Super Lawyer

Tag: Mumbai University

  • Rajeev Nair, Principal Associate, Rajani Associates, on being a Company Secretary, and his experience in Corporate Law

    Rajeev Nair, Principal Associate, Rajani Associates, on being a Company Secretary, and his experience in Corporate Law

    Rajeev Nair graduated in law from Mumbai University, in 2007. He is also a qualified Company Secretary. He has experience of around ten years in the areas of corporate laws, corporate acquisitions, mergers and demergers, joint venture transactions, corporate restructuring, private equity transactions, due diligence, general corporate, corporate legal compliances, negotiations and drafting of the transactional documents, setting up investment funds, debt transactions and real estate private equity transactions.

    In this interview we speak to him about:

    • Pursuing the CS course with law
    • Working at Rajani Associates
    • His experience in corporate law

    How would you like to introduce yourself to our readers?

    I am a first generation Corporate Lawyer. During my early days of law studies, I got attracted towards the subject of Corporate Laws and was fascinated by it, not just because of it being glamorous/ high paying arena, though I admit the Corporate Law field has grown multi folds in the past decade or so. Thus, I decided to choose a career in Corporate Laws and here I am sharing my thoughts and experiences in my journey as a Corporate law professional.

    Presently, I am a Principal Associate at Rajani Associates, a Mumbai based full service law firm. I am part of the Mergers and Acquisitions team at Rajani Associates.  

     

    What made you decide to pursue a career in law and take up studies for being a company secretary at the same time?  

    Frankly speaking, after completing my Commerce graduation, I was (like most of the people at that stage) contemplating exploring certain career options. Among them, the foremost being to study law, though, I would not attribute any particular reason to it. Subsequently, during my first year at law college (Jitendra Chauhan College of Law, Mumbai), I found a growing interest towards the sphere of Corporate Laws such as Companies Act, SEBI laws, Income Tax, etc. I was keen on studying those subjects in depth and somehow found a natural liking towards them and wished to be a specialist. At this stage of my career, I thought an additional educational qualification catering to this desire would be ideal for my career. Hence, I decided to pursue Company Secretary (CS) course, along with my law studies. The reason for me opting for the CS course was owing to the fact that it is ideal for professionals who wish to specialise in corporate laws, and the CS syllabus provided an opportunity for me to study my favourite subjects in depth. This way, I tried to manage both my law as well as CS studies, though I must admit that I found it very difficult to manage both simultaneously. But, I believe, that there would be no gain without any pain, and thus applied my all focus to juggle my law and CS studies together.

     

    What are your areas of interest in the legal field? How did you discover and cultivate such interests?

    As discussed earlier, during my early days at law college, I found growing affinity towards the subject of Corporate laws – Companies Act, SEBI laws, Income Tax etc. and was keen to study further and in depth in these subjects. I always wanted to be known as a corporate law professional with an intent to constantly learn and improve the requisite skills. As a student, I began following the developments in the corporate world through the internet, newspapers, business newsletters etc. and started cultivating habits which would enhance my professional prospects and help propel my career in the arena of corporate laws. As such, this became my professional ecosystem, thereby leading me eventually to become a corporate lawyer.

    You were a company secretary at Cello. Can you briefly tell us about the work profile of  a CS? 

    Right after I qualified as a Company Secretary, I joined the Cello Group of companies – which was famous for its pens, writing instruments, cookware and other products. Essentially, I was responsible for the compliances of Corporate laws and Corporate governance norms for certain Cello group companies. Here I was, immediately after qualifying as a CS, being appointed at a responsible position, which being a statutory requirement. Frankly speaking, initially I felt like I was sitting on a hot seat as I was being responsible for the Corporate laws for the well-known companies and was answerable to the management, the foreign investors, the auditors and government authorities and all of which seemed very daunting initially. As a CS, you are also required to sign the financials of the company along with the directors. All this accountability for a freshly qualified profession appeared to be sufficiently intimidating. They say that you learn swimming when you are thrown at the deep end of the pool. My experience at Cello was somewhat similar to that. I learnt many things – essentially accountability, responsibility and being confident. Generally, I have realised over the years that you learn the best lessons of your life when you are put in a challenging position, when you are tested, and not when you get things easily, without any effort. I admit, when you undergo a challenging phase, the first thing that comes to your mind is when I would get out of this situation soon. With experience, you get wiser and you learn to deal with challenging times in better manner. But for that, you have to face the difficult circumstances and undergo the ‘process’, however grueling it may be. No two ways about it.     

     

    What motivated you to leave your position as a Company Secretary and enter the legal field?

