Can you share with us the pivotal moments and motivations that led you to pursue a career in law, from your academic achievements to your early experiences in the legal field?
Being born into a lawyer’s family, it was more likely that I would end up being a lawyer. However, apart from occasionally taking dictation from my father for his court matters, my exposure to law and litigation was quite limited. I was more inclined towards mathematics in school, which led me to pursue B.Com (Hons.) from Delhi University. My interest in law only piqued towards the fag end of my graduation when my interest in accountancy slightly waned. That is when I decided to join Campus Law Centre, Faculty of Law, Delhi University and study law. I truly embraced law only when I joined Luthra & Luthra Law offices after my graduation, where I got an opportunity to work on several high-profile disputes, connect with some of the brightest minds and occasionally enjoy five-star luxuries. Gradually, in the course of my journey, I have realised that a career in law apart from being a very effective vehicle for service to society, is equally remunerative and rewarding, and offers enough space and time to pursue other intellectual hobbies and interests as well. In hindsight, I feel I made the right decision to pursue a career in law as I could have never done a 9 to 5 job, or a regular government job. Being self-employed and creating job opportunities for others is very fulfilling and exhilarating at the same time.
You started your career at Luthra & Luthra Law Offices and then transitioned to independent practice. What were the key lessons you learned during your initial years in the legal industry, and how did it shape your decision to go independent?
Nearly a year that I worked with Luthra & Luthra was very rewarding and has stood me in good stead during all these years. It was there that I learnt to burn the proverbial midnight oil. On several occasions, after working the whole night, it would only be in the wee hours of the morning that I would come back home. Seeing the hierarchy of lawyers there classified as associates, senior associates etc., I realised that one cannot be in a secure environment for too long and the real challenge in law is to start independent practice. My father being a designated Senior Advocate also played a significant role in this decision. But he made it quite clear to me that your pedigree can only last you as long as you are able to satiate your clients and deliver results. Fortunately, quite early in my legal career, I understood that there are 100 lawyers pursuing 10 clients and that there is going to be stiff competition. And it is only sheer hard work that sets you apart from others. It also taught me to accept both good and bad with equanimity.
As an independent practitioner, you’ve worked on a wide range of cases, including arbitration, complex contract litigation, and various other areas of law. Can you share one particularly challenging case that tested your skills and knowledge and what you learned from that experience?
While there are many such cases and each case teaches you something new, I have a predilection towards my first case as an independent practitioner where I appeared before the Saket District Court and successfully argued a domestic violence matter filed against my client. I remember how I had gone fully armoured with three sets of case law and written notes of arguments and the other lawyers in the courtroom were quite astonished to see this level of preparation for an admission hearing, but that preparation kept me afloat and served me well. I was also commended by the learned Judge for my arguments who took me for a seasoned counsel. This experience taught me that no amount of preparation is too much and one should be fully conversant with the facts of the case supplemented by knowledge of the latest precedents on the subject. I cannot help but mention one of my first arbitrations in a tender matter for a PSU, which was one of the most fulfilling experiences in terms of the knowledge and skills that I acquired. More importantly, that case instilled a lot of self-belief and confidence in me. Another case close to my heart is one before the Orissa High Court where I resisted a petition for termination of the mandate of an arbitrator. I had to really think on my feet for that matter and pull a rabbit out of my hat. It is also true that every time you read a brief, you see a different angle to it and learn something new. Therefore, it is very important to read and re-read your brief.
Your involvement in the ‘ONGC vs. Afcons Gunanusa JV’ case was significant. Could you elaborate on the key aspects of this case and how it influenced your expertise in arbitration and the interpretation of the Arbitration & Conciliation Act, 1996?
The ‘ONGC vs. Afcons Gunanusa JV’ case was the consequence of looming uncertainty and opacity about the fixation of arbitration fees in ad hoc arbitrations in India. Though the Supreme Court in ‘NHAI vs. Gayatri Jhansi’ had upheld the agreement between the parties on arbitration fees as binding, no party dared to cross Lakshman Rekha of suggesting an appropriate fee to the Arbitrators. The Supreme Court finally laid rest to the fee conundrum in ONGC Afcons case and passed necessary directions on determination of arbitration fees; It particularly held that the Arbitral Tribunal does not have power to fix its own fees unilaterally and that the fees must be fixed at the inception of the proceedings to avoid unnecessary litigation and conflicts at later stage. This was truly a watershed case for me in many ways. The learning and lessons from assisting the then Attorney General for India, Mr. K.K. Venugopal, are for a lifetime; the opportunity of appearing before a Bench headed by the present Chief Justice of India and consisting of two future Chief Justices of India so early in my career; the satisfaction from intensive study, research and drafting and the sheer delight of participating in a landmark case is quite overwhelming. It taught me the single most important lesson- that a lawyer never ceases to be a student and it is essential to keep educating and updating oneself. More than the expertise in arbitration, it showed me how to develop command and competence in any branch of law.
You mentioned your academic background in commerce, which provides you with the ability to decipher complex financial statements and transactions. How has this background been beneficial in your legal career, especially in cases involving financial matters?
I honestly believe that background in commerce is helpful particularly when you are handling heavy stake arbitration matters. In any commercial dispute, there are two important aspects to the case: firstly, the party who is in breach and secondly, the measure of damages. It is the latter aspect, when you go into the proof and quantification of damages, i.e. financial claims, interest on capital, vouchers, ledger accounts, balance sheets, auditor’s report running into thousands of pages, that the knowledge of commerce comes in handy. I know quite a few brilliant lawyers who are not able to decipher basic P&L Account statements. I therefore recommend everyone to take a crash course in commerce, even if one has not pursued it at graduation level.
You’ve authored articles on a wide range of legal subjects. Could you share one article that you are particularly proud of and explain why it’s relevant in the legal landscape today?
Honestly, at the school level or college level, I never had any occasion or inclination to write any article. In fact, it was a very dear friend of my father-a retired bureaucrat, who motivated me to write even before I became a lawyer. He was editing a magazine in the early 2010s and gave me a platform to publish my articles. But out of the 25-30 articles that I have authored so far, it is very difficult to pinpoint one, yet I will pick my article ‘Suo motu cognizance: A panacea or a predicament?’ that was published in ‘Bar and Bench’ during the first wave of Covid. I honestly believe that this article continues to be relevant even today and ought to kindle more debate and discourse. I had received a great deal of appreciation for that piece of writing from many retired judges, senior counsels and colleagues.
Your experience involves working with various PSUs and handling different areas of law. How do you balance the diverse needs and legal challenges posed by your clients in the public sector, and what strategies do you employ to provide tailored solutions?
Dealing with PSU clients, as a matter of fact, is much more challenging than dealing with a private client and there are several reasons for this. In a PSU, there are various departments, namely marketing, finance, contract & procurement, HR etc. headed by a particular officer. At times, they are working at cross purposes unknown to them. If a dispute erupts against a contractor, all departments are interacting with the contractor speaking in different voices and tones; The process of harmonisation becomes a challenge. There is a vigilance angle in every case; you have to be doubly cautious while drafting pleadings for them. Unlike a private company, RTI applies to PSUs, any suppression or misstatement can land you in a soup. Remuneration is also meagre compared to private clients, but yet it is a delight to appear for PSUs because by and large the officers are upright, sincere and very well-educated and committed as well, although public perception is somewhat different.
Finally, what advice would you give to fresh law graduates who are just starting their careers in law? What skills and approaches do you believe are crucial for success in the legal profession, particularly in the context of your areas of expertise?
All that I would wish to say is that there is no substitute for hard work. I also maintain that a brilliant person may fail, but a hard working one can never fail. Proficiency in written and spoken English cannot be overemphasized. Of course, honesty and integrity are an absolute must, particularly when dealing with PSU clients. In a way, the legal profession requires no different skills than you would need in any other profession. It is hard work and honesty, coupled with a little bit of luck and maintaining level headedness and an affable demeanour throughout that will succeed.
Sir, can you share your journey from working as an Associate to becoming the Managing Partner at The Valid Points Law Offices? What motivated you to establish your own law firm in 2023?
Absolutely, I appreciate the opportunity to share this journey. The trajectory from an Associate to the position of Managing Partner at The Valid Points Law Offices is an intricate tapestry of professional growth, personal revelations, and a deepening commitment to my ethical practice, committed client service and effortless relationship management.
Starting as an Associate, I was initiated into the world of legal practice under the aegis of seasoned professionals. This foundational period was critical. My days were characterized by exhaustive research, drafting legal memoranda, interfacing with clients, and assisting senior attorneys in court proceedings. As an Associate, one learns not just the letter of the law, but its spirit. It was a period of intense learning, where every case and every client interaction added a new dimension to my understanding of the legal profession.
As years rolled by, I gradually climbed the ladder of hierarchy in the firm, transitioning from a Senior Associate to a Joint Partner. This phase was marked by increased responsibilities. I was now leading teams, handling more complex cases, and directly strategizing our approach to advisory and management roles. The transition also brought with it the need to mentor younger associates, something I found deeply fulfilling. It gave me an opportunity to give back, to share the insights I had gleaned over the years, and to shape the next generation of lawyers.
The decision to move towards the role of a Managing Partner was not one I took lightly. It was precipitated by a combination of factors. My vast experience, the trust and respect I had garnered from peers and clients, and an innate desire to shape the direction of the firm all played a part. As a Managing Partner, my role transcended beyond mere legal practice. It now encompassed administrative responsibilities, shaping the firm’s vision and mission, ensuring its financial health, fostering a conducive work environment, and setting high standards of professional conduct and ethics.
The year 2023 was a watershed moment in my career. The decision to establish The Valid Points Law Offices emanated from a deep-seated desire to craft a legal institution that was reflective of my beliefs and principles. Over the years, I had identified gaps in the legal service delivery model, areas that could benefit from innovation, and sectors that were underserved. The Valid Points Law Offices was conceptualized to address these very gaps. Another motivating factor was the rapidly evolving legal landscape. The dawn of the digital age, the globalization of businesses, and the increasing complexity of legal issues demanded a fresh approach, a new kind of law firm that was agile, forward-thinking, and deeply committed to excellence.
Furthermore, my interactions with clients over the years made me realize the importance of a client-centric approach. Clients were not just seeking legal advice; they were in pursuit of holistic solutions, of partnerships that added value to their endeavors. The Valid Points Law Offices was founded with the vision to be not just a law firm, but a trusted partner to our clients, an institution that stood by them through their challenges and triumphs.
In conclusion, the journey from an Associate to the Managing Partner has been both arduous and enlightening. It is a testament to the power of perseverance, continuous learning, and an unwavering commitment to the ideals of the legal profession. Establishing The Valid Points Law Offices in 2023 was a natural progression, a step towards shaping a law firm that was in sync with the needs of the modern world while being deeply rooted in the timeless principles of justice, integrity, and service.
With your extensive background in corporate and commercial law, what inspired you to focus on sectors such as e-commerce, edtech, fintech, and medtech? What unique challenges and opportunities do these sectors present from a legal perspective?
The transition of my focus to sectors like e-commerce, edtech, fintech, and medtech was not merely an arbitrary choice but a conscious decision influenced by a myriad of factors, both personal and professional. The proliferation of the internet and the ubiquitous nature of smartphones and digital devices have fundamentally transformed the way businesses operate and consumers interact. As a legal practitioner with a background in corporate and commercial law, it became imperative for me to remain au courant with these seismic shifts in the market and to understand their implications on the legal domain.
