established legal practitioners argue the cases in Court.

    There are no substitutes for hard work in law. I’ll quote J.R.R Tolkien, when he said “Shortcuts make long delays.” There are 5 P’s success formula  – Passion, Patience, Punctuality, Perfection and Politeness.

    Get in touch with Lokesh Bhola-

  • Deepika Pokharia, Senior Associate at Saikrishna & Associates In a FireSide Chat with SuperLawyer on IPR, Taxation and Evolution of NFT, AI and Metaverse

    Deepika Pokharia, Senior Associate at Saikrishna & Associates In a FireSide Chat with SuperLawyer on IPR, Taxation and Evolution of NFT, AI and Metaverse

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

    Was pursuing law planned or did it all happen by chance?

    I would say it was planned for as long as I can remember. When I did not score the desired rank in my CLAT examination, I decided to do law post-graduation. I studied B.Com (Hons) at Shaheed Bhagat Singh College, Delhi University and thereafter, took admission in Campus Law Centre, University of Delhi. I have always been inclined towards litigation and so far I think it is working out well for me.

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

    I have been very fortunate both in terms of having the absolute freedom in my career choices and finding the right opportunities. I started my professional journey with Wadhwa Law Chambers as an IP Associate.

    Despite working in a relatively niche field of law, I was exposed to all kinds of work ranging from general advisory, commercial litigation to transactional work. Additionally, smaller teams ensured significant contribution in every matter.

    I just feel that as a first generation lawyer there is certain lack of insight or clarity one has in figuring out their career goals. That being said, everyone has different journeys and law being the dynamic profession it is, every opportunity irrespective of the organisational structure or area of practice is worthwhile. 

    The only major struggle for me (as well as my peers) has been to achieve a work-life balance, which generally becomes impossible in smaller set ups. This problem is also supplemented by our own deep-rooted conditioning and seeking validation in overworking. I think having a healthy professional relationship with your senior(s) is significant in resolving any such workplace issues.

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

    That’s a very wide question given the range of IP rights and Tax statutes in India.

    To answer it briefly, I would say insofar as IPR is concerned, understanding the overlap between various IP rights is extremely important. Additionally, in any intellectual property issue, whether litigation or transactional, the foremost consideration is determining the scope of the IP right involved.

    Again, taxation has a very wide domain. While having a basic understanding of the tax implications, statutory timelines and compliances is a prerequisite to any tax dispute, one needs to be updated with the ever growing developments, jurisprudence and amendments. Circulars, Press Releases and Notifications also assume a significant role in understanding taxation issues.

    What are the most prominent challenges that you have come across while dealing with Tax and IPR Transactions? 

    Both Tax and IPR happen to be slightly technical fields and as such breaking down the legal issues is always a challenge. Lack of substantial precedents with relatively new enactments such as the GST Act poses another challenge. For that matter, even the concepts of Design law are still not well-settled in India.

    Deepika, how do you ensure that clients’ intellectual property is adequately protected, and what are the basic compliance procedures one has to work upon? 

    I have personally witnessed a growing awareness about the importance of intellectual property (particularly trademarks and copyright) amongst upcoming business and entrepreneurs. Brand protection is finally being considered paramount amongst businesses, who not only seek to protect their brands but also understand the legal consequences of intellectual property violations.

    The basic idea is to start early and secure statutory protections. The importance as well as effectiveness of  IP Prosecution cannot be underestimated.

    What are the most common mistakes you see businesses make in IPR nowadays? 

    Like I said, businesses, irrespective of their size and operations, are increasingly becoming conscious of intellectual property rights. However, not acting early enough both in terms of protection of one’s IP rights and initiating actions for any infringement/violation poses significant problems.

    Besides this, businesses need to be extremely wary of loosely-worded agreements whether it be licensing, settlement or even employment contracts insofar as they pertain to ownership of the IP rights.  

    What resources do you recommend for staying up to date in law? Any blogs that you always keep an eye on?

    Insofar as the general and daily legal updates are concerned, dedicated legal news resources such as Bar and Bench and Live Law already cater to a significant audience which even includes non-lawyers/legal professionals.

    For developments in the field of IP law, I find SpicyIP and IPWatchdog very interesting. For that matter, LinkedIn has now become a great source for legal updates. More often than not, I find myself looking for a case law on LinkedIn because I recall scrolling past something familiar on the platform. What is really great about LinkedIn is that its not just independent practitioners or firms sharing daily updates but law students having an inclination towards IP.