    During my tenure as a Company Secretary at Cello, I realised that I wanted to do something more than looking after the Corporate law compliances and overseeing the Corporate Governance function. I wanted to have the exposure to a wide gamut of corporate and commercial laws where I would get the opportunity to work on my drafting skills, advise clients and provide solutions to them on their various legal issues, understand their commercial understandings for different transactions and experience other related things. Then, I thought of giving a shot at work with a law firm. I was criticized and also cautioned by people around me, as life at a law firm was considered tough and challenging (not denying that even today) with deadlines and late working hours. However, I had decided that I wanted to give it a try as I realised that if I don’t try, I would never realise what it is like actually working at a law firm. I was ready and made up my mind that come what may, I would proceed and give it a crack with a lot of conviction. I told myself that if I don’t succeed, I would stick to my CS profession. It’s just that I never wanted to sit and regret having not giving honest try. This is how my career change took place – from CS to law. This is where I learnt that if you want to achieve something, you should want to achieve that badly and have a junoon (urdu word, read in the sense of having unflinching dedication and absolute focus towards achieving a particular thing) for that respective thing and at the same time be ready for failures as well. The failure (depends what you choose to call it – I prefer referring to it as stepping stone) should not bog you down. This may sound cliché but this true. I can now say this as ‘I have been there and done that’ – though still a long way to go. Not at all boasting, but saying this only to encourage the young lawyers who are on the verge of joining or have just joined the legal profession.

     

    How did you secure an appointment at Rajani Associates?

    As I pointed out above, I was making a career change from CS to law and I was not joining the legal profession after my law graduation. Due to this, I have to be candid, I found it relatively difficult to find opportunities to work at a law firm. Here, at Rajani Associates, after a lot of search, and almost giving up on my desire to work at a law firm, I eventually got an opportunity to work in a law firm and continue my journey of Corporate laws – the settings changing from CS to a law firm. I thank Rajani Associates to have provided me an opportunity to work with them and providing me professional enriching experience.

    At the outset, I experienced certain difficulties, as I was not a fresh law graduate (who generally goes through various internships during their law college days and are thus aware of the things to expect and well aware of the law firm ‘culture’) but here I was a professional who was making a career change (from CS to law) and trying to get a footing in a law firm. As long as you know what you want, it becomes easier to face challenging times as you already have a motivation to get through the tough phase. Here after joining a law firm, I got an opportunity to do things what I desired and thus was ready to overcome the initial challenging phase. It was definitely a substantial change for me career wise to join a law firm. But with clarity, patience, and support of my colleagues, I took some time and got in sync and became part of a law firm system. This was possible because I knew what I was doing and in which direction I am going.

    In a nutshell, I can say that there was a major change in my attitude from working as a CS that compared with working as a corporate lawyer.  

    All I can say is that it has been truly a memorable and enriching experience working at Rajani Associates as I have got to experience many things which I always wanted to learn prior to joining Rajani Associates. Mr. Prem Rajani, Managing Partner of Rajani Associates, has been truly inspirational and has guided me all through. I thank him for keeping faith in me and my abilities and providing an opportunity to work with the firm. The work environment at Rajani Associates is truly like one big family which helps in having a positive and upbeat work environment. The work environment goes a long way in shaping your professional development and it helps further if you have positive, motivated and hardworking colleagues working with you – as is the case at Rajani Associates.     

     

    As a Principal Associate, how is your work profile different from an associate who has freshly joined?

    Initially, as junior lawyer, I was very eager and looking to learn and absorb every aspect pertaining to working as a lawyer in a law firm. Over the years, apart from the laws, I have learnt many things at Rajani Associates, including the importance of research work, the client interactions and advisory, drafting and negotiating commercial documents, knowledge management, etc. At the start, if one needs to succeed in any particular field, you need to have the focus and sincerity and keep learning the necessary things, never stop. Now, after graduating to a senior position, life is a bit different in the sense, you work on matters independently, you have to do client management, work on areas of development of the firm which includes writing research materials, newspaper publications, you are also involved in training the new lawyers and guiding them through various aspects of the law field and provide more practical insights which they may not necessarily get to experience while at law college. As such, life after joining a law firm did change to a certain extent and now after spending certain years at the law firm, life has definitely undergone a major change and undoubtedly with a sense of satisfaction of having taken the plunge of joining a law firm. At the start of the career, you learn the essentials of the profession and your focus is on building your foundation blocks of the profession and once when you progress to a senior level, your focus areas/ role in the firm change accordingly.

     

    Can you tell us a little bit about the nature of work in the field of corporate law and what qualities one should develop to succeed in this field?

    I work in the Mergers and Acquisitions team at Rajani Associates. As such, my work areas include working on Companies Act, SEBI laws, Competition laws, Income Tax, Foreign Exchange laws and related subjects. Here you do transactions such as acquisitions, Mergers, Amalgamations and required to merge the laws with the commercial understanding of your clients. You are required to negotiate for your clients with a view to protect their interests and draft the transaction documents accordingly. There is a strong element of responsibility and accountability and considering the high commercial stakes of your clients, you have to take adequate care to uphold the interests of your client. This further becomes complicated by ever evolving and constantly changing ecosystem of corporate laws. Thus, you are always on your toes and need to keep oneself updated with the latest amendments of law as otherwise it will not augur well for you professionally. Thus, you need to work and focus on constantly updating yourself with respect to the Corporate laws, develop on drafting and negotiation skills and client management. If one wishes to join the corporate laws arena, one need to have flair for these things.         