The surge in e-commerce is a direct consequence of the digital revolution. As brick-and-mortar stores gradually gave way to online platforms, new legal challenges emerged. Issues related to consumer protection, data privacy, cross-border transactions, and digital taxation became prominent. What further intrigued me about e-commerce was its inherent interdisciplinary nature. It amalgamated elements of contract law, intellectual property rights, competition law, and more. This confluence presented a rich tapestry of legal challenges and opportunities, making it an irresistible area of focus.
The edtech sector, or educational technology, represents the confluence of education and technology. My interest in this sector was piqued by its potential to democratize education. However, with this potential came a slew of legal challenges. IP issues in content creation, data protection of student information, regulatory compliance for educational institutions operating online, and issues related to accreditation and recognition of online degrees were areas that required legal navigation.
The financial sector’s evolution, spurred by technology, has been nothing short of revolutionary. Digital wallets, cryptocurrency, blockchain technology, and online banking platforms have radically altered the financial landscape. But with these innovations arose a plethora of legal issues. Regulatory compliance, anti-money laundering protocols, digital fraud prevention, and the legal status of cryptocurrencies were areas that demanded in-depth legal scrutiny. The dynamic nature of the fintech sector, coupled with its profound impact on the global economy, made it an area of both challenge and opportunity for a legal professional.
The medtech sector, encompassing innovations in medical technology, stood out due to its direct impact on human lives. With advancements like telemedicine, wearable health devices, and AI-driven diagnostic tools, the medical field witnessed unprecedented growth. But these advancements brought forth legal challenges. Patient data protection, regulatory compliance for medical devices, issues related to medical malpractice in the age of AI, and intellectual property rights in medical innovations became pivotal areas of concern.
From a holistic legal perspective, these sectors presented unique challenges. Given the nascent nature of these sectors, many jurisdictions grappled with regulatory ambiguities. Existing laws often fell short in addressing the unique challenges posed by these sectors, necessitating the formulation of new regulations or the reinterpretation of existing ones. The inherently global nature of digital businesses meant that they often operated across jurisdictions. This brought forth challenges related to jurisdictional disputes, cross-border taxation, and compliance with multiple regulatory frameworks. As businesses transitioned online, the volume of data generated skyrocketed. Protecting this data, ensuring its privacy, and navigating the complex web of data protection regulations became a paramount concern. With innovations driving these sectors, issues related to patents, copyrights, trademarks, and trade secrets gained prominence. Ensuring the protection of intellectual assets while fostering an environment conducive to innovation posed a delicate balance.
On the flip side, these sectors also presented immense opportunities. The dynamic nature of these sectors offered legal professionals an opportunity to craft pioneering solutions, draft innovative contracts, and play a role in shaping emerging legal doctrines. These sectors were not siloed. They offered an opportunity for interdisciplinary engagement, allowing legal professionals to collaborate with technologists, educators, financial experts, and medical professionals. Given the nascent nature of these sectors, there was an opportunity for legal professionals to contribute to policy formulation, ensuring that regulations were both progressive and protective.
In conclusion, my foray into sectors like e-commerce, edtech, fintech, and medtech was a deliberate response to the changing contours of the global business landscape. These sectors, with their unique challenges and opportunities, offered a fertile ground for legal exploration, innovation, and contribution. They provided a platform to not just practice law but to shape it, to contribute to its evolution, and to ensure that it remained a beacon of justice, fairness, and equity in an increasingly digital world.
Over the past two decades, you’ve advised clients on various aspects of Indian business
laws, including entry strategies and due diligence. Could you highlight a particularly
memorable or challenging project that stands out in your career?
My journey over the past two decades, entrenched in the intricate facets of Indian business laws, has been marked by a series of intriguing assignments, each contributing to my professional growth and broadening my perspective. However, if I were to spotlight one project that was especially memorable and challenging, it would be the advisory role I undertook for a major European conglomerate aiming to establish its presence in India’s renewable energy sector.
The early 2010s witnessed an uptick in global interest in renewable energy. India, with its vast geographical diversity and commitment to sustainable growth, emerged as a lucrative destination for investments in solar and wind energy projects. The European conglomerate, having made significant inroads in renewable energy in its home territory, sought to expand its footprint to the Indian subcontinent. Given the potential scale of the investment and the complexity of the Indian regulatory framework, this project was poised to be one of the most challenging undertakings of my career.
India’s renewable energy sector, though promising, was characterized by a rapidly evolving regulatory landscape. Central and state-specific policies, incentive structures, and licensing requirements necessitated a meticulous understanding and navigation strategy. Acquiring land for large-scale renewable energy projects is fraught with complexities in India. Navigating the legal intricacies of land rights, ensuring proper compensation, and addressing local community concerns were paramount. The conglomerate was considering partnerships with local entities. This necessitated exhaustive due diligence to assess the financial health, operational viability, and legal compliance of potential partners. Beyond the black-letter law, there were challenges related to understanding and navigating the Indian business ethos, cultural nuances, and negotiation tactics. India’s taxation laws, especially concerning foreign investments and profit repatriation, required careful strategizing to ensure compliance and fiscal prudence. Protecting the conglomerate’s proprietary technologies in a new jurisdiction involved understanding India’s IP laws and ensuring their robust enforcement.
Given the myriad challenges, a multi-pronged approach was adopted. We constituted a multidisciplinary team comprising experts in energy law, land rights, taxation, and intellectual property. This allowed for holistic strategizing and ensured that all facets of the project were addressed concurrently. Recognizing the importance of local insights, we engaged with local legal experts, community leaders, and industry stakeholders. This provided invaluable on-ground insights and facilitated smoother negotiations. Keeping the client abreast of developments, challenges, and potential solutions was pivotal. Regular briefings ensured that the client was well-informed and could make timely decisions. Given the scale of the investment and the uncertainties in the regulatory landscape, a robust risk mitigation strategy was formulated, covering potential regulatory changes, contract breaches, and unforeseen disputes.
After nearly two years of rigorous legal work, negotiations, and strategizing, the conglomerate successfully established its renewable energy venture in India. The project, today, stands as one of the most significant foreign investments in India’s renewable energy sector.
This project, beyond its professional intricacies, was a lesson in persistence, collaboration, and adaptability. It underscored the importance of understanding not just the letter of the law but its spirit. Engaging with local communities, understanding their concerns, and ensuring that the project was not just legally sound but also socially responsible added a dimension of fulfillment to the endeavor. In summation, this assignment, in its scale, complexity, and impact, stands out as a testament to the multifaceted nature of legal practice. It showcased the interplay between law, business, society, and ethics, and reinforced my belief in the power of legal professionals to shape, facilitate, and guide transformative ventures that have a lasting impact on economies and communities.
Given your experience in advising companies on anti-bribery laws and assisting in the
formulation of internal policies, could you share some insights into the importance of
compliance and ethics in today’s business landscape?
The realm of anti-bribery, compliance, and ethics represents a fundamental pillar in the edifice of modern business practices. In an era marked by globalization, digital transformations, and heightened public scrutiny, the imperatives of adhering to compliance standards and fostering a culture of ethics have never been more pronounced. My experience in advising corporations on these matters has offered a panoramic view of their intricacies, challenges, and undeniable significance.
To comprehend the current emphasis on compliance and ethics, one must glance back at history. The latter half of the 20th century saw a series of corporate scandals, frauds, and instances of bribery that shook the global business community’s very foundations. These events, apart from their immediate economic ramifications, eroded public trust in businesses and underscored the need for robust regulatory frameworks and internal corporate governance mechanisms.
Many jurisdictions worldwide, including the U.S. with its Foreign Corrupt Practices Act (FCPA) and the UK with its Bribery Act, have instituted stringent anti-bribery regulations. Non-compliance with these regulations can lead to severe penalties, both financial and reputational. For businesses operating in multiple jurisdictions, understanding, and adhering to these varied regulations become paramount. In today’s digitally interconnected world, a company’s reputation is one of its most invaluable assets. Instances of bribery or ethical lapses can tarnish this reputation, leading to lost business opportunities, diminished customer trust, and a potential decline in shareholder value. A strong compliance framework is not just about avoiding penalties. It can enhance operational efficiency by streamlining processes, reducing redundancies, and ensuring that all business activities align with regulatory requirements. Comprehensive anti-bribery policies and ethical guidelines serve as a bulwark against unforeseen risks. They provide a roadmap for employees, delineating acceptable behaviors and actions, thus mitigating potential legal and operational hazards.
Assisting companies in crafting their internal policies has revealed certain universal truths. While there are common principles, each company is unique in its operations, culture, and challenges. Internal policies must be tailored to reflect this uniqueness, ensuring they are both effective and implementable. The formulation of policies should not be a top-down approach. Engaging with various stakeholders, including employees, management, and even external partners, can provide valuable insights and foster a sense of collective ownership. Policies, once formulated, are not static documents. Regular training sessions, workshops, and seminars are crucial to ensure that all members of the organization understand, internalize, and adhere to these guidelines. The business landscape, regulatory environment, and societal expectations are in a state of constant flux. As such, internal policies must be periodically reviewed and updated to reflect these changes.
Beyond the black and white of legal compliance lies the gray area of ethics. Ethical considerations, while often intertwined with legal ones, delve into the realm of moral imperatives and corporate social responsibility. Adhering to ethical standards fosters trust among stakeholders, be it customers, shareholders, employees, or the community at large. While unethical practices might offer short-term gains, they are invariably detrimental in the long run. An ethical approach ensures sustainable growth and long-term business viability. Today’s businesses are not mere economic entities. They have a social responsibility, a commitment to the broader community, and the environment. Ethical guidelines often encompass these responsibilities, ensuring businesses contribute positively to society.
In conclusion, the interplay of anti-bribery laws, compliance, and ethics in the contemporary business milieu is profound. It reflects a collective realization that businesses, beyond their profit motives, have a duty to uphold. This duty is towards their stakeholders, the legal frameworks they operate within, and the very fabric of society. My experiences have only reinforced the belief that businesses that embed compliance and ethics into their core DNA are not only better positioned to navigate legal challenges but are also more attuned to their broader purpose and societal role. The importance of this triad – anti-bribery, compliance, and ethics – cannot be overstated, for it is the bedrock upon which sustainable, responsible, and impactful businesses are built.
Your career spans roles in different law firms across multiple cities in India. How have
these diverse experiences shaped your approach to legal practice and leadership as the
Managing Partner of The Valid Points Law Offices?
The trajectory of my career, marked by engagements with diverse law firms across the multifaceted landscape of India, has been both an odyssey of professional growth and a journey of introspection. Each city, with its unique socio-cultural milieu, and each law firm, with its distinct ethos, contributed to the tapestry of experiences that have molded my approach to legal practice and leadership. Let us delve into the intricacies of this journey and understand its profound impact.
Geographical Diversities and Their Influence: India, often referred to as a subcontinent, is a mosaic of cultures, languages, and traditions. Each city has its rhythm, its challenges, and its opportunities. Working in Delhi exposed me to high-stake litigation, intricate corporate transactions, and a clientele that included multinational corporations and high-net-worth individuals. These cities, being the epicenters of commerce and politics, provided insights into the nuances of complex legal matters, ranging from mergers and acquisitions to international arbitrations. My tenure in cities such as Chennai and Bengaluru offered a different flavor. With their burgeoning IT industries and startup ecosystems, the legal challenges here were distinct. Intellectual property rights, tech contracts, venture capital, and startup regulations became focal points. Beyond the professional realm, each city imparted lessons in cultural understanding. Navigating client relationships, understanding local business etiquettes, and even courtroom dynamics varied significantly across regions.