    If your university or office have a PTC subscription, I would always recommend skimming through it.

    Deepika, you’ve been quite active in these IPR dealings, but lately we are witnessing the evolution of Metaverse and NFT, according to you how will it affect the legal industry?

    I feel with every technical development/evolution, comes in the legal disputes. Internet and e-commerce have opened floodgates of litigation with IP disputes constituting a major chunk of it. Similarly, copyright and trademark issues particularly, one concerning the ownership of such IP rights in NFTs seems imminent.

    “As dependency on tech and AI will increase, issues pertaining to security and privacy will also witness an increase”, please throw some light on this statement.

    That goes without saying. Digital footprints and access to personal data invariably leads to security and privacy concerns. While it is impossible not to move along with these technological developments, we will have to educate ourselves of all the possible repercussions.

    Just last week, there has been a lot of discussion on privacy issues concerning the Lensa AI mobile app which is being used by several celebrities/influencers across social media platforms for sharing their AI generated “avatars”.

    Any 5 best pieces of advice that you would love to give to our readers?

    Well, here are the five takeaways from my experience so far:

    –Constantly reassess your growth and goals. What gives you work satisfaction today, may not tomorrow.

    –Insofar as possible, work on all sorts of matter and do not pigeonhole yourself.

    –A law degree does not necessarily translate to litigation so explore your avenues.

    –Professional work ethics and accountability goes a long way.

    –Lastly and most importantly, break out of your legal circle every now and then. Meet your non-lawyer friends, engage in discussions about anything but law. The idea is to expand your horizons and avoid the burn out.

    Get in touch with Deepika Pokharia-

  • Vijayanand Subramaniam, COO at Transasia Soft Tech -Cyber Risk Management In Conversation with SuperLawyer Speaks on Risk Assessment ,Cyber Security & Careers in Same

    Vijayanand Subramaniam, COO at Transasia Soft Tech -Cyber Risk Management In Conversation with SuperLawyer Speaks on Risk Assessment ,Cyber Security & Careers in Same

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

    What inspired you to pursue a career in Cyber Security and Technology Law? 

    I have in most part of my career been engaged with leading industry verticals which are prone to high risk, BFSI being prominent amongst them. Risk management has been one of the primary focus for most senior executives in any form, be it operational risk, credit risk, compliance risk, security and fraud risks and so on. Given the fact that I have been a Banker and also spent a decade with technology coupled with a background in law, this only got better with changing digitization trends. Emerging technologies paved way for a deeper engagement that prompted me to move towards Cyber Law and Cyber Risk Management.

    What challenges have you faced while working in this field? 

    As our risk advisory committee comprises of risk management professionals and domain experts from Insurance and technology, we undertook extensive research on modelling in Cyber Risk Assessment & Quantification.  The initial years were quite enriching in terms of brain racking sessions on conceptualizing the idea. 

    Some of the challenges we faced were to identify the key points that could bring stakeholders from diverse industries on a common understanding of Cyber Risk Assessment, Quantification, pricing and claims management. Our key stakeholders are Insurers, Reinsurers, Breach Response Vendors, Cyber lawyers and Corporates.

    Cybercat is an outcome of extensive research in Cyber Risk Modelling, Can you explain?

    This is a non-linear model to quantify cyber exposure more accurately with a very “low error margin”. Organizations can undertake assessment and quantify cyber for catastrophic events, which will assist different stakeholders within the organization namely management, operations, legal, finance and technology to understand business impact and thereby mitigate risk with policy and technical measures or by way of risk transfer to insurers (Cyber Insurance).  The model provides a mechanism to price Cyber risks for Insurance industry.

    What do you consider to be the biggest challenge of Cyber Security and Technology Law? 

    An organization’s major challenge would be to ensure cyber security culture with a top-down approach across the organization.  It is important to understand three principal components of cyber risk which is operational, reputational and litigation risks and ensure greater degree of compliance. The enterprise information security policy should be enforced, delegated and implemented in true spirit. The driving force behind any cyber security program is its leadership and it sets precedence for the organization. Cyber-attacks revolve mostly around the “human angle”. While technology may provide a pathway they have to be handled efficiently as cyber governance, risk and compliance play a pivotal role in addressing these risks.