     

    Did you ever consider pursuing higher education? 

    As I have already discussed above, I pursued my CS course, along with my law studies, as I wanted to study further and specialise in the areas of corporate laws. Thus, according to me, higher studies is very subjective matter. It is for every individual professional as to decide for higher education/ additional educational qualification. According to me, additional education qualification should be taken up if any one feels that the same is to their liking or which would further enhance their already chosen career path. Merely adding degrees, though may look good on the face of it, but will not yield desired result if pursued only for the purpose of ‘showing off’ or expecting that ‘magic’ will happen with the additional degrees. I say this with due respect to the people doing further studies/ additional courses and do not intend to ridicule them. Thus, ideally speaking, an individual should introspect and accordingly decide as far as higher education/ additional degrees are concerned.    

     

    How do you maintain a work life balance given the challenging nature of your job?

    As I have already pointed out, the work life at Rajani Associates is very positive and like a family. Due to this, there is a positive impact on my work and coupled with the fact that I work alongside hard working, understanding and friendly colleagues. It is indeed difficult to maintain work life balance, but the experience gained over the years help immensely to attain that and as with experience you become wiser and are better equipped to handle things at work place and if you have a very understanding and encouraging work place like Rajani Associates, it only acts as a catalyst in your pursuit of striking a work life balance.

     

    How can law students prepare to increase their chances of securing jobs at law firms?

    Most Important, know what you wish to do. Your internships, interactions with your seniors, your peers should help you understand/identify which stream of law you wish to go for. I believe this is the age of specialisation as the clients are increasingly looking for that as the complexities in every field has grown multi-fold. As such you need to understand your objective so that you can dedicate your focus and keep working towards a particular goal. Accordingly, the law students should apply to the law firms which they believe would provide a platform for harnessing their career professionally (monetary benefits will follow and should not be a primary criteria). If one is not sure where one needs to go or what one needs to do, then it becomes very difficult. Law firms would also welcome those law students (at least the chances are much higher), who are confident and have a certain clarity in mind as to what one wishes to do.  

     

    What advice do you have for our readers who are primarily college students?

    Life teaches you many things, every second is learning experience. So when life does not stop teaching, you also don’t stop learning things and in the process becoming a better person and professional in your chosen arena.

    Identify the area of your interest. Introspect yourself as to where your liking is. This will help you a lot in choosing a right career path. I understand that in today’s age, there are lot of activities happening at law colleges, then you have internships, social media, etc. Absorb and learn as much as possible from all these things and identity your passion, your liking and where you can solely focus and dedicate yourself. Only then you will be able to accomplish greater things. This is because, you will attain joy only in doing what you like. It is said, “Do what you love, and you’ll never work another day in your life”. Money should not be the primary or sole criteria. Do the work what you like and enjoy, you will do a great job and money will definitely follow, as was famously said in the Hindi film 3 Idiots – try to be competent, success will surely follow.

    Also, there is no substitute for hard work. The profession is such that you have to constantly update yourself; learn, unlearn and relearn, no substitute for that. Also, when you are young and new to the profession, you have lot of enthusiasm, passion and energy, but in most of the cases, the passion and energy tends to wane over a period of time. It is important to sustain that passion and drive towards your career and never allow it to diminish, only then you would achieve remarkable success and most importantly, do your work with sincerity. I believe, you don’t do your work seriously but do it with sincerity. You can fool others, but not yourself. For this, you have to constantly learn, improvise, look for betterment in your work. As commonly said, you should keep the fire in you burning always, so that you always come out as a better professional in each of your professional endeavours. As a music lover, I would end on a musical note, and in order to summarise my advice, would quote the song “Never Give Up” from the Hollywood movie Lion to the young lawyers – wonderful song with amazing lyrics, truly inspirational.   

  • Payal Parikh, Partner, ANB, on Real Estate, Infrastructure, and Banking

    Payal Parikh, Partner, ANB, on Real Estate, Infrastructure, and Banking

    Payal Parikh graduated in law from Mumbai University in 2000. She has held diverse diverse posts in her career including being a Partner at M. Dhruva & Partners, Deputy General Manager of the Welspun Group heading the Infrastructure and Textile arm of the group. She has also been associated with law firms like Dua Associates and Kanga & Co. and Companies like the Lodha Group of Companies and Suzlon Energy Ltd. She currently heads the Real Estate, Infrastructure and Banking practice at ANB Legal.

    In this interview we speak to her about:

    • Her expertise in Infrastructure, Real Estate, and Banking
    • Her role as Partner
    • Her experience thus far

    How would you introduce yourself to our readers?