Diverse Law Firm Cultures: Each law firm, much like an individual, possesses a unique character – an amalgamation of its history, its leadership, its successes, and its failures. Engaging with legacy law firms, with their storied histories and established practices, was akin to walking through corridors of tradition. These institutions emphasized rigorous legal research, impeccable drafting, and a mentorship-driven approach to junior lawyers. Boutique firms, often specialized in niche areas, offered a different experience. They fostered a culture of innovation, agility, and deep specialization. Working in such environments honed my skills in specific domains, be it tax law, environmental law, or intellectual property. With the evolution of the legal industry, I also had the opportunity to engage with modern, progressive firms. These firms were characterized by their emphasis on technology, interdisciplinary collaborations, and a global outlook. They championed diversity, inclusivity, and often blurred the traditional hierarchies of legal practice.
Impacts on Legal Practice and Leadership: The cumulative experiences across diverse cities and firms endowed me with a holistic perspective. I learned to appreciate the macro and micro aspects of legal issues, understanding not just the legalities but also the broader socio-economic implications. Exposure to varied clientele, from tech startups to traditional family businesses, reinforced the importance of a client-centric approach. I recognized that legal services, beyond their technicalities, were about solutions, trust, and relationships. The ever-evolving nature of law and the diverse challenges I encountered underscored the importance of continuous learning. It became clear that a successful legal practitioner must be a perpetual student, always curious and always willing to adapt.
As I transitioned into leadership roles, my diverse experiences shaped my leadership philosophy. I championed a mentorship-driven approach, emphasizing collaboration, open dialogue, and a culture of mutual respect. Drawing from the progressive firms I had engaged with, I also became a proponent of technology adoption, diversity, and global collaborations. Working across firms also provided insights into the ethical dimensions of legal practice. Encountering situations of moral ambiguity, witnessing instances of impeccable integrity, and sometimes, unfortunately, lapses in judgment, I realized the indispensable importance of ethical grounding. It became clear that a law firm’s reputation, its most invaluable asset, was built on the bedrock of ethics, integrity, and unwavering commitment to justice.
In summation, my journey across the length and breadth of India’s legal landscape has been profound. As the Managing Partner of The Valid Points Law Offices, these experiences serve as both a compass and a beacon. They guide my decisions, shape my interactions, and influence the very ethos of the firm. Each city, each firm, and each case encountered over the years has been a lesson, a story, and a stepping stone towards crafting a legal practice that is not just about statutes and judgments but about people, principles, and purpose.
You’ve been involved in various dispute resolution processes, including mediation and
arbitration. Can you discuss the advantages of these alternative dispute resolution
methods and when they are most effective for clients?
My engagement with dispute resolution processes over the years has provided me with a vantage point to appreciate the intricate dynamics, advantages, and potential limitations of alternative dispute resolution (ADR) mechanisms, chiefly mediation, and arbitration. The realm of ADR, with its promise of offering avenues beyond traditional litigation, has always intrigued me, both as a practitioner and a proponent of effective legal solutions. I am a trained mediator.
Mediation – The Collaborative Dialogue: Mediation, at its core, is a facilitated negotiation process. It hinges on the principle of collaborative dialogue, with a neutral third-party mediator assisting the disputing parties in reaching a mutually agreeable resolution. What always captivated me about mediation was its inherent flexibility and emphasis on preserving relationships. Given its non-adversarial nature, mediation is particularly effective in disputes where preserving the ongoing relationship between the parties is paramount. This is often witnessed in family disputes, business partnerships, and long-term contractual relationships. Mediation proceedings are confidential, ensuring that the nuances of the dispute, as well as any shared information during the process, remain private. This can be especially crucial for businesses and individuals concerned about reputational risks. Unlike the rigid procedural structures of courts, mediation offers flexibility. The parties can define the process, choose their mediator, and even delineate the boundaries of discussions. Mediation is faster and less expensive than traditional litigation. This becomes a significant advantage in scenarios where parties are keen on a swift resolution without the financial and emotional drain of prolonged court battles. Mediation is particularly effective in situations where the parties have an interest in preserving their relationship or where the dispute involves subjective issues, such as feelings, perceptions, or miscommunications or where is a desire for a swift and confidential resolution.
Arbitration – The Private Adjudication: Arbitration is a process where disputing parties agree to be bound by the decision of an arbitrator (or a panel of arbitrators). It is akin to a private court proceeding, where the arbitrator plays a role analogous to that of a judge. My engagement with arbitration often involved high-stakes commercial disputes, where parties sought a specialized adjudication process.Parties can choose arbitrators with specific expertise relevant to their dispute. This is particularly advantageous in complex technical or commercial disputes where specialized knowledge can aid in a more informed decision-making process. Parties have significant control over the arbitration process. They can decide on the rules, the venue, the language, and even the applicable law. Thanks to international conventions like the New York Convention, arbitral awards are enforceable in over 160 countries. This makes arbitration particularly appealing for cross-border disputes. Like mediation, arbitration proceedings are confidential, protecting the interests of parties concerned about public disclosure. Arbitration is especially effective when the dispute involves technical or specialized knowledge, parties intend to seek a final and binding resolution, the dispute spans multiple jurisdictions and there is a need for an enforceable decision across borders and there is a preference for a structured yet private adjudication process.
Throughout my professional journey, I have always been an advocate of choosing the right tool for the right task. While litigation has its place in the dispute resolution spectrum, the advantages of ADR mechanisms like mediation and arbitration are undeniable. They offer parties an opportunity to craft their narrative, define their process, and seek resolutions that are not just legally sound but also emotionally and commercially satisfying. However, a note of caution I often share with clients is that ADR’s success is contingent on the willingness of parties to engage in good faith, the competence of mediators or arbitrators, and the nature of the dispute itself. There are scenarios where traditional litigation might be more apt, especially when there is a need for judicial precedent or when the power dynamics between parties are significantly skewed.
In conclusion, my experiences with mediation and arbitration have reaffirmed my belief in the power of dialogue, the importance of specialized adjudication, and the potential of alternative avenues in delivering justice. In an ever-evolving legal landscape, ADR stands as a testament to the commitment of the legal fraternity to innovation, efficiency, and the timeless pursuit of equitable resolutions.
With your expertise in data protection and privacy laws, could you elaborate on the key
considerations for businesses operating in the digital age to ensure they are compliant
and protect sensitive information?
In an era emblematically dubbed the “Information Age”, data has emerged as the new currency, driving economies, shaping businesses, and influencing socio-political landscapes. My foray into the domain of data protection and privacy laws was not just a mere professional inclination but a response to the clarion call of the times. The confluence of technological advancements, the proliferation of digital platforms, and the inherent value of data have made data protection and privacy paramount. Let us embark on an elucidation of the vital considerations for businesses in this digital epoch.
The first order of business is to understand and navigate the labyrinthine world of data protection regulations. Numerous jurisdictions have instituted robust data protection frameworks like GDPR (General Data Protection Regulation) in the European Union that has set a benchmark for data protection, influencing similar legislation worldwide and now India’s Digital Data Protection Act, 2023 that reflects data protection and privacy practices tailored to the Indian context.Businesses must ensure they are conversant with the regulations pertinent to their operational regions. This often necessitates a multi-jurisdictional compliance strategy, especially for businesses with a global footprint.
One of the foundational tenets of data protection is the principle of data minimization and purpose limitation. Businesses should collect only the data that is necessary and use it solely for the purpose for which it was collected. This principle serves a dual purpose – it minimizes potential risks associated with data breaches and ensures regulatory compliance. Transparency is the bedrock of trust. Companies must be forthright about their data processing activities. Clear, concise, and comprehensible privacy notices, detailing the nature of data collected, the purposes of processing, and the rights of data subjects, are indispensable. The digital realm, while replete with opportunities, is also fraught with threats. Cyberattacks, data breaches, and unauthorized access are ever-present dangers. Implementing robust cybersecurity measures, ranging from encryption to intrusion detection systems, is non-negotiable. Regular audits, vulnerability assessments, and penetration testing further fortify these defenses.
Modern data protection regulations champion the rights of data subjects. These include the right to access, rectify, erase, and port one’s data. Businesses must institute mechanisms to honor these rights, ensuring timely and effective responses to such requests. In our globalized world, data often traverses borders. Such international data transfers are subject to stringent regulations, especially when moving data from regions with robust data protection laws. Mechanisms like Standard Contractual Clauses, Binding Corporate Rules, or adequacy decisions become pivotal in ensuring compliant data transfers.
In today’s interconnected business ecosystems, data often resides with or is processed by third-party vendors. Due diligence during vendor selection, coupled with stringent data protection clauses in contracts, ensures that the data’s sanctity is maintained throughout the supply chain. Often data breaches are a result of human errors or oversights. Regular training sessions, workshops, and awareness campaigns for employees ensure that they remain the first line of defense against potential data mishaps. Despite the best precautions, breaches can occur. Modern regulations often mandate timely breach notifications to both regulatory authorities and affected data subjects. Having a well-defined breach response and notification protocol is critical. The realms of technology and data protection are in a state of flux. What is deemed compliant today might be obsolete tomorrow. Regular reviews, updates to data protection policies, and staying abreast of regulatory changes ensure that businesses remain compliant.
Throughout my engagements with data protection and privacy, a recurring epiphany has been the realization that data is not just a mere digital entity. It reflects individuals, their identities, their preferences, and their lives. Protecting this data is not just a legal obligation but a moral one. Every byte of data entrusted to a business is a testament to the trust individuals place in that institution. Upholding this trust, ensuring the sanctity of this data, and navigating the intricate web of regulations is not just a professional challenge but a profound responsibility. In summation, as we navigate the digital age, the imperatives of data protection and privacy become not just legal checkboxes but pillars of ethical business conduct. They represent a commitment to individuals, a reverence for their digital footprints, and a pledge to uphold the principles of transparency, integrity, and respect in all data-driven endeavors.
Lastly, as someone with a wealth of experience in the legal field, what advice would you
offer to recent law graduates who are embarking on their own career journeys in law and
looking to make an impact in their respective fields?
Navigating the multifaceted realm of the legal profession, with its myriad challenges and unparalleled rewards, has been akin to a Socratic journey for me, one filled with introspection, discovery, and continuous evolution. As I reflect upon this odyssey and gaze upon the eager faces of recent law graduates embarking on their own quests, a compendium of insights, lessons, and advice crystallizes, seeking to serve as a beacon for these fledgling legal eagles.
Embrace the Journey with Passion:Law, unlike many professions, is not just a vocation; it is a calling. It demands not just intellectual acumen but also a fervent passion. My initial years in the profession taught me that passion serves as the bedrock upon which perseverance, dedication, and excellence are built. So, to every nascent lawyer, I say, find your passion within the vast expanse of the legal field, and let it be the North Star guiding your journey.
Lifelong Learning is the Key:The edifice of law is in perpetual evolution, shaped by socio-economic changes, technological advancements, and the inexorable march of time. The academic rigors of law school, while foundational, are just the beginning. Embrace a mindset of lifelong learning. Attend seminars, engage with legal journals, and never let the flame of curiosity be extinguished.