    What do you think are the most important skills needed to be successful in this field? 

    The field is wide open and there are many avenues today, most disciplines have branched out giving great opportunities . Some of the skills that are required for a career in this field are Cyber security engineering, Network security, incident forensics analysis, Data Architecture, problem solving skills and threat hunting analysis.  

    What advice would you give to someone considering a career in Cyber Security and Technology Law? 

    There will be a huge demand for candidates such as Cyber security specialists, Information security experts, Forensics experts, Privacy specialists, cyber insurance specialists, and Cyber dedicated lawyers in the coming years.

    How have you seen the landscape of Cyber Security and Technology Law evolve over the years and what new opportunities it can bring for people in this field? 

    The quantum of cyber-attacks has leaped over the years exponentially. All countries throughout the world are focussed towards having a National Cyber Security policy and data protection laws.  There are few countries that have exhaustive laws while some countries are yet to have comprehensive laws. The onus now shifts to corporates as measures are required for regulatory compliances without which having regulations is simply defunct. This again will bring plethora of opportunities to legal, Information security and technology specialists or those with techno-legal qualifications as corporates would need specialists to fulfil compliance requirements.

    What do you mean by Strategic Cyber Risk Assessment? and How does C-level executives benefit from the Assessment?

    Every organization today is in some state of fear of getting hit by a Cyber-attack, be it Malware, Ransomware or data exfiltration etc. While in most entities it is the technology that adheres to most of these technical processes it is important for the Senior Management to understand cyber and its impact to business.  Cybercat provides C-Level Cyber Risk Assessment at a macro level for executives to get a broader view of Cyber Risk for their organization. 

    This will assist senior executives to get first-hand information about organization’s cyber posture and the monetary value at risk.  This can further succour in the overall cyber program envisaged by the top leadership in making it a cyber resilient organization.

    What do you think is the most important thing to consider when it comes to protecting a company’s digital assets? 

    Every organization should have an inventory of digital and physical assets and also have a tracking mechanism of inventories.  There are a few things that should be part of mandatory company Asset and data protection policies such as protection of digital assets, viz, password management, Multi factor authentication; Role based access, Encryption and back-up of data. Centralized digital asset management is also used by industry to manage digital assets.

    What are some of the easiest ways of conducting litigation and risk assessment?

    There are multiple ways of conducting Risk Assessments remotely, let me differentiate between Cyber and Non-Cyber Risk Assessments.

    The Cyber or Technology Risk is assessed through the Cybercat©™ platform. The platform itself is a robust internationally validated risk model and proprietary software (Registered and copyrighted) that has been written around the risk platform. This provides a completely automated report for not just assessment, but also quantification in INR/$ terms and recommendations for risk mitigation and improvement. As the assessment is generated on real time basis it would be ideal to run the assessment either on quarterly or trimester basis in order to map the dynamic risk profile. This will cover operational, reputational, legal and technical risk Assessment.

    The other forms of assessment which are core technical would comprise of Vulnerability Assessment and Penetration testing and Red team assessments.

    Non Cyber or Non technology risks have a different objective as they deal with Directors and Officers Liability, Crime Insurance and Professional Indemnity and Contract Risk. They would also need a detailed ERM (Enterprise Risk Management) with specific questionnaires crafted around the key areas to understand the time value of legal dispute and probable loss estimates.

    According to you, what are the most important steps a company should take to ensure its Cyber Security and Technology Law compliance?

    Here are couple of key steps that I can think of:

    • There is an impending need for a strong leadership focus on cyber security.
    • An organization has to drive the cyber security change to create greater awareness and a sense of responsibility amongst their human resources.
    • Organization should have a greater understanding of their systems, network and data and undertake Business Impact assessment to guard against risks and quantify damages.
    • Organizations should evaluate their existing versus newer technologies and put a layered protection to combat cyber-attacks.
    • Organization should consider frequent assessments to find the vulnerabilities and take mitigation actions.
    • The legal team should be proactive in determining the risks related to their organization’s business profile.
    • Last but not the least having a Cyber Risk mitigation plan is inevitable for all organizations to not just understand risk but also to take measures to bring down cyber incidences.

    Lastly, any 5 best pieces of advice for our young law professionals?