    As an administrator, I am a disciplinarian, with a human touch. When it comes to handling my assignments, I believe in attention to detail. Having said that, I am careful as to choose what to devote my time to. I am passionate about my work and do it with a great amount of zeal. Despite over seventeen years now in the profession, I have a newcomer’s enthusiasm.

     

    What motivated you to pursue a career in the legal field?

    I am one of those ‘by chance lawyers’. I had not thought of what I wanted to pursue as a career. All I had envisaged is that I want to be honest to my work, my word and my people. I was in Jaipur when I passed my B.Com and came to Bombay as my dad was transferred. He was then an accountant member of the Tribunal at the ITAT, being duly qualified as a lawyer and chartered accountant. We spoke and decided to go in for Law. Although it was an impulsive decision, I am glad I took it. The fact that each day is a new day of learning and education is a great impetus to come to work.

     

    Did you pursue activities such as moots, debates and internships in law school? 

    My college was limited to attending class and heading for the traineeship with a firm i.e. Kanga & Co. My real college was the work I did, my professors were the partners/colleagues of the firm. My moot court training was done preparing for actual matters and the debates took place between the finest minds in the profession. The three years till I passed out was worth many years of learning in any university.

     

    Would you say law school prepared you for the real world practice of law?

    As I said above, I was lucky to be in the real world as soon as I stepped into the legal world. Working along with studying teaches you a lot in terms of not only the law or practicality, but also handling clients, growing with your colleagues, teaching them what the seniors were kind enough to pass on to you. I am not saying by far that college is of no point. However, to answer your question, for me the preparation to the real world was, in one word, an experience.

     

    What is your opinion on the need for pursuing higher education?

    Education is very necessary in the specialised world of today. Especially if you do it abroad. The reason I feel, more than the academic learning, it is the broadening of your horizon by learning from people from different cultures, knowing their manner of functioning, and having your friends/contacts in different jurisdictions helps in the longer run.  

     

    What are your areas of interest? 

    Interest is something which evolves, you can’t discover it with intent. What relaxes me is painting, doing a bit of craft work. I guess I did not do it in school that much.

     

    What was your first job after college? How did you secure it?

    My first job was in Suzlon, the wind energy giant. I worked out of Pune. My father got transferred out of Bombay and I could not afford to stay on my own with the salary which was doing the rounds way back in the year 2000. I may add here that now freshers have the option of taking up jobs which can support them. Back in the day, we had to gather a few years of post graduation experience to be able to survive on our earnings. I applied to many places in Pune as that was the city closest to Bombay and then I was able to fend for myself on what I earned.

     

    What is your current job profile at AnB Legal? 

    I am the Partner in charge of the NCR office and head the real estate and banking practice in the Firm. I am presently based in Mumbai, but visit the NCR office twice in a month. My responsibilities are more akin to a managing partner here as I have taken up the role to ensure that the accounts, billing, recovery and management is in order.

    Also, we are a relatively small team having sometimes piles of work and urgent deadlines. As a result we all help each other in  assignments. For example, in an urgent research on litigation concerning real estate, I may just be an assistant to our Senior Associate Shreni Shetty. Having a small, but well knit unit, has its advantages.

     

    As an expert in Real Estate, Infrastructure and Banking, can you tell our readers a little about the subjects and the nature of work they demands?

    In a short space, any mention of the three practices and their nuances is not going to do justice to any writer or reader. Any branch of law or profession is going through changes even as you read this piece. RERA, for instance, has changed the real estate landscape, in a manner that the earlier practitioners would be left with mere memories of how conveyance was practiced. To sum it up, be it any practice, update and innovate.

     

    What responsibilities does being a Partner entail?

    A partner is responsible just as maybe any head of the family is. We can list out all the duties, obligations and tasks here, but it is a lot to cover.

    In brief, to be able to wade through a bad time a colleague is having, give him/her some time and support; or a colleague is in difficulty and cannot attend a meeting with you (maybe work related or illness or personal difficulty), give them the flexibility. I have seen that people are diligent if you trust them. You give them your best and what you will get back is even better from them.  Client satisfaction is as important as keeping your colleagues’ best interests in mind, a partner has to find the balance and work on that tight rope.

    Also, being at the helm, responsibilities includes roles of revenue generation, being a brand ambassador, getting a better and wider name of the firm, wherever you go and whoever you deal with.

     

    You have also been a Deputy General Manager at Welspun Group. How did this appointment take place?

    Most of the companies in India are still promoter driven. As an in-house counsel one has to balance professionalism and business minds, which is a challenge. One may refuse a client if it doesn’t fit in your idea of professionalism. To do that when you are in a job, becomes difficult. As a partner, I do what keeps me grounded and yet on my toes. Building a practice in this competitive world is not so easy. Being in-house has a comfort of work (although it is sector specific) and financial security. However, having done both, I would not trade the adventure of being in the practice with any amount of job security.