Cultivate a Holistic Perspective:Law does not operate in a vacuum. It intersects with politics, economics, sociology, technology, and numerous other disciplines. Cultivating a holistic, interdisciplinary perspective enriches legal understanding and fosters innovative solutions. My engagements with complex cases were often illuminated by insights gleaned not just from legal times but from literature, philosophy, and even the arts.
Develop Robust Communication Skills:The power of eloquence, clarity, and persuasion cannot be overstated in our profession. Whether drafting a contract, presenting an argument in court, or negotiating a settlement, effective communication is paramount. Invest time in honing these skills – participate in moot courts, engage in debates, and never underestimate the power of the written word.
Build Relationships and Networks:The legal profession is as much about relationships as it is about laws. Building a robust network, nurturing mentor-mentee relationships, and cultivating camaraderie with peers can open doors, offer fresh perspectives, and provide invaluable support during challenging times.
Uphold Ethics and Integrity:In the grand tapestry of legal practice, the threads of ethics and integrity shine the brightest. They are the very soul of our profession. In every decision, every case, and every interaction, let these principles guide you. The trust of clients, the respect of peers, and the sanctity of our profession hinge on unwavering ethical conduct.
Embrace Technology:In our digital age, technology is revolutionizing legal practice. From AI-driven legal research tools to digital dispute resolution platforms, the confluence of law and technology is undeniable. Embrace these advancements, be tech-savvy, and harness the potential of digital tools to enhance your practice.
Resilience in the Face of Adversity:The path of legal practice is strewn with challenges – difficult cases, professional setbacks, daunting opponents, and moral dilemmas. In these moments of adversity, resilience becomes your greatest ally. Draw strength from past successes, learn from failures, and always remember why you chose this noble profession.
Continuous Self-assessment:Take yourself seriously and train yourself well. Periodically pause and introspect. Assess your growth, realign your goals, and recalibrate your strategies. This self-assessment ensures that you remain on your desired path and allows for course corrections when needed.
Give Back to Society:Law is not just a tool for justice; it is a force for societal betterment. Engage in pro bono work, contribute to legal education, and advocate for the marginalized. In giving back, you enrich not just society but also your own professional and personal journey.
As I offer this mosaic of advice, drawn from the annals of my experiences, I am reminded of my own nascent days in the legal realm, filled with trepidation and excitement. To every young lawyer embarking on this journey, I say cherish every moment, embrace every challenge, and always strive for the confluence of excellence, ethics, and empathy. The legal profession, in its essence, is a commitment to justice, a pledge to society, and a journey of self-discovery. May your legal odyssey be as fulfilling, enlightening, and impactful as you envision, and may you leave an indelible mark on the annals of legal history.
Can you share with us your journey from your undergraduate studies in law at Christ University to pursuing an LL.M. at Tilburg University in the Netherlands and O.P. Jindal University, Sonepat? What inspired you to take this path?
Growing up in a household where both my parents are Ph.D. holders, my fondness for academics was always subconsciously ingrained. Having chosen law professionally, I was exposed to various philosophies and jurisprudences, which shaped my interest towards academia. Having said that, it was also important for me to not jump into LL.M. right after my undergrad and approach it like just another degree or as an exercise of CV building. It was really important for me to enjoy this process. So I decided to work for a minimum of three years and see for myself where my interest organically built. Even in my undergrad, I had the opportunity of being the Convener of Model United Nations Society and had consciously chosen to only do international moots like Oxford Price Moot- South Asia rounds and Jessup India Qualifiers, upon realising that I might not be able to learn much international law once I graduate and start litigating. Once I started practising, just like any other fresher, I had engrossed myself in learning law and court craft. With the unfortunate onset of COVID-19 pandemic in India, where courts and offices were operating in virtual mode, I was able to give space to my academic interests. It was then that I enrolled and completed various certificate courses on contract law, anti-discrimination and citizenship laws from Harvard Law School, Stanford Law School and the University of London respectively. In the meantime, I had also applied to O.P. Jindal University to pursue an LL.M. and was fortunate enough to get ERASMUS+ Scholarship and was sent as an exchange student for a semester to Tilburg University, Netherlands. The semester exchange at Tilburg University is certainly one of my fondest experiences, both personally and academically.
Your academic achievements, including the Gold Medals and Rank 1 recognition, are impressive. Could you tell us about some of the key experiences or strategies that contributed to your success during your LL.M. studies?
Personally, I think that one cannot and should not plan to top the course or win Gold Medals, at least while doing LL.M. At the cost of sounding preachy, it should be a natural outcome of one’s inclination, understanding and efforts put into that course. Having said that, what I personally think helped me to achieve Nani Palkhivala Memorial Trust Gold Medal, Savitri Jindal Merit Scholarship, Gold Medal for Academic Excellence and Rank 1 in Outstanding All-Round Performance in LL.M. was certainly the maturity that I garnered with my 4 years of practice, as against jumping into LL.M. right after undergrad. I was able to see the visible difference in my approach to law subjects in my undergrad and those in my Masters. Since I had chosen my area of interest to be human security and dispute resolution, it fell right in the midst of my prior work experience and academic interests. I was able to connect the dots much better than I could in my undergrad, which gave me an edge over the majority of the students who enrolled in Masters right after their UG.
You’ve worked on a wide range of cases in the Supreme Court of India, including some landmark ones. Can you share a memorable case or experience that had a significant impact on your legal career?
For this, I certainly have to thank Hon’ble Justice Ms. Neela Gokhale, with whom I was working, prior to her elevation as a Justice of the Hon’ble High Court of Bombay. Justice Gokhale had a wide range of matters from the lowest court to the highest court with an experience of over 30 years. Under her guidance, I worked on a variety of matters ranging from civil, criminal, and arbitration to matters of constitutional importance. One such case was Sakshi Bhattacharya v. Union of India where we had challenged various provisions of the Hindu Minority and Guardianship Act, 1956 since the Act did not deem the mother as a ‘natural guardian’ as against the father, amongst various anomalies. The research for this matter was astounding since a huge amount of literature had to be read and understood to get a perspective of the legislative intent, though archaic and colonial. This matter did have a significant impact on my understanding and approach to law as a young litigating lawyer. This did teach me that I did not have to be bound by the constraints of law if it is principally in breach of one’s fundamental rights. This also taught my younger self that I could and should question everything, including the laws in force to secure ends of justice. This certainly enhanced and nuanced my approach to every dispute, more so the ones before the Hon’ble Supreme Court since the aspect of substantial questions of law was involved in every appellate filing.
Your experience also includes internships and chamber experience with notable legal figures. How did these experiences shape your perspective on the legal profession, and what valuable lessons did you learn from them?
As a first-generation aspiring lawyer, I did intern in different offices with a variety of work. I interned with Mr. Amit Anand Tiwari, Advocate-on-Record, followed by World Wildlife Fund and Nishith Desai and Associates, Delhi to get a first-hand idea of how chamber practice differs from a corporate practice. It was only thereafter did I started interning with Justice Gokhale in my third year and continued to work with her until I started my own Firm and independent practice. Working with Justice Gokhale has been the biggest influence on my perspective on litigation and the justice delivery system. As an intern, I used to take dictation and would often be given a blank document to draft an affidavit/petition, without the benefit of a format to merely fill in. The biggest takeaway from the said exercise was that the template formats should be used for convenience and not in substitution for actual learning. It should not be the case that if a template format is not available, one is not able to draft. This is a practice I till date put my junior colleagues through. Despite having done a certain type of matter a few times, we were still made to re-read the same provision every time I did a new matter. As redundant as it might sound, but it always does wonders as one would interpret a certain word/ingredient of a section differently in light of the peculiar facts of the case. It was the aforementioned that made it easier for me to crack the Advocate-on-Record examinations on my first attempt.
As a founder partner of Vox Populi Legal, what motivated you to start your own law firm? Could you tell us about the focus areas and goals of your firm?
The idea of starting Vox Populi Legal [meaning Voice of the People] was long pending. It really grew in shape while I was doing my Masters in the Netherlands. As a first-generation young litigator, it is always hard to have a clientele flowing in clinically and to be substantial enough to learn and grow. To overcome this, I along with my friends from my UG started Vox Populi Legal, so that we could pool our resources to run our office and at the same time work together on a variety of matters to grow. Once we started working with each other, the influx of matters automatically increased and we were able to manage offices in three different cities- now grown to five. Vox Populi Legal is primarily a litigation firm which specialises in civil and criminal dispute resolution, arbitration, insolvency proceedings, intellectual property rights etc. from the lowest to the highest courts. Apart from the objective of rendering services to people throughout the country, we are also attempting to change how a law firm ought to work. We attempt to prioritise better work-life balance and mental health, while not compromising with the quality of service. We also strive to fairly compensate our junior associates and also our interns so that they remain motivated to perform optimally.
In addition to your litigation work, you have experience in arbitration. Can you explain the differences and challenges between litigating in court and handling arbitration cases?
Personally, I see arbitration and litigation in courts as two strong pillars of dispute resolution in India, though with its own limitations. While arbitration is predominantly founded on the principle of consent, litigation in courts may not necessarily revolve around consent- arbitration clause, appointment of arbitrator, seat of arbitration etc. That being said, arbitration is more flexible in terms of schedule and also spends more time on each claim made by the Claimants than what courts generally do. So essentially, arbitration demands a lot more attention from determining the timeline of proceedings, and schedule of fees to the smallest of the arithmetic detail to justify one’s claim. Though the general principle is to ensure least interference by courts in arbitration, one would often find themselves being in court against every order passed by the Arbitrator. The said ping-pong between the arbitrator and the courts would often lead to delay, which is antithetical to the idea of arbitration as an alternate dispute resolution itself. Thus as a practitioner, it is of utmost importance to constantly evaluate the needs of one’s client and choose forums and strategies accordingly.
You’ve published several research papers on various legal topics. Could you highlight one of your research findings or publications that you’re particularly proud of and explain its significance in the legal field?
Though I have had the privilege of having my work considered worthy of publication in esteemed journals, but the one I thoroughly enjoyed working on was ‘Report on Legal Assistance at the stage of Pre-Arrest’ for National Legal Services Authority [NALSA]. Having worked in cases involving criminal law from the stage of pre-arrest, the need for effective legal assistance became more glaring and obvious. For effective functioning of a vibrant democracy, equal access to justice is a sine qua non, not just after proceedings have been initiated, but also at the stage of pre-arrest. So essentially, legal aid serves as the contact point between law and people who are living in poverty and is a catalyst for social change. By way of the said report, various structural, qualitative, policy-based reforms were suggested to ensure prompt access to legal advice and assistance to guarantee a fair trial and the rule of law, keeping up with the latest technological advancements.
Finally, what advice would you give to fresh law graduates who are just starting their legal careers? What key principles or strategies should they keep in mind as they embark on their professional journey?
As a fresh law graduate in litigation, it is reasonable for one to feel ‘not sure’ about the field of law or type of practice one intends to partake in. But what is important is that one should not close themselves to learning new things constantly. In my opinion, a common mistake fresh law graduates often make is that they pre-define their area of specialisation, even before they try new fields. Though people might differ on this, I strongly feel that one’s specialisation should be determined organically wherein one ends up doing/enjoying a certain kind of matter a lot more than other. As a fresh law graduate, the best thing that one can do for themselves is that one has to be the ‘Master of their Brief’, without any exception. It is a non-negotiable that one ought to know every fact, every page, every document, and every law involved in the said matter, better than anyone else on the given day in the said courtroom. This will not only help a fresh graduate to be more confident but will also help one grow consistently. There is no shortcut to hard work in litigation. When the same is coupled with consistency and integrity, one would find results visibly quicker than the rest of the legal professionals. Having said that, one also needs to strive to maintain a healthy work-life balance and mental health to enjoy the journey of life-long learning.