    Today’s young law professionals are so dynamic that they don’t need any advice. Yet here are a few things which I suggest out of my experience:

    • Law is an ever changing field and hence one needs to be an all-rounder.
    • Law professionals should look at widening their horizon during their academic stint besides trying to acquire practical knowledge through internships all through the course.
    • Law professionals should keep track of multiple sectors and understand the changes that are happening in each sector.  While one need not be a specialist in everything, but keeping tab of things always helps in creating niche area of practice over a period of time.
    • As there is no perfect solution for anything and only possible options one should ideally think from a future point of view and visualize possible solutions.
    • Young lawyers should ensure to write good legal pieces and publish them in reputed law journals to add credibility and value to their profile which will go a long way in building and establishing their reputation as a subject matter expert over years.

    Get in touch with Vijayanand Subramaniam-

  • Shubham Malhotra, Senior Consultant at Legal League Consulting In a Fireside Chat with SuperLawyer Speaks on Law Firm Management

    Shubham Malhotra, Senior Consultant at Legal League Consulting In a Fireside Chat with SuperLawyer Speaks on Law Firm Management

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

    Tell us a bit about your work life, your dreams, and your aspirations.

    ‘Don’t try to minimize your struggles. Try to make it more meaningful.’

    As a law firm management consultant, there is no room for a dull day. A blend of business management and people management initiatives is what usually keeps me occupied during my day. From assisting law firms in brand-building exercises to handling numerous HR initiatives, my day at work revolves around dealing with multiple roles. I usually say this out of fun that the job of a law firm management consultant is no less than an ‘Actor’ because we play multiple roles during our tenure and each role requires different skill sets and a deep understanding of the character.

    If we talk about dreams and aspirations, ‘I don’t have dreams, I have goals’ (quoting Harvey Spector from ‘Suits’, an American sitcom).

    Adding value, providing rational solutions, assisting law firms in developing their practice, and taking the firms to the next level of growth are a few of my goals as a professional. I believe in the approach of ‘Pragmatism’ and my focus is always on overcoming obstacles for my clients.

    Personally, I always aspire to live a balanced life, giving equal importance to my professional journey and personal aspirations. I believe in the strategy of building small targets, conquering them, and moving on to the next one.

    To sum up, one day at a time.

    Do you reckon any incident motivated you to choose law as a career?

    ‘Law just happened to me.’

    I will be honest, Law as a career never happened to me with any professional desire of being a lawyer.

    I remember, when I was in the last semester of my graduation, every other classmate had a plan for either pursuing higher studies from a foreign university, or appearing for MBA exams, competitive exams, etc. And I was just a curious lad with no plans. That’s when I was introduced to the 3-year LLB program conducted by Delhi University by one of my seniors.

    But I ended up taking admission to Amity University’s 3-year LLB program not because I was not able to crack DU’s LLB exam (no offense to anyone) but because I happen to get a chance to participate in a band competition before ending my last semester (yes, I am a guitarist too) in Amity University and I was astonished by the campus, which resulted in appearing for Amity’s LLB exam and interview, I cracked it (like many others) and did not appear for my Delhi University exam.

    So, to answer your question, I think my irrational decisions motivated me to choose Law as a career.

    How did you decide to leave the world of traditional law and pursue your current role at Legal League Consulting, an Indian management consultancy for the global legal industry?

    “We always have choices. No one’s ever stuck. We are just scared to make those choices.”

    Being a first-generation lawyer, my curiosity to explore the opportunities available in the market for a lawyer made me do ten (10) internships (yes, that’s a lot for a 03-year program student). From interning in district court to a Tier-1 law firm, PSU, NGO, start-up, you name it, I would have done it.

    Even after exploring the legal market, I was skeptical about the career path I want to follow after attaining my LLB degree but all the internships definitely helped me realize what career paths are not a right fit for me.

    It was because of this unstoppable desire of exploring the opportunities that I met, Bithika Anand, Founder & CEO of Legal League Consulting (LLC), and Mr. Nipun K. Bhatiaa, President of Legal League Consulting (LLC), during one of my internships who introduced me to the world of law firm management.

    But my stars had a different plan initially and I got a campus placement at Ernst & Young (E&Y). I learned the craft of forensic investigations for almost 2.5 years and got the opportunity to be part of a few major fraud investigations in the country during my tenure before joining India’s first law firm management consultancy.