     

     

    What qualities would you look for while hiring law students and young lawyers?

    For any colleague, be it for law or as a typist or as a peon, the most important is attitude. If one has that in correct measures, he/she is welcome with us. When I say attitude, it is  the mixture of competence, diligence, respect in the eye for the other, and the humility  to deal with success.

     

    What are the hurdles you have faced in building your career as it stands today?

    Hurdles are those things which you see when you take your mind off the goal. I have had a few, but I have absorbed them as education. On other occasions, I have taken decisions based not on instinct but on the need of the hour. All this is a part and parcel of growing up and being a part of the profession you have begun to be fond of.  The lesson learnt is, give it all you have got and deal with the task at hand. If that done, any issue will be taken care.  

     

    How do you maintain a work- life balance?

    Simple; give it all during the week, and if correctly followed, no working on the weekends, and at least one vacation a year with complete switch off.

     

    What advice do you have for our readers who are primarily college students?

    All very well to have aspirations, however, keep your feet on the ground when you dream of flights. We have picked up papers, proof read volumes, paginated, compiled lists, done meager odd jobs and still do. Even now, if it calls for it, I assist junior colleagues without a thought of seniority. There is no small work nor substitute to hard work, and won’t be.

  • Aradhana Bhansali, Partner, Rajani Associates, on real estate law, arbitration, and corporate practice

    Aradhana Bhansali, Partner, Rajani Associates, on real estate law, arbitration, and corporate practice

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  • Poorvi Sanjanwala, Partner, Rajani Associates on essentials of a good corporate lawyer and Merger and Acquisition practice

    Poorvi Sanjanwala, Partner, Rajani Associates on essentials of a good corporate lawyer and Merger and Acquisition practice

    Poorvi Sanjanwala graduated in law with a gold medal from the Mumbai University in the year 2003 and went on to complete her Masters in Commerce from the same University.

    She is currently a partner at Rajani Associates and handles the Private Equity and Merger & Acquistion practice (the acquisitions side) in the Firm.

    In this interview she talks about:

    • Essentials of a Good Corporate Lawyer

    • Experience working in a Corporate Firm

    • Challenges and hurdles in Merger and Acquisition Practice

    • Her view on Make in India campaign

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am Poorvi Sanjanwala and am a partner at Rajani Associates, a Mumbai based law-firm. I handle the Private Equity and Merger and Acquistion practice (the acquisitions side) in our Firm.

    WHAT INSPIRED YOU TO JOIN THE PROFESSION OF LAW? IF NOT LAW THEN WHAT WOULD HAVE BEEN YOUR CAREER INTEREST?

    I have always been interested in all things legal even when I was in college, I recollect deliberating a bit more upon newspaper articles which reported commercial judgements or interesting case-laws. Added to that is the fact that I am very fond of drafting, so law had to be an obvious option. If it were not law, I would have probably pursued an MBA.

    HOW IMPORTANT ARE INTERNSHIPS FOR A LAW STUDENT? TELL US ABOUT YOUR INTERNSHIP EXPERIENCES WHILE AT UNIVERSITY

    Internships I believe are extremely important not only from a knowledge-building perspective but from a specialisation identification perspective. Internships enable a student to obtain a more in-depth knowledge of various laws particularly from a practical perspective. Internships also go a long way in honing analytical skills further and enable students to come up-to-speed on laws and judgements as part of research or assignments they may be involved in, in the course of their internship. Internships do, I believe, also help students in identifying with more clarity the area of specialisation they wish to pursue and also prepare them more effectively from a practical standpoint, for life as a lawyer once they graduate. And yes, internships are at many times, a very good platform for talent to come to fore and be recognised as well. Unfortunately I did not intern during my university days so as such there is no specific experience I would be able to share with the readers in this regard.

    WHAT ARE THE OPPORTUNITIES THAT THE PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD CORPORATE LAWYER?

    Our Firm is a full service Law Firm with the corporate law practice areas being the pivots. Our practice areas include PE, M&A, Capital Markets (International and Domestic), Projects and Project Finance, Dispute Resolution, Intellectual Property, Real Estate, Banking and Finance and ofcourse General Corporate and Commercial.

    The essential requirements to be a good corporate lawyer, would be, first ofcourse be interest in the corporate laws domain as a whole, followed by good drafting skills, since any transaction/assignment in any these practice areas do involve significant documentation and where more often than not, no two documents are alike and entail customisation which is transaction specific. Coupled with drafting are negotiation skills, since again transactional documentation almost always involves counter-parties and where finalisation of such documents involves negotiations and lastly, good inter-personal skills and team spirit.

    HOW WOULD YOU COMPARE INDEPENDENT PRACTICE TO JOINING A LAW FIRM?