You’ve had a remarkable career journey, receiving accolades and recognition for your work in the legal field. Can you share with our audience how you initially became interested in pursuing a career in law and what motivated you to excel in this field?
As a young child I was bullied quite a lot and at the age of 9 my then primary school teacher asked me to participate in a debate competition. During my participation in the competition my passion for arguing a case sparked within me. Thereafter I found that despite what topic I had been given to argue for I was able to succinctly argue same even if the topic given to me seemed to have all the odds stacked against it. My passion and desire to convey the message I argued translated into confidence that I had built up. It is safe to say that I was no longer bullied, I found my voice and I was able to stand up for myself. From the tender age of 9 I knew that I wanted to be a lawyer, I wanted to be a voice to those that felt they did not have one. As the years progressed, I joined my high school debate team and later I joined a toast master’s program in which I progressed to the final round. I competed with esteemed learners from other schools within the Kwa-Zulu Natal province, in South Africa. I scooped the best speaker award on numerous occasions, and I was a finalist at the United Nations Model Debate in Durban. I have never considered myself to be naturally gifted or talented and I owe my success to the hard work and sacrifices that I have made in my life. Personally, if I want to achieve a goal, I work toward it by setting my sights on it and taking the necessary steps to obtaining my desired goal. Having witnessed my hard work being rewarded further motivated me to keep setting goals and working toward achieving them.
Your experience spans various aspects of law, from compliance and litigation to intellectual property. Could you highlight a pivotal moment or project in your career that significantly shaped your professional development?
This would have to be successfully closing my first Mergers and Acquisitions transaction, in 2013, with a team of highly talented lawyers. I worked tirelessly for months on end (including weekends and public holidays) with little to no sleep at times to read, understand and draft various transaction documents. As an M&A lawyer there is nothing as gratifying as popping that bottle of expensive champagne once a deal closes. Very early in my career I was afforded the opportunity to manage an M&A transaction. This exposed me to different facets of the law and taught me invaluable lessons which in turn resulted in me being offered an associate position at one of the top legal firms in South Africa. I learnt from some of the best legal minds and, this undoubtedly shaped my career.
As Head of Legal and Director of TMF Corporate Services, you’ve been involved in mergers and acquisitions, contract negotiations, and managing legal risks. What advice would you give to young lawyers looking to navigate the complex world of business law successfully?
Sacrifice. Go the extra mile. Ask tons of questions and read, plenty! Especially as a candidate attorney. I was usually the first person to arrive at the office around 5h00am to get a kick start to my day and the last to leave. I made it know to the senior partners that I was willing and eager to learn. I took the initiative of pre-reading and preparing for meetings with clients in advance. I made notes and asked many questions and that is where I learnt the most. I also made lots of mistakes however I learnt from them and this equipped me to blossom into a well-versed lawyer. Despite being a mergers and acquisitions lawyer, I ensured that I learnt more about other aspects of the law. I believe that to best serve a client and the business industry you operate in you must be well-versed in all the aspects of law that impact on that client and business industry.
Given your extensive experience in legal compliance, what strategies or practices do you employ to ensure businesses align with statutory and regulatory principles while still achieving their goals?
I attend courses, webinars and have subscribed to legal resources which I read to ensure that I keep abreast with the ever-challenging laws that affect businesses. I also make it my duty to find out if colleagues have attended courses that could be useful to me in carrying out and best supporting an organization and clients and of course the “old fashion way”, legal research.
Intellectual property is a critical area in today’s business landscape. Can you provide insights into how you’ve effectively managed and protected intellectual property portfolios during your career?
As an in-house legal advisor, you need to ensure that you thoroughly understand the industry in which you operate. When I join an organization, I make it my duty to ask questions and enquire about the where, when, what, how and why. This early foundation affords me great insight into what the company does/sells and where (jurisdiction). Once I have established this I speak to the various divisions at the company and create an excel spreadsheet that allows me to track all existing intellectual property rights, including the logos’ renewal dates, whether they are still required etc. Whilst this seems like a simple and mundane task – it works for me and has enabled me to best manage IP portfolios in various organizations.
You’ve also been involved in legal research and writing. Could you share a memorable research project or legal writing experience that challenged your skills and knowledge?
A memorable research project involved me scrutinizing several legal textbooks and online legal platforms to find a legal precedent for a client. Almost 13 years later, I clearly remember the task was to establish whether quiescence amounts to acquiescence. In the case of Collen v Rietfontein (1948) “it was expressed that quiescence is not necessarily acquiescence and one party cannot, without the assent of the other, impose upon such other a condition to that effect.” After hours of research, I was convinced that there was no answer to assist our client however I continued to peruse case law and legal tools such as Lexis Nexis and I honestly felt like I hit the jackpot when I found a legal precedent that our client could rely on. This research project proved to be memorable for me because four other juniors and I were tasked with finding a precedent and I was the one who found it. I certainly scored brownie points with the senior partner I was working with at the time and the sense of self accomplishment was rewarding.
Balancing a variety of tasks within a challenging environment governed by deadlines and stringent regulations is undoubtedly demanding. How do you maintain your efficiency and professionalism under such pressure?
I have a systematic way of working but if you speak to any lawyer, they will tell you that whatever you plan to get done on any given day usually does not go as planned. The life of a lawyer is unpredictable. I work of lists with the aim of completing certain tasks within my workday, often something urgent crops up and I must amend my list. Personally, and I believe that all lawyers should follow suit, I manage expectations. When I receive a task, I enquire about the urgently of the matter for me to plan my workload efficiently and effectively but like I previously started most days do not go as planned. I have found that it is of utmost importance to be transparent with your client and business stakeholders. Communication is key! Once you build and maintain strong relations with your clients and business stakeholders by ensuring that when you commit to getting something done you do so and deliver on or before the proposed turnaround date, it becomes easier to ask for some grace if something more urgent pops up.
Finally, for our audience who may be fresh law graduates aspiring to achieve success in the legal field, what valuable advice or words of wisdom would you offer to help them kickstart their legal careers on the right path?
Never give up. The legal fraternity is cut-throat and people can be ruthless. I speak from firsthand experience when I say this however if you want to succeed in the legal profession you need to drown out the noise, put your best foot forward at all times and do not get deterred especially when it seems as if you are drowning and believe me it is so easy to fall down the rabbit hole and easier to throw in the towel but if you want to be a lawyer and a successful one at that then I advise you to persevere. Never lose sight of the fact that we serve as advisors, professional experts and knowledge leaders to our clients and the organizations we work in and as, we must endeavor to deliver our responsibilities with the highest level of ethics and integrity.
Madam, could you please introduce yourself and provide some background information about your career in law?
I am an arbitrator and barrister at Twenty Essex Chambers in London, specialising in commercial and investment arbitration. I am also a Fellow, Trustee, and Council Member at Hughes Hall College at the University of Cambridge. I started by studying law as an undergraduate at Cambridge in 1995, so my legal journey spans 28 years. I am qualified to practise law in three jurisdictions.
How important are mentors in the junior lawyer’s journey?
As junior lawyers, we learn from people and not just books. I have tried to learn from other lawyers, both senior and junior to me, in terms of what they got right and what they didn’t. When you are a junior lawyer, you have a different perspective and role in a large case. It is important to remember that vantage point when dealing with junior lawyers. This cannot be too difficult because we all start as junior lawyers. I was fortunate to learn from some of the best in my field. I have benefitted from the kindness and patience of many colleagues over the years, but two in particular come to mind. Arthur Marriott KC and Cherie Blair KC not only taught me by their example, but they also gave me the great gift of believing in my abilities as a lawyer even before I did so myself.
Did you face any challenges or obstacles while pursuing your legal education or during your early career in law? How did you overcome them?
I needed to find my place in the legal profession. This is an ongoing journey as I move from counsel to more of an arbitrator role. I did not come from a family of lawyers. The profession was all the more novel because the women in my family were not career professionals. So, I did not know what being a (female) lawyer was about. I did not know where I would fit in, especially when I started in 2000; arbitration in London did not appear diverse. I also elected to practise at the English Bar, which has a legacy from 1420, so half a millennium, but women and those from racially diverse backgrounds are comparatively recent entrants.
I think it’s important to understand the context in which a situation arises. As I was not born into the English legal profession I approached it with a convert’s zeal. So, I attempted to learn as much as possible about the Bar, its history, and its workings. I would say the same applies to my practice area – commercial and investment arbitration. Disputes do not arise in a vacuum; in addition to knowing the legal dimension, it is also important to understand their context. I also try to understand the project, its technical, cultural, geographical, and, of course, its commercial dynamics.
Could you share some of the most memorable cases, experiences, and milestones you’ve worked on during your career and how they have shaped your perspective on the legal profession?
I was fortunate to come by early successes in cases as counsel. In the public domain, Sky Petroleum v Albania is one such case in which a $1 billion claim was dismissed in its entirety with costs in my client’s favour. It was one of the first cases I did on my own. It was literally two of us – my instructing solicitor and me in the hearing room opposite this large team of City lawyers. It gave me great courage and belief. I am not phased now by working in small teams because I believe that sometimes a lean team can achieve great things. It also gave me great faith in the arbitration system. An intelligent and hardworking tribunal will be able to see the dispute for what it is and come to a fair decision.
As I started working more on treaty disputes, I was keen to learn more about treaties, so I spent a few years drafting and negotiating investment treaties, which took me to many interesting places in the world and gave me a rare insight into how treaties are made. For example, I assisted with the negotiations of the COMESA Investment Agreement in the 2000s.
Regarding milestones, my first appointment to an ICSID Annulment Committee was a great privilege and honour for me since I started my professional journey with ICSID arbitration 23 years ago.
As you progressed in your legal career, did your initial reasons for entering the field evolve or change? If so, how?
When I first started out in the law, I wanted to win cases for my clients. That still remains true when I wear my counsel’s hat. As an arbitrator, the role is different. When I serve as an arbitrator, I try to understand the dispute from all its perspectives and focus on making the right decision. It is, therefore, incredibly important that arbitrators can understand the dispute, its commercial, technical, and cultural dynamics, as well as the law.
How do you manage your work and well-being?
As lawyers, we trade our time – which is a non-renewable resource, for money, which is a renewable one. In theory, you can make more money after losing it, but you can never get back more time. I have learned to appreciate the value of time as I get older, so I am trying to be careful about how I spend it. I am also becoming increasingly conscious of taking better care of my mind and body. I am a work in progress when it comes to seeking the balance between work and well-being. There are numerous routines and productivity tools out there. The basics remain the same – good sleep, decent nutrition, meditation, spending time with loved ones, keeping positive, and exercising. If there is one hack I could share, it is to “go for a walk”. If you run or jog, so much the better, but going for a walk helps clear the mind. Charles Darwin used a “thinking path” of about half a mile around his house to reflect on ideas. Finding space to move does wonders for the mind and body.
I also train in boxing. It keeps my physical (and mental) reflexes sharp. It’s important to be quick on your feet as a barrister, and the physical sparring reminds me of that.
How do you see AI’s impact on the legal profession?
I believe the impact of AI will be massive in our profession as the technology grows more sophisticated. It is important for us to understand its implications and harness it, especially for junior lawyers who will need to adapt their skills to compete. I remember when mobile phones first came about over thirty years ago and where they are now. This time, technology change will be more rapid and disruptive. AI is a powerful dragon, it’s important to learn to control it.