    One fine day Mr. Bhatiaa informed me about an opportunity at LLC but being totally unaware of the field I did not opt for it initially. Regardless of not opting for the opportunity, the law firm management domain kept intriguing me. As a result, I did a lot of research and interacted with other lawyers on LinkedIn who were on the same road, and eventually, after almost a year, I made a choice, and here I am.

    Law Firm Management has been talked about in the legal industry, but we would love to know from you what exactly this practice area entails. How can law students prepare themselves for a niche role like this?

    ‘Let Lawyers do the lawyering. Rest, we will handle.’

    From practice development initiatives to building brand perception, from building the best practices for managing the human resources in a firm to building synergies between law firms for better growth and opportunities, from constructing social media strategy to developing knowledge management programs, all come under the umbrella of law firm management practice.

    To answer your question on how a law student can prepare for a niche role like this, sadly, as of now, our law curriculum does not include law firm management as a subject, which I suppose will change in the near future.

    I believe if a student is eager to learn the nuances of law firm management, then the practical experience of learning is a must. Nothing can beat the power of networking and one can start building a habit of networking at a very early stage. Further, a student can develop certain skill sets including (but not limited to) graphic designing, legal content writing, social media marketing, public speaking, etc. which can work as an added advantage while stepping into the world of law firm management.

    In the past, you have worked at Ernst & Young, where you specialised in Forensic Investigation. We would like to know what Forensic Investigation entails and what are some of the skill sets necessary for law students to pursue this niche area of practice.

    Ernst & Young was a great learning experience where I witnessed the world of forensic investigations or as I say, ‘The world of Sherlock Homes’. Forensic investigation entails investigating corporate fraudulent activities and commercial threats to organizational integrity. Conducting marketing intelligence, reviewing financial and other relevant documents, interviewing custodians, etc. form part of forensic investigation.

    If one is willing to build a career in the field of forensic investigation, I would suggest focusing on laws related to fraud, bribery & corruption, and data privacy which include (but are not limited to) the Foreign Corrupt Practices Act (FCPA), UK Bribery Act and Prevention of Corruption Act (PCA). Having said that, practical experience is irreplaceable and I strongly suggest investing time in learning the practical nuances along with developing theoretical knowledge.

    Finally, any advice for young professionals wanting to get into areas of practice like yours?

    “The challenging part is in the beginning; it’s a leap of faith. But I think the most important thing is to just do it. Start.” – Tom Szaky

    Law firm management is a road that is less traveled and I still remember having doubts when I decided to follow my instincts and opt for law firm management as my career option. But down the line, I have realized that patience is the key.

    I always suggest to the young professional to focus on developing a skill set that can help in solving a problem. One can be good at writing content or one can have great designing skills or one can be great at building a network. The key is one needs to find how to be useful.

    The law firm management profession is a roller coaster ride with its constant ups and downs. Keep a good attitude along the road, and life will always find a way.

    Failures or setbacks should not discourage you. Never shy away from making a change and always follow your instincts. Work hard, but also enjoy the process alongside. Most importantly, focus on adding value and being useful.

    As a professional, there will be moments of burnout. Always have at least one hobby. Your hobby will act as your best friend and will pull you up during your downtime’s. I prefer plucking my guitar strings and playing cricket on weekends which is my stress buster and boost me up to start afresh. 

    Explore all your interests during your time in college without any second thoughts. Your marks are important but they will not be the only deciding factor for your growth.

    On your marks, Screw your marks, Go!

    Get in touch with Shubham Malhotra-

  • Upasana Singh Chaturvedi, Founder & CEO at Accords International, Arbitrator and Mediator In Conversation with SuperLawyer on Unconventional Careers in Law

    Upasana Singh Chaturvedi, Founder & CEO at Accords International, Arbitrator and Mediator In Conversation with SuperLawyer on Unconventional Careers in Law

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

    We ask this question to almost everyone, but ma’am looking at your experiences, I would like to flip it a little bit, how did law choose you?

    I come from a family of lawyers, judges, and professors. I think ‘law’ chose me before I was even born. From an early age, I used to sit with my grandfather and used to observe the trials he used to preside over. Also, during my studies in history in my undergraduate course, I realized how a society’s nature is modeled and governed by the legal system that it has. This realization got me interested in exploring law as a professional carrier for myself. The campus law Center, university of Delhi helped me understand law and brush up on my legal and oratory skills.