    Having worked with law firms since I qualified, I don’t think I would be in a position to throw much light on this. Having said this, starting off- independently is at the other end of the spectrum from working in a firm. There are various factors which culminate into a decision for any person to start off on their own and pose its own set of challenges.

     

    CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM AND WHAT MOTIVATED YOU TO JOIN RAJANI ASSOCIATES?

    (Ms. Poorvi Sanjanwala have been with Rajani Associates for more than a decadpoorvi-3e)

    The experience has been very enriching. Rajani Associates is the place where I have gained and continue to gain my knowledge of corporate laws and my transactional experience in the PE and M&A spaces. I have also been fortunate to have had very good seniors, particularly Mr. Prem Rajani, the Firm’s Managing Partner, who have also been very encouraging and have had the patience to discuss transactional aspects as a transaction progresses (and not just a post completion analysis or review). As a Firm, apart from the emphasis on close attention to detail and effective client interaction, Rajani Associates gives its lawyers the platform to demonstrate their skills in the areas of their practice, believes in placing an equal importance on learning as you work and where every member of the team is encouraged to contribute effectively to transaction closure and given an opportunity to actively participate in transactions. Coupled with this, is a good working environment and you have all the ingredients of a great working place and enormous opportunities for career growth.

    YOU HANDLE VARIOUS ASSIGNMENTS WITH RESPECT TO THE MERGERS & ACQUISITIONS. WHAT ARE THE BIGGEST HURDLES AND CHALLENGES IN THE IN THIS AREA OF PRACTICE?

    I would not say that there are hurdles in either the PE or the M&A space. Yes transactions are challenging and at times demanding but which transaction is not? It is the challenges which make each transaction a unique learning curve and also enrich your knowledge and experience in the process. I would say that every transaction I have handled or been part of in the past, has had some or at times a myriad of unique aspects to it, be it the nature of the transaction or its structure or the negotiations that it may have entailed. All transactions and the experiences have been and will continue to be a wonderful learning process for me.

    RAJANI ASSOCIATES HAS CONSISTENTLY BEEN RANKED AT THE TOP IN DEALING WITH ASIA-PACIFIC M&A. WHAT IS AN AVERAGE DAY AT WORK LIKE FOR YOU?

    An average work day would mean discussing with the team on on-going transactions, taking a round-up on changes that may have been effected to any law and its potential implications and ofcourse working with the team to meet deadlines of any on-going transaction.

    THE GOVERNMENT HAS BEGUN DISCUSSIONS TO PERMIT THE ENTRY OF FOREIGN LAW FIRMS AND LAWYERS INTO INDIA. IN YOUR OPINION, HOW WILL THIS AFFECT THE PROFESSION?

    How the actual entry of the foreign law firms will pan out, will ultimately depend on the fine print of the rules which will regulate their entry and operations into the Indian legal practice arena. As such it would be pre-mature to comment in detail at this juncture. Needless however it would be to state that the advent of foreign law firms will be a game-changer of sorts once all decks are cleared for their entry.

    THERE IS ONGOING CAMPAIGN FOR “MAKE IN INDIA”, “START-UP INDIA” AND “SKILL INDIA”. IS OUR LEGAL SYSTEM MATURE ENOUGH FOR SUCH DEVELOPMENTS OR IS THERE A NEED FOR REFORM?

    I believe the legal system is mature enough. This initiative of the Government is an important and welcome step in providing an impetus to growth and development of the country as a whole by nurturing skills and ideas to translate them into opportunities for businesses thereby generating employment and bringing self-reliance in sectors which were earlier import dependant or at the nascent stages of development. At the same time it also seeks to encourage multi-nationals and other global level players to set shop in India thereby also enabling the Country to not only benefit from investment and capital but also in opening up new opportunities for new/enhanced skill sets, technologies, employment opportunities and other ancillary benefits thereby propelling the growth story further. Keeping this objective in mind, the Government has introduced several measures for the ease of entrepreneurs to start and operate their businesses, initiated consequential changes in legislation, introduced reforms, including the liberalisation of receipt of foreign direct investment in various sectors which will go a long way in making the “Make in India” concept a winner all the way in achieving its intended objectives.

    THE GOVERNMENT HAS BROUGHT INTO FORCE THE COMPANIES (MEDIATION AND CONCILIATION) RULES 2016 TO GIVE EFFECT TO SECTION 442 OF THE COMPANIES ACT. HOW WILL THIS AFFECT THE CORPORATE SECTOR?

    As the Companies (Mediation and Conciliation) Rules, 2016 are a very recent introduction that is, the notification in this regard has been issued in September 2016 only, its impact and its success as also the ability of this mechanism to reduce the burden on the judiciary will have to be reviewed as the extent to which parties to a dispute will take recourse to it for the purposes of resolution of their disputes will have to be gauged with the passage of time.