How important is networking and building professional relationships in the legal industry? Do you have any tips on how to network as a young lawyer effectively?
This has two steps. You need to first know yourself before knowing others. It is important to find your identity, understand your unique selling points as a lawyer, be conscious of your strengths and weaknesses, and then find networks to leverage them. At least, that is what logic would dictate. I do not practise what I preach. I have never found a linear correlation between my professional networking and my work. I meet colleagues because I enjoy meeting people to learn about new ideas and their experiences. Recently, I have started interacting on LinkedIn, which offers a similar connection opportunity for me. I do much of my learning from people, so I see meeting people as an educational experience rather than networking. So, perhaps, I am not best placed to advise on this issue.
Finally, if you could offer one piece of advice or wisdom to fresh law graduates as they start their legal journey, what would it be?
It might sound trite, but it would be the phrase “This too shall pass.” It is often used to help people take heart in troubled times, but there is more to it. Its origins lie in a fable, which many attribute to 13th-century Persian poet Attar of Nishapur, in which a king asked wise men in his realm to find a sentence that would remain true in good and bad times. The king was presented with a ring with the Persian text, “This too shall pass,” on it. The bad thing about good times is that they shall pass, and the good thing about difficult times is that they shall pass too. The same story is also found in Jewish folklore. The essence of the message is universal – human existence is ephemeral, and time is fleeting. As I get older, I realize that good and bad times come and go, but life is extremely precious, and it is important to keep that perspective in mind.
Ma’am, please share with us how you first became interested in the field of law, and what inspired you to pursue it as a career?
I am a first-generation lawyer. So technically, there was no godfather figure to guide me or who I could look up to. Infact, I didn’t even have anyone in the legal fraternity in my immediate circle of friends and family. Law happened to me by fluke. I was pursuing Political Science (H) from Gargi (the course had a fair bit around constitution, international relations and jurisprudence) and during the final year, while all my colleagues were certain of their career path, I was so lost. I remember this friend of mine so kicked about pursuing law and sitting for entrances. Her enthusiasm, her passion, I think, in hindsight, inspired me to give it a shot. I just came home one fine day and told my parents I want to pursue LLB. I sat for the entrance exams at Jamia and Delhi University and as luck would have it – cleared both. Picked campus law centre at Delhi University and rest is history.
You have over 18 years of experience in M&A, private equity investments, and general corporate commercial law. What drew you to specialize in these areas within the legal field?
I probably chose corporate law over litigation because it offered economic/ financial stability very early in my career. Also, I was never inclined towards constitutional law, criminal law, evidence et al. Having said that, during my internships I did embark on a journey that involved exposure to various facets of law including litigation. But it was the corporate internships that always left a mark. The fast-paced transactions, intense negotiations, intricacies of corporate law gave me an adrenaline rush. The opportunity to work closely with some great minds, aspiring to be like them – their commitment to clients, challenges faced on each transaction, in-depth strategic considerations appealed to me greatly. By the final year of LLB I had pretty much zeroed in on corporate law and was lucky enough to break through with Trilegal.
You’ve represented both domestic and multinational companies in cross-border transactions. Could you tell us about a particularly challenging or memorable transaction that stands out in your career?
Each and every transaction that I have worked on till date has taught me something new which has played a role in my growth curve and developing my personality.
But I guess the very first transaction I did at the start of my professional career left an imprint – this was a joint venture between a USA conglomerate and a major Indian textile manufacturer with the objective to undertake, wholesale trading, designing, marketing, distributing, importing and exporting of branded apparel and related accessories in India. We were representing the overseas entity and it was their very first investment/ venture in India. Law around foreign investment and in particular the trading sector was still evolving. There were a lot of regulatory issues around structuring, approval requirements, company law issues. It was all so overwhelming. And to top it being new in the profession the zeal to take it heads on and impress your boss! Fortunately, or unfortunately, I had a tough boss- but with his guidance, I was able to grasp onto stuff fast and then one fine day he walked up to my workstation and said that I will have to go for negotiations on the matter to Bangalore alone. I did not know what hit me at that time- I completely blanked out. Just the thought of sharing space with the GC, counterparty and its advisors was scary. But somewhere I was thrilled too– I had earned his confidence in a short span. The negotiations stretched for almost a week, besides legal issues the exposure to commercial/ business issues was great. Honestly, not everyone gets this kind of exposure at such an early stage. We signed and closed in record time. This was the most remarkable experience ever! And reaffirmed my passion for corporate law.
Before joining DMD Advocates, you worked with prestigious firms like Trilegal, AZB, and JSA. How did these experiences shape your legal career and the way you approach your work today?
Each of the firms I have been with has helped me grow as a professional. Trilegal was the first. When you are just out of law school what really helps is finding the right mentor and platform to realise your potential. Trilegal offered both. Working with one of the founders from the start, getting that first-hand experience and exposure is rare. My stint at Trilegal laid the foundation of my knowledge of law. All the seniors I worked with at Trilegal were extremely helpful but there was no nepotism. We all learnt it the hard way and I think that’s the best way! AZB was no different – challenging work, high stake transactions, excellent exposure, no spoon feeding and an amazing boss. I think these initial 5-6 years shaped most of me. JSA – my longest stint, offered the platform required to excel and develop the required skill set.
One of your notable deals was advising Prestige Estates Projects Limited on the sale of a $1.5 billion real estate portfolio to Blackstone. Can you share some insights into the complexities of that transaction and how you navigated them?
Due to confidentiality reasons I can’t divulge much, all I can say it was one of the largest real estate portfolio transactions ever done in the country, both in terms of number of assets and deal value. It was quite a complex deal in terms of structuring, kinds of instruments that were issued, and ensuring foreign direct investment and corporate law compliances. CCI approvals were obtained, hold backs structured around NCLT approvals etc. The transaction lasted over a year and the deal size was approx. USD 1.5 billion
In your career, you’ve advised a diverse range of companies, from online exam preparation platforms to hospitality chains. How do you approach legal challenges in different industry sectors, and what skills do you find most valuable for adapting to various clients’ needs?
Advising clients can be very challenging as there is a lot at stake when you are working on transactions. Like I mentioned earlier, each mandate I worked on taught me something new and different. Even if you do repeat transactions, they come with their own set of nuances. Managing expectations, value add, in depth knowledge of the subject, bringing on the table that expertise and maturity are some of the key skills required.
Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult. One thing I have learnt over the years is to keep your calm during negotiations- don’t let things get out of control. I know it’s easier said than done- but it is important to get this sorted in initial stages of growth, else it can become a roadblock.
Know when to stop speaking, be patient and focus on your growth.
Like the famous saying goes “It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.”
As a final question, what advice would you like to give to fresh graduates or young professionals entering the legal field today? What qualities or strategies should they focus on to succeed and make a positive impact?
There is enough of this advice out there. I would just say stay focused on GROWTH:
G- Gain practical experience;
R- Resilience is the key;
O- Objective approach at all times;
W- Wisdom plays an important role;
T- Teamwork and time management will take you a long way;
Can you tell us about your educational background and how you ended up pursuing law after completing your CA and BCom degrees?
I have always been interested in law and used to look up to my seniors/mentors in the family circle who are in this field. As I was pursuing CA, I simultaneously started my law course post my graduation. I believe that my educational background has given me a unique perspective and a competitive edge in the legal field.
You have an impressive range of experience in various sectors, from Fintech to Energy and Infrastructure. What drew you to work in such diverse industries in the field of taxation?
I have always been interested in taxation as a way of understanding how different sectors of the economy operate and interact. I enjoy learning about the specific challenges and opportunities that each industry faces, and how tax policies can affect them. These are dynamic and innovative sectors that have a significant impact on changing the way economy functions and society. I mean we can see the kind of fintech’s getting registered in GIFT City (IFSC) and huge impact that they have in breaking stereotypes, changing the way people understand personal financing or personal investing. It is fast capturing the huge market potential and I think would continue doing that for the time to come.
You’ve handled M&A transactions and tax due diligence for several clients. Could you share a memorable experience where your tax expertise played a critical role in the success of a deal?
It was the most challenging and a steep learning curve of my career when we helped a client acquire a company that had significant tax liabilities. Client wanted to buy the company, but they did not want to inherit the tax problems.
We conducted a thorough tax due diligence on target and identified main areas of exposure and potential solutions. We also assisted in obtaining a clearance certificate that would protect the client from any future claims. We also advised on optimal tax structuring alternatives for the acquisition, taking into account the tax implications thereof.
As a result of our months of hard work, client was able to close the deal with confidence, and saved millions in taxes and penalties. I was very proud of my contribution to this deal, and I received positive feedback from my partners.
I also cherish receiving a commendation from our partner for conducting an internal training on new joinees on several aspects of M&A.
As a Partner at MVKINI Law Firm, you lead the tax department and manage a team of lawyers and CA’s across multiple offices. How do you ensure effective collaboration and coordination among team members?
It is challenging when team is spread across multiple offices and has different areas of expertise. I try to set clear goals and role profiles of team members, setting the priorities right and most importantly leveraging technology tools, such as video conferencing and cloud platforms, to facilitate effective communication and real time collaboration among team members. It is also important to continuously develop their skill sets through regular trainings particularly in our dynamic and evolving field of taxation.
During your time at Ernst & Young, you worked on advising prospective resolution applicants on acquisitions under the IBC regime. What were some of the most challenging aspects of dealing with distressed undertakings in terms of taxation?
One of the most challenging aspects of dealing with distressed undertakings in terms of taxation was the uncertainty and complexity of the tax implications arising from the resolution process. For instance, we had to assess the tax impact of various structures to implement target acquisition, such as debt restructuring, asset sale, merger or demerger etc. We also had to consider the tax implications of any write-off or waiver of debt, as well as the tax treatment of any losses or unabsorbed depreciation carried forward by the corporate debtor. Furthermore, we had to keep abreast of the evolving regulatory and judicial developments in this area, as there were many unresolved issues and conflicting interpretations regarding the taxation of distressed undertakings under the IBC regime.
From your experience in handling tax litigation and representation before various authorities, what are some key strategies you employ to achieve favorable outcomes for your clients?
It is already well emphasized and there are no two views about it. What is of paramount importance is thoroughly digging and understanding facts of the case. It is also an art to get complete set of facts out from a client and once a lawyer is aware of facts, I would say half the battle is won. Certainly researching and preparing legal arguments and presenting effectively is other part of the coin.
I also prepare clear and persuasive arguments and evidence to support my client’s position and challenge the opposing party’s claims. Also, I believe litigation is not all about fighting only for the sake of it. What I have learnt from my seniors is to not force clients into prolonged litigation and wherever possible seek to resolve the dispute through negotiation or settlement.
You’ve also been involved in assisting FPI clients with Indian tax compliances. Can you share some insights into the specific challenges and considerations that foreign investors face while navigating the Indian tax landscape?
One of the main aspects of my work was to help FPIs comply with the Indian tax laws and regulations be it advisory, compliances or litigation. Some of the challenges and considerations that FPIs face while investing in India are:
– The classification of FPIs into different categories given their unique structures in their home jurisdiction and navigating the same into Indian jurisprudence based on tax treaties
– The withholding tax obligations on various types of income, such as dividends, interest, capital gains, and royalties, and the availability of tax treaties and lower rates for certain jurisdictions.