    What were the struggles you faced in the beginning?

    By ‘beginning’ I believe you mean the beginning of my legal career. I think the biggest struggle is coping with the rigorous work routine and keeping on doing what you like the most. I was always passionate about teaching, so along with my practice, I kept on teaching at Delhi University, IP University, Bennet University, and Sewa Samarpan Samiti, which is an NGO based in India. I think this helped me pursue my dream with passion.  

    Firstly, a big congratulations on starting “Accords International”. Do you mind sharing some obstacles that might come in the way of being a founder at any firm?

    You know I have started to believe in what Elon Musk once said, “starting a company is like eating glass and staring into the abyss”. It is a difficult task to build a company, run it, and earn profits with it. My biggest challenge was to find like-minded people to work with and constitute a team that creates a conducive environment. I have been fortunate to finally find an amazing group of team members. I am liking every bit of it. No doubt you are wearing a crown of thorns, but you are your own boss. Accords International works in mediation and restorative justice. Both these fields are new to India and clients and colleagues are still learning. We provide mediation and restorative services and training regularly.

    When we talk about disputes, most of the time obviously the parties commit the same number of mistakes, and both suffer as well, before even going for conflict resolution, don’t you think there is something out before that? 

    In the event of a disagreement, it is often that the situation escalates to a conflict and then the parties take the matter to the court as a dispute. If the lawyers and other professionals who advise the parties during the initial stages have a non-adversarial mindset, then disputes can be avoided, and disagreements can be amicably settled at very early stages. This is beneficial for all, the clients, the lawyers, the courts, and the society.

    As someone who has also specialized in cybercrimes, bullying, etc, what are the core reasons that these things happen and any unconventional ways to stop the harm?

    Dan Olweus defines simple bullying as ‘unwanted aggressive behavior that is intentional and that involves an imbalance of power. Most often it is repeated over time.  If this is done via an electronic device, then that makes sit cyber-bullying.

    The four Elements of Bullying are- Aggressive Behavior, Power Imbalance, Repeated act, and the players (Perpetrator and victim). If we add a computer, cell phone, and any other electronic device to traditional bullying that will make it cyberbullying.

    The common types of cyberbullying and their reasons are:

    1. Exclusion- Publicly Ostracizing the target from the online world- Possible reason is to make the target vulnerable and lonely.
      1. Flaming- posting personal insults and vulgar texts- possible reasons are power play and intent to humiliate the target.
      2. Impersonation- pretending to be someone else. – possible reason can be entertainment or fraud
      3. Cyberstalking- using the internet and technology to follow someone- (harassment, stalking, revenge, fascination, show-off)
      4. Trolling- to deliberately provoke others- (attention seeking, revenge, boredom, personal amusement, paid by someone else)

    Accords International is working on a model for dealing with cyberbullying and online harm with the help of restorative justice. Teachers, parents, and school management can use restorative practices like regular restorative circles and non-violent communications to de-escalate conflicts at early stages.

    What are the necessary skills to have as a “Trained Mediator”?

    As a mediator, one learns

     To facilitate a conversation between two disputing parties.

    To be objective,

    To be impartial,

    To be an effective communicator,

    To feel empathetic, patient, adaptable,

    To be trustworthy,

    To understand the psychology of conflict,

    To be able to distinguish interests and needs and

    To become a better negotiator.

    “Unconventional careers in law will spoil your degree”, why has this misconception led many people far away from the legal industry revolution and how to excel oneself to reach heights?

    I think this advice worked in the previous century. Today, we live in a world where lawyers are working in tech policy, AI, cyberspace, Outer space, public policy, sustainability, diplomacy, and many other ‘unconventional’ fields. I think law teachers and colleges should update their curriculum on a regular basis and students should not only be exposed to court proceedings but also to the newer developments around the world. Accords International is working with the vision to make such experiences available to Indian students.

     Lastly Upasana, any advice to level up the skill game in this profession?

    I find reading is very important for lawyers to always keep updated and informed. Also, skill-building courses in mediation, drafting, negotiation, tech policy, etc are important to learn about new fields. Accords International has launched its next mediation training for the months of January-February 2023. Training programs like this keep young professionals updated and connected.

    Get in touch with Upasana Singh Chaturvedi-