    WHAT ADVICE DO YOU WISH TO GIVE TO YOUNG LAW STUDENTS AND YOUNG LAWYERS, LOOKING FORWARD TO JOIN A CORPORATE LAW FIRM?

    Joining a corporate law firm as most of the readers would be aware, is a demanding but at the same time challenging as well. Coupled with this, it also entails the pre-requisite of keeping continuously abreast with current laws, possessing good negotiation, drafting skills and analytical skills and working well in a team. Other equally important aspects are effective communication and inter-personal skills which are critical in team and client interaction as also during negotiation of agreements.

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    If you love the work you do and put all your efforts into what you do at your work place whole-heartedly, then this is what will make the entire journey an enjoyable, enriching and successful experience.

     

  • Puneet Bhasin, Cyber Law Expert, Cyberjure Legal Consulting, on mooting, pursuing cyber law, and plans for the future

    Puneet Bhasin, Cyber Law Expert, Cyberjure Legal Consulting, on mooting, pursuing cyber law, and plans for the future

    Puneet Bhasin, graduated from  GLC, Mumbai in 2011. During her time as an undergraduate, she has interned with the likes of Fox Mandal Little and Advani & Co. In 2012 she went on to pursue a postgraduate diploma in Cyber Laws. She is currently a master candidate in the University of Mumbai, specializing in business laws with a focus in e-commerce laws and compliance.

    In this interview we speak to her about:

    • Winning the Surana & Surana Int’l Technology Law Moot
    • Choosing to pursue Cyber Law
    • Her internship experience

     

    How would you like to introduce yourself to our readers?

    I am an advocate practising in the area of Cyber Laws. It is a new and growing field. I started practice three years back after I graduated from Government Law College (Mumbai) with the B.L.S.LL.B. degree.  I was interested in this field from my first year in law college, and I did the Diploma in Cyber Laws from Asian School of Cyber Laws. This basic course made me realize that I wanted to pursue a career in this field and that is when in my second year in law college I became a Certified Cyber Crime Investigator. Subsequently, I did my Post Graduate Diploma in Cyber Laws in the fourth year of law college. Additionally in my final year, I did short courses in Intellectual Property Laws, Hacking & Cyber Security and E-Commerce Laws. I passed out from college in 2011 and started practicing on my own.

     

    Why did you decide to study law?

    While in school, I never thought of pursuing law, though many of my family members are lawyers and in judicial services. However, after the 12th Board exams, I came across the prospectus of Government Law College, and the subjects appealed to me. I read up more about them, and decided I wanted to pursue law; and within the first week of law college, I realized that this was probably the best decision I made in my life.

     

    What does it take to be a great mooter?

    (Puneet has won the Best Student Advocate Award at Surana and Surana International Technology Law Moot Court Competition.)

    It was God’s grace that I got many opportunities to participate in moots in college. Surana and Surana International Technology Law Moot Court Competition was one of the most memorable one for me. I was selected to represent GLC in this moot in my second year, and it gave me an opportunity to research on main law subjects, as till the second year we had only pre-law subjects. The moot problem surrounded a very interesting premise of “legal liability in cases of Augmented Reality”, which means that who is liable if a computer with artificial intelligence does something wrong.

    It is very important to be open to learning in order to excel in moots. Good research skills are a must along with excellent oratory skills. However, the more you participate in moots, the better you become.

    Moots give you practical experience to some extent. More than anything else, they teach you how to handle success and then deal with defeat also. When you win many moots and then you lose in a moot, it is a big set-back for your self-confidence, but it is very important for you to experience this as this is what real world litigation practice is all about. Winning and losing cannot affect you much at all as it is a part of practicing law. You learn to dissociate feelings of self-worth from practice.

     

    puneet-bhasin2Share some of your memorable mooting experiences.

    Surana and Surana International Technology Law Moot was a very memorable experience, and I was judged by the Director of Asian School of Cyber Laws in one of the rounds in that moot in 2008. Surprisingly, she remembered me even in 2011 and got in touch with me to teach Post Graduate Diploma in Cyber Laws in their institute. Moots definitely give you recognition and help build contacts.

    I participated in the Kanga Moot Court Competition in 2010 and we won the Best Team award along with Best Memorial. The moot problem was based on arbitration, and that is where I got interested in Arbitration and interned in this area of law also. One thing about mooting is that it gives you a chance to read up extensively on different subjects of law, and this helps you to know where your interest for practice lies.

    The Bar Council of Maharashtra and Goa moot was my first moot and it was in Ahmednagar. That was the first time I had gone to stay in the interiors of Maharashtra, and the simplicity of the students there was very impressive. I loved the experience of interacting with the law students there.

     

    What kind of internships did you do while you were a student?

    I interned in Fox Mandal Little and Co.  under Senior Partner Mr. Pal. He specializes in Shipping laws and I assisted him in matters. However, this experience made me realize that shipping laws was not my cup of tea. Then I interned under Managing Partner Mr. Khatlawala in Corporate Law arena,, and I did like it. I got to learn a lot. Under Junior Partner Ms. Rajni Divkar, I got the opportunity to assist in the drafting of Rules under a State Act.