– The reporting and documentation requirements for FPIs, such as filing of tax returns, furnishing of certificates, and maintaining of books of accounts and records. I witnessed how EY was a flagbearer in implementing automated processes for doing these tasks and the amount of effort and investment that went into doing so.
– The risk of tax audits, assessments, and disputes by the Indian tax authorities, and the options for resolution and appeal.
With a substantial background in IBC litigation and commercial arbitration, what advice would you give to businesses or individuals who may find themselves in insolvency situations?
Insolvency situations are complex and challenging for any business or individual, and they require careful planning and professional guidance. My advice would be to seek legal assistance as soon as possible, and to explore all the available options for resolving the insolvency, such as restructuring, settlement, liquidation, or bankruptcy. I would also advise them to cooperate with the creditors and the insolvency resolution professionals, and to comply with the relevant laws and regulations. Additionally, I would suggest them to consider the benefits of alternative dispute resolution methods, such as arbitration or mediation, which can help them avoid lengthy and costly litigation, and achieve a more satisfactory and amicable outcome.
Having worked in both corporate law and tax advisory roles, how do you strike a balance between legal compliance and tax efficiency when structuring deals for clients?
As a legal and tax advisor, I always aim to provide solutions that are both compliant with the relevant laws and regulations and efficient in terms of tax implications for the clients. I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring. To achieve this balance, I follow a few principles:
– First, I always start with a thorough analysis of the client’s objectives, needs and preferences, as well as the specific facts and circumstances of the deal. This helps me to understand the scope and complexity of the issues involved and to identify the potential risks and opportunities.
– Second, I research and evaluate the applicable legal and tax frameworks, both domestic and international, that govern the deal. I also keep abreast of the latest developments and trends in the relevant fields, such as new legislation, case law, guidance and best practices.
– Third, I design and propose solutions that are tailored to the client’s situation and goals, taking into account the legal and tax implications of each option. I also communicate clearly and effectively with the client, explaining the pros and cons of each solution, as well as the assumptions, limitations and caveats involved.
– Fourth, I collaborate and coordinate with other professionals, such as lawyers, accountants, bankers and consultants, who may have different perspectives and expertise on the deal.
– Fifth, I monitor and review the implementation and execution of the deal and provide ongoing support and advice to the client, in case of any changes or issues that may arise after the deal is closed.
Throughout your career, you’ve worked with clients from various sectors and industries. How do you stay updated with the ever-changing tax laws and regulations to provide the best possible advice to your clients?
That’s a great question but I am afraid my answer not any different. It is 3R’s – READ, READ and READ
I think it’s very important to keep up with the latest tax rules and trends, especially in this dynamic and complex environment. You need to subscribe to knowledge databases, newsletters and podcasts from reputable sources that cover tax news and analysis, follow some influential tax experts on social media and blogs, attend regular webinars and workshops that offer updates and insights on various tax topics and issues. What is also understated is consulting with fellow colleagues or mentors if you have any doubts or questions who are always welcoming and provide different perspectives which you might have just not thought about. In fact, I also sometime try to find time to share my knowledge with extended family on LinkedIn by sharing my analysis on latest tax controversies and new legislations.
As someone who has achieved considerable success in your field, what advice would you like to give to fresh law graduates who are just starting their careers in the legal profession, especially those interested in taxation?
Don’t stop asking questions and learning new stuff. Tax law is tricky and always changing, so you gotta keep your curiosity and your brain sharp. Look for ways to learn more, like taking courses, going to events, and reading a lot. Get your hands dirty, try to get as much real-world experience as you can, through internships, jobs, or whatever. This will help you improve your skills and meet people who can help you out.
Money should be secondary as your career just starts and I strongly discourage this tendency nowadays to switch jobs in name of ‘climbing the ladder’ or taking a ‘steep curve’.
A good mentor can help you navigate the tough times (which very often comes in this field), so find one and discuss whenever in doubt. Also, I do believe, everyone has their own set of challenges and pace, so relax and avoid self-comparing tendencies. There is this poem which was introduced to me by our CA-IDT class professor, Mr Ajay Jain – DON’T QUIT
Can you tell us about your journey and how did you end up becoming a lawyer specializing in intellectual property, data protection, and emerging technologies?
As a person with a Masters in Biotechnology and allied Sciences, and coming from an Indian Air Force (defence) family background, and as a first generational lawyer, pursuing law and to build our firm has been an experience of immense learning. I have grown with the India growth story – that if you have merit, it shall prevail with the right kind of hard work to back it.
Furthermore, with the guidance and mentorship of Dr. Vidya Sagar, Founding Managing Partner, Remfry & Sagar and the Father of Intellectual Property Rights in India, being able to absorb his teachings after being recruited directly by him in the firm, was my watershed moment. With always a keen interest in the language of law, debates, history and a penchant for reading, having to progress into becoming a full-fledged lawyer was a natural one post that. It was at that moment that I realized that I can use this cross-section of knowledge of science and law that I have generated in the field of IPR’s and technology law and thereby started contributing to the field of law.
With the advent of the digital age, technology has always been at the forefront of our thought process and while building the firm we follow the vision of being able to be advised through quality and in-depth knowledge to the clients in the field of technology and emerging tech and cater to the new age economy.
But if I have to summarize my journey till now, in one line, I would quote Robert Frost, “These woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep, and miles to go before I sleep.”
As the Co-Founding Managing Partner at RSD Bajaj Global Law Firm, what motivated you to establish the firm and what unique services does it offer to clients globally?
Our vision of establishing RSD Bajaj Global Law Firm is by way of creating an impact by advising clients of the new age economy at legal and business strategic level.
The firm’s vision is principally based on the important pillars of- being a full service law firm; integrity and professionalism – which is something which we see at the cynosure of our ethics and functioning the firm, be it within our teams or with the client’s at large; and to take the firm global from India.
Being a full service law firm from India puts us in a position to advise our clients not only on the advisory fronts on all practice area’s but also on the enforcement end of the law. This unique ability to be on the full spectrum is something we have always envisioned at the firm and with the amalgamation of integrity and professionalism we are keen to take it to the global forefront.
You have successfully advised and aided in scaling of various digital/tech start-up’s. What key challenges do these start-up’s often face, and how do you help them overcome those challenges?
The firm – RSD Bajaj Global law firm – being a full service firm, from the point of view of the capability of the firm to advise on Corporate, PE, M&A, IPR, Data privacy and litigation as well.
This makes us- in terms of capability- to be able to provide our clients with an out-an-out 360 degree advisory along with enforcement capabilities within the firm itself. This we see as a challenge which the firm is able to dwell into and solve at a level which enables us to be present as an end to end advisory with a strong ability of enforcement.
Lawyers in traditional law firms do not understand how the new economy works, how their leaders think. We have been entrepreneurs and grown with these entrepreneurs and invested our heart and soul of theirs through process and entrepreneurship mind space. Hence, in contrast to the traditional law firms, we see that our solutions are more suited and advice is rounded in terms of the current business needs. At the end of the day, your product has to be good. If you can solve difficult problem statements for clients, you are the go to person for the client. In order to be a part of that solution, the ingredients and hence the approach both are different.
With your specialization in intellectual property rights and data privacy, how do you advise clients on the intersection of IPR and business laws- particularly in the Web3.0 spaceand with Metaverse and NFT’s ; also with regard to the Data Privacy in the India jurisdiction?
Also, since you are one of the few certified qualified patent attorney/agents in India with a masters in Biotechnology & allied sciences, could you shed some light on the importance of patents and trademarks in protecting innovations and brands?
Intellectual Property Rights as I like to call them are a right which might have not been taken very seriously by a plethora of businesses in India in the past. However, in the present times the vast applicability of Intellectual Property rights along with the relevance it brings to businesses at large is gaining it’s securing place in the legal realm of all deals, innovation and brand protection.
IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come.
In the digital phase, the next juncture will have a heavy influence of IP rights in the digital world. With the advent of Web3.0 , Metaverse, NFT’s and digital current. In the Indian jurisdiction, it will be rather interesting to witness and be a part of judgments, findings and decisions that we are all set to be witnesses to in the realm of practice. For instance, in April, the Delhi High Court, for the first time, examined NFT digital player cards and the connected right of personality of cricket celebrities.
The Personal Data protection bill is also underway and the legislative bodies are touted to make it a law anytime soon. This brings with it a more clear view of the law in terms of Data Privacy in India and what it would mean for Indian tech companies etc. to be operating in and from India. The right treatment of data is more of a necessity and the nuances if not followed well can be leading to heavy penalties as by the government.
You were recognized as the BW Intellectual Property Lawyer of the year 2023; and the BW Tech Lawyer of the year 2023. In addition to this you have also been accoladed with the BW 40 under 40 lawyers in India in 2022. What do these accolades mean to you, and how do they reflect your accomplishments in the legal field?
From the view of an initial reaction, I think this is a great encouragement for young lawyers in general, especially a ‘first-generational lawyer’s’ such as myself towards my contribution in the last 15+ years to the field of IPRs (Intellectual Property Rights) & Data Privacy and TMT (Technology, Media, Telecom) amongst others. As well as for my legal entrepreneurship journey of scaling a law firm, in the capacity of being the Co-Founding Managing Partner, RSD Bajaj Global Law Firm.
Accolade’s are always positive and uplifting, however, in this enriching profession of law whilst building a law firm from India, it is a long way to go. In the present times, a lot will be in a dynamic state with respect to the profession of law and from being an active participant and contributor to the same; and witnessing the fast pace of the changing face of the economy there is still a lot to contribute.
Here one cannot help but mention the extract from ‘Ulysses’ by Alfred Tennyson. Ulysses is about living life to the fullest and to constantly aim for positive movement. Ulysses’ zest “to follow knowledge like a sinking star” is something that holds great relevance in the practice of law.
The iconic closing line of the poem “To strive, to seek, to find, and not to yield” advocates not just the pursuit of knowledge, but also the will to do so.
You have also been recognised as the Chair of the Young Members Committee at the Licensing Executives Society International (LESI), in India. Therefore, as Chair of LESI India, what initiatives have you undertaken to support young professionals in the legal industry?
As being honoured to be at the Chair of Young Members Committee in India, we along with the inputs from our President from India, conduct various webinars and aid in knowledge sharing across all countries to keep abreast with the changing legal landscape at large.
With your vast experience and achievements, what advice would you give to fresh graduates aspiring to pursue a career in law and the legal profession?
Albeit the experiences that I hold come from being able to be present in the once in a lifetime change of the age and knowledge being at the centre point of the new age economy. However I always feel in a field such as the Noble profession of practice of law it will always be an uphill journey with diligence, perseverance and tenacity at its very fundamentals. This is what has mattered and will always matter as the most important accomplishment and with the learnings from seniors across all practice areas and constant guidance of senior’s always help in the learning profession such as law.
Can you share with us your journey and how you ended up pursuing a career in law? What inspired you to choose this path?
After completing School, I chose to appear for CS and CA foundation exams. Since CS foundation results are released before CA foundation results, I qualified and got through CS, although I had appeared for CA foundation also and passed both of them. While studying for CS exams, I got keenly interested in law as a subject. My curiosity for law increased and I would often find myself dedicating hours to reading law books and cases. I found it extremely interesting and intellectually fulfilling and fell in love with law. After completion of CS, I enrolled myself for LLB with Delhi University. I am a first-generation lawyer in my family and I thank my stars to have landed in a profession that I like.