    But soon Arbitration caught my fancy, and I landed up with an internship under Mr. Hiroo Advani, who is an expert in Arbitrations. I really liked working on arbitration matters and attending arbitration proceedings. In Advani and Co. I even worked on couple of Due Diligences, but soon realized that typical corporate law work like due diligence is probably not made for me.

    The internships gave me a clear insight on what I love doing and what I would prefer to avoid as a career choice with respect to legal practice. They made me more confident along with helping me build good networks in the legal fraternity.

     

    Do you think participating in extracurricular activities like MUNs is essential?

    (Puneet has been awarded Honorable Mention in Human Rights Council of GLC Model United Nations.)

    Any extra-curricular activity teaches a lot and mere participation makes us a better person and equips us with skills we did not have before. I used to actively participate in Debates, Moots and MUNs in college, and I felt that they made me more confident and improved my analytical and logical thinking skills.

    Students must participate in extra-curricular activities, not just to win, but to gain meaningful experience.

     

    How did you become interested in a career in cyber law?

    I realized that I had a profound interest in Cyber laws in my first year in law college, and I pursued this interest by doing further courses so that I could equip myself well to be able to practice in this area of law.

    Academic skills of cyber laws you can learn by doing courses on this subject, and practical skills you will learn only on the job.

     

    What were the difficulties you faced in shaping up your career as it stands today?

    Cyber law was a very new field at that time, with very few people practicing it. This had many advantages, as unlike many fields of law where seniority, experience and age matters, in cyber laws there was less competition three years back, and there was no question of seniority as it was a very nascent and new field.

    However, the major difficulty faced by me is that there are victims of cyber crimes everywhere, but they are ignorant of the law and don’t know that they can seek legal recourse.  I started blogging on cyber laws on http://indiancyberlawyer.wordpress.com and http://blog.ipleaders.in to create awareness about cyber crimes.

    In the initial stages of your career, patience is the key.

     

    A lot of people don’t understand the specialization of cyber law. Why do you think is this the case?

    Cyber laws are a very specialized field. A cyber lawyer is a techno-legal lawyer who is well-versed with technical aspects of computers, computer networks, communication devices and has complete legal knowledge including the special laws and rules applicable in techno-legal matters. Most evidence in criminal cases is obtained from cell phones or computers, and a cyber lawyer is the only one who can help in proper appreciation of such evidence or to find loop-holes to make such evidence inadmissible. Also, with the advent of E-Commerce, the concept of e-contracts and digital signatures has emerged, and only a cyber attorney would be able to advice with respect to the same. Intellectual Property Rights in cyber space is also a growing arena which requires lawyers proficient in technical aspects.  Cyber security standards are also governed by laws in India, and a cyber attorney is the only person who would be able to give sound advice on the same.

     

    Tell us something about being an Associate Member of Chartered Institute of Arbitrators (CIARB), UK.

    Affiliation to CIARB (UK) requires you to attend the course conducted by them and then submit your research on the topic given by them. The research paper is graded and if you get above B grade then you are qualified to pay the requisite fees and become an Associate Member of CIARB. This is the first step to become a Chartered Arbitrator.

    Lawyers who are interested in this should visit the CIARB website and enrol for their course in India.

     

    How do you go about teaching?

    (Puneet is also a faculty for Post Graduate Diploma in Cyber Laws at Asian School of Cyber Laws.)

    I love to teach cyber laws, and being a faculty gives me that opportunity. It keeps you in touch with the subject and also helps you to contribute to the growth of this field in India, by training lawyers and IT professionals in this field. Practicing law is very satisfying and lucrative, however, life as a professor is not as lucrative but it has a very feel good factor to it, as your students look upto you and you get a chance to shape their careers. Teaching is a very humbling experience.

     

    How important is social media engagement?

    Lawyers cannot advertise, and in specialized fields like cyber laws, it is impossible for people to know about the services you offer. Social media and blogging play the role of the bridge between a legal professional and potential clients.

     

    Where do you see yourself after five years from now?

    I would like to believe that with the growth of Cyber laws in India even my career will reach new heights in the next five years. Hopefully with God’s grace I would be able to make a lasting mark in the legal fraternity in the area of cyber laws.

     

    Do you accept interns with you? How does one apply?

    I do accept interns. I even take interns on a distance mode basis for research work. Anyone interested can apply with their resume to contact.cyberjure@gmail.com.

     

    Last but not the least, what would be your message for aspiring law practitioners?

    Law is an amazing field, and if you aspire to enter this field then you are definitely going to love it. Law involves a lot of human interaction, which is the best part of it. You get to learn new stuff about human nature each day, and in the process you change for the better each day. Good luck for your wonderful journey of becoming a lawyer!