With over 18 years of experience in corporate and commercial law, you must have encountered various challenges and rewarding moments. Can you share one of your most memorable cases or experiences in your legal career so far?
Quoting a single example from work is difficult as there have been many instances which were challenging in the beginning and rewarding when I got done with them.One of the most profoundly rewarding experiences in my career was setting up Alpha Partners in 2012. As a first-generation lawyer, my passion for creating something extraordinary from scratch fuelled my drive. However, it also presented an immense challenge—bootstrapping a startup law firm. From its inception until our merger with Fox & Mandal, I continuously grappled with the hurdle of elevating the firm to the next level, hiring talent, and enhancing practice verticals in the firm with new partners. For first-generation lawyers like me, to scale law firms to the next level without any avenues to raise finances to fund talent acquisition has been the biggest challenge.
As the Partner and Head of the Corporate Practice at Fox & Mandal, Delhi, you lead a team of more than 10 lawyers. What strategies do you employ to foster a collaborative and productive work environment within your team?
Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm. Few basic tenets like effective communication, clear goals, trust and collaboration, rewarding and recognising good work, encouraging learning and performance evaluation are most important and should be kept in mind by any team leader.
In order to instill the above in young associates, I follow Dr. House’s methods. Every assignment or transaction is discussed threadbare with the full team working on it in a 1-2 hour session so that no aspect is left out to be discussed. Such sessions are not a monologue by me but everyone is supposed to give their inputs and ask questions. Sometimes, these sessions happen in two sittings if something has to be researched and then discussed. At the end of the session, each member of the team is given a particular aspect of the assignment to complete but the team is supposed to coordinate amongst themselves and not work in silos, such as drafting is done by someone, research by others, compliances by third etc. Each one is also given a deadline also. The Senior Associate involved in the assignment is supposed to supervise and check on the work so that it is done in a timely manner. Once this delegation is over, I step aside and let the team work on the assignment. Thereafter before the deadline, an update meeting is done and questions if any are answered. Final review of the deliverables is done in a joint meeting of the team.
I am of the firm view that delegation is extremely important to make a strong team of good corporate lawyers. If the lawyers are not given room, they will never grow professionally and that will affect the overall efficiency and performance of the firm. It also enables them to work as a team and collaborate with each other rather than against each other. I also make sure that in every assignment, the roles of the team members are reversed so that no monotony sets in and each lawyer is getting trained in each aspect.
Your areas of expertise include private equity, venture capital, M&A, joint ventures, and more. Could you highlight a particularly complex or intricate deal you’ve been involved in and explain how you navigated its challenges?
There are many such instances where deals were particularly complicated and required structuring to achieve efficiency and commercial feasibility. Typically exits become complicated, especially when it is a strategic buyout of the company through which exit is being given to investors. A lot of interests need to be balanced. Once such deal involved around 20 institutional and individual investors who were getting shares in the acquirer’s entity and the investors were sitting in an externalised holdco structure. In other M&A transactions, exits or JVs that I have handled, more than legal issues, it is the balancing of the interests of various stakeholders which requires delicate handling. Also, in case of cross border joint ventures, it is extremely important to understand cultural differences and business practices of the partners who are coming together to form the joint venture as most issues arise because things are handled differently by people from different countries and neither one is incorrect.
You have extensive experience in assisting multinational companies doing business in India and the UAE/MENA region. What are some unique legal considerations or cultural aspects that companies need to be mindful of when operating in these diverse jurisdictions?
UAE is an extremely interesting jurisdiction. I have been working closely with UAE firms and clients and the experience has been extremely enriching. UAE is not very different from India culturally because of the historic cultural and business ties as well as the fact that both the jurisdictions have been influenced by the British common law system. UAE has modernised itself in its systems, processes and government dealings and there is a huge emphasis on use of technology in every aspect of governance and in general life. UAE is welcoming investors both at entity and individual level and has all necessary elements of a modern and business friendly country with congenial living standards.
In your experience, what are the key factors that contribute to a successful commercial transaction or project? How do you ensure that all parties involved are aligned and satisfied with the outcomes?
As a lawyer, it is my job to protect my client’s interest to the best possible extent and so are the counsels of the other side. I believe that if all parties involved are adequately represented by lawyers, the alignment and balancing is more or less achieved. It is imperative for all types of clients to be adequately represented in this present day and age when contracts and compliances are getting more complicated and intricate. Corporate lawyers are not merely “punctuation correctors” but play an extremely important and strategic role in transactions and ensuring that clients are legally compliant, which collectively contributes to better corporate discipline, governance and makes our government’s job easier to govern.
With a background in advising clients across various sectors, such as healthcare, hospitality, e-commerce, and technology, how do you stay up-to-date with the latest industry trends and legal developments that may impact your clients?
Read, read and read more. There is no replacement for reading for lawyers and there is no other secret sauce. If in today’s time and age someone says that “I didn’t know” about something, that means she/he has not made an effort to read about it because information is freely available everywhere and you cannot have an excuse that something was not out there.
Other than reading, one should also be connected with relevant stakeholders, in-house lawyers, chartered accountants, CS’s and more importantly lawyers from other law firms and keep exchanging ideas, information and must have discussions on legal issues. In fact, I believe that corporate lawyers should make legal discussions part of their social lives so that nothing is missed out. Information monopolies have been broken down by the internet and now is the era of sharing more and more information rather than keeping it with oneself.
Throughout your career, you’ve been involved in assisting government organizations with real estate and infrastructure projects. What are some of the challenges and rewards that come with working on projects of such scale and importance?
Working on government projects presents unique challenges and rewards. While the commercial compensation for lawyers may sometimes be limited and/or delayed, the experience is truly exhilarating.
Typically the real estate and infrastructure projects that we have undertaken are large scale projects involving multiple legal, commercial and strategic issues. The tussle between remaining fair and just which is a requirement for government instrumentalities and at the same time ensure that the projects are commercially successful for them is something which needs intricate balancing. Also, the commercial expectations of the government from a particular project needs to be balanced against market realities.
As a prominent figure in the legal industry, you were recognized in the Forbes Legal Powerlist as one of the top 100 individual lawyers in 2022. What does this recognition mean to you, and how do you continue to strive for excellence in your profession?
Any recognition is a validation for one’s hard work and receiving such accolades is humbling. At the same time, I guess every day is a new day of learning and one should endeavour that each day is better than the previous one.
Considering your diverse background in law and business, what advice would you give to fresh law graduates who are just starting their legal careers? What skills or qualities do you believe are essential for success in today’s legal landscape?
I have few tips which may be relevant for fresh graduates:
It’s not a job, it’s a profession. So treat it likewise and train yourself for that;
Read, read and read. If reading makes you tired, you are in the wrong place;
Have a problem solving attitude. Not creating, not fixing, but solving a problem is what is required.
Go for post-graduation only when you have identified a particular area or areas of law in which you are confident you can work for long term;
Do not depend on anyone else’s version of research, not articles, blogs, not even chatGPT. Find your own answers to a problem and don’t stop till you do or understand it entirely. Read, discuss, read, repeat.
Be very clear about how much money you want from your employer/firm. There is no market standard and your peers or consultants don’t decide what you get, you do. Remember, working for less is more important than asking more and not working.
Become a generalist but grab one area of expertise or industry or niche practice area and try becoming best in that. Prioritise this over money or any other alternate career options.
Don’t take it too seriously if things don’t work out. Its OK not to be the best.
Finally, looking back on your journey and achievements, is there any specific piece of advice or life lesson that has had a profound impact on you, personally or professionally, that you’d like to share with our audience?
Someone once told me “Be sincere, not serious’ ‘. I guess that was the most useful advice I got which I have used in my life.
Dr. Aparrajitha Ariyadasa, what was the motivating factor in your life that pushed you to pursue law?
I have a family reason because my role model the father was an interdisciplinary person who was a lawyer as well as a lecturer. He inspired me to be an interdisciplinary personalty if I wanted to be socially and financially stable. I saw the luxuries of my father and from the childhood, I wanted to become a law scientist. Therefore after my Advanced Level, I joined the science faculty and simultaneously, I joined law college and became a lawyer and a science graduate at the same time. Now I enjoy all the luxuries what my father wanted me to have because of my profession.
What aspect of your profession makes you beam with pride on a day-to-day basis?
By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel. Due to that appreciation, you get a lot of motivation about the profession. As a woman specifically in a male dominated society when you become, he spotlight, it will generate you confident and sometimes over confident., appreciation, motivation, and productivity. On top of that, when you walk in a society, a lady lawyer is highly recognised socially and politically. Being a reputed lawyer will lead you to get social invitations of different societies, social events and gain lot of respect from the society as a credible and a n honourable person.
You have touched on various areas of law in your practice, Intellectual Property, Immigration Law, Competition Law, Criminal Justice etc. Which area of practice is the most preferred by you?
I adore Intellectual Property Law and cyber law due to the very reason that both of them are inter disciplinary law subjects which involves together with Science and IT which are my other specialized subjects in my other degrees.
Can you tell us your experience of getting through your obstacles and setting up ATD legal Associates?
I TOOK MY OATHS AS A LAWYER IB 2000 AND THEN I JOINED TWO MULTI NATIONAL COMPANIES AND a government organization. I ended up as a Director legal in 2008, due to the very reason my husband was pressurizing me to resign as my daughter needs to be taken to school. With this conventional attitude, I had to find my way making everyone happy. I WANTED TO BALANCE MY FAMILY and the work. I had a decent amount of capital with me and therefore, I did not want to waste my time as a housewife. No sooner had I resigned, I planned to start a law firm and rented an apartment and collected the equipment needed. I was lucky that I had only one apprentice and I took the first step to my firm. I could manage my work and the family because I was my own boss. I expanded the employees and my legal services as I had exposure to multinational companies. At last, during the covid, I could link my firm to a number of countries. My main obstacle was my conventional husband and his grumbling about a working wife who gets late home which I could manage due to my patience. Second obstacle was that the anti-feminist discourses in the country. Men did not want to retain a lady lawyer for their cases. To prevent that, I partnered a male attorney for marketing and networking, and I was in the operation. Once the first consultation was done, male clients were highly impressed and with the time, the anti-feminist attitude in males were eliminated. By now its been 21 years of my practice by now and I do not face any problem of discrimination.
How important do you think, protecting data privacy and taking appropriate actions pertaining to cyber security are for start-up companies?
Data privacy of startups safeguards information from loss through backup and recovery. Data security needs specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defence from internal and external threats. Data privacy refers to controlling access to the data in startups.
How in your opinion have IPR laws developed and transitioned over the years in Asia?
Yes. But the management should be streamlined. Training should be given to Patent agents. Patent drafting and registrations need more experts.
Being a full-time lawyer and also giving your valuable time as a visiting lecturer, how do you manage to achieve a perfect equilibrium when it comes to work-life balance?
I am my own boss. I manage my flexible times without disturbing kids and the family I play by the ear.
Having extensive work experience across several countries in Asia, how do you think budding law graduates can pursue an international career in Law?
They have massive opportunities if they specialize several areas such as IP, Cyber Law and data privacy.
As the Senior Partner of ATD Legal Associates can you tell our curious readers how an average work day would be at your firm?
8 hours
What are the qualities you would look for in interns and new job applicants if they should apply to work at ATD Legal Associates?
Preciseness, self-motivated, research oriented and punctuality
What would be your words of advice for young lawyers who aim to set a career in corporate law?
Know your law. Learn your law, further learn it until you die.
