With over a decade of experience in the legal field, what initially motivated you to pursue law as a profession? Was it a deliberate decision, or did it unfold naturally over time?
I took up law because I have always been driven by a deep sense of justice and an innate curiosity about society. From an early age, my fascination with sociology and history opened my eyes to the ways in which laws shape communities and uphold fairness in everyday life. From class 10, I participated in several mock tests that not only sharpened my critical thinking skills but also provided a glimpse into the analytical rigor required in legal studies. These experiences helped me understand that law was not merely an academic discipline—it was a tool for societal transformation and a means to champion fairness. This early foundation instilled in me a commitment to pursue a career where I could contribute meaningfully to upholding justice and influence positive change, a passion that continues to inspire my work every day.
Why did you shift your focus from traditional litigation to legal recruitment and how have your experiences at your previous organization influenced your approach to recruitment?
I began my career in 2013 working with an Advocate on Record, and later had the opportunity to collaborate with esteemed lawyers at the Hon’ble Delhi High Court. After five years of invaluable experience, I took the leap into independent practice, primarily serving clients from the IT industry. My focus areas included contract and agreement drafting, negotiations, arbitrations, and litigation. Working alongside Senior Advocates provided me with exposure to high-stakes litigation and complex arbitrations. Observing their dedication, commitment, and in-depth research reinforced my understanding of what it takes to achieve the prestigious status of a designated Senior. Those years were instrumental in shaping my professional perspective and instilling a strong work ethic that I continue to value.
Over time, while I honed my legal skills in litigation and independent practice, I began to notice a recurring theme: the success of legal teams often hinges not just on individual prowess, but on the collective strength and fit of the team itself. My experience at a US-based IT company, where I served on the core committee alongside HR managers and the country head, exposed me to a more strategic view of talent management. I learned firsthand the importance of aligning a candidate’s technical expertise with the broader cultural and operational needs of an organization. This exposure illuminated the critical role that legal recruitment plays in bridging the gap between raw legal talent and the strategic objectives of law firms.
Realizing that my background in high-stakes litigation and rigorous legal analysis could be leveraged to identify and place the right talent, I made a deliberate shift from traditional litigation to legal recruitment. I saw an opportunity to combine my comprehensive legal experience with the strategic insights gained from corporate talent management to create a more nuanced, client-focused recruitment process. Today, at Yellow Wire Consulting, I use my in-depth understanding of legal practice to evaluate candidates not just on their technical qualifications but also on their potential to contribute to the unique culture of a firm. This integrated approach ensures that every placement supports both immediate operational needs and long-term organizational growth, reinforcing the idea that a well-matched team is the cornerstone of sustained success.
Can you describe how your role has evolved since joining Yellow Wire Consulting and the impact its leadership has had on your growth?
Since joining Yellow Wire Consulting, my role has evolved significantly from a conventional recruiter to a strategic talent acquisition leader. Under the guidance of our founder, Ms. Sarabjeet Kaur, I have been encouraged to look beyond traditional placement methods and develop a holistic recruitment model. Her visionary leadership has been pivotal in reshaping our approach, emphasizing that recruitment is as much about understanding a firm’s cultural and strategic needs as it is about evaluating technical skills. I have had the opportunity to engage in extensive market research, develop comprehensive HR manuals, and lead soft skills training initiatives that prepare both candidates and client organizations for long-term success.
This transformation in my role has allowed me to integrate my legal expertise with innovative recruitment strategies, ensuring that every candidate placement is not only a match on paper but also aligns with the broader vision and values of the client firm. The evolution of my responsibilities has led to a more proactive and adaptable strategy, one that is continually refined based on feedback, market trends, and the dynamic needs of the legal industry.
What key elements do you focus on during the recruitment process to ensure the right match between candidates and client firms?
At the heart of my recruitment process is a commitment to deep understanding and precision. I begin with detailed consultations with client firms to uncover both the explicit technical requirements and the subtle cultural dynamics that define their work environment. This involves engaging in comprehensive discussions with hiring managers and HR leaders to capture the unique values and operational nuances that make each organization distinct. Following this, I implement a rigorous assessment framework that evaluates potential candidates on multiple dimensions—ranging from their legal expertise and professional demeanor to their adaptability and interpersonal skills.
Every candidate is considered holistically, ensuring that the match goes beyond technical qualifications to include a genuine cultural alignment. This integrated approach is continuously refined by incorporating direct client feedback and current market research, allowing me to minimize mismatches and promote long-term retention. Ultimately, my goal is to create placements that serve as strategic partnerships, fostering enduring relationships that contribute to the sustained growth and success of both the candidate and the firm.
In the competitive landscape of legal recruitment, what challenges do you encounter, and how do you address them?
The competitive nature of the legal landscape presents several challenges, chief among them being the need to balance the often-divergent expectations of client firms and candidates. Many firms are primarily focused on technical proficiency and proven legal acumen, while candidates increasingly seek roles that align with their personal values, career aspirations, and desired work-life balance. This divergence can lead to mismatches if not carefully managed. To address these challenges, I have refined my recruitment strategies to adopt a more holistic evaluation framework. My approach involves conducting extensive, multi-layered interviews and competency assessments that go well beyond conventional metrics. I invest significant time in understanding the cultural fabric and strategic objectives of each client firm, which allows me to communicate effectively with candidates about the true nature of the roles on offer.
Additionally, I maintain an ongoing dialogue with both clients and candidates throughout the recruitment process, ensuring that expectations are continually aligned. By leveraging continuous market insights and detailed feedback, I have been able to adjust my methods dynamically, ensuring that our placements are sustainable and mutually beneficial in an environment where the stakes are high and competition is fierce.
What advice would you offer to legal professionals aspiring to transition into recruitment and management?
For legal professionals looking to transition into recruitment, my advice is to cultivate a balanced blend of technical legal expertise and strong interpersonal skills. It is essential to have a thorough understanding of the legal landscape, including the operational dynamics of law firms and the broader judicial ecosystem. This technical foundation enables you to assess candidate qualifications accurately and understand the complex needs of client organizations. Equally important is the ability to communicate effectively, listen attentively, and approach each recruitment challenge with empathy and strategic insight. Skills such as critical thinking, strategic foresight, and an eye for both technical and cultural fit are indispensable.
I encourage aspiring recruiters to engage in continuous learning—staying updated with industry trends, seeking out professional development opportunities, and building robust networks. Ultimately, success in legal recruitment depends on your ability to build trust-based relationships and create synergistic matches that benefit both the candidate and the firm in the long run. Embracing this dual focus on legal acumen and human connection will enable you to navigate the complexities of the field and contribute significantly to building strong, cohesive legal teams.
Could you share a memorable project from your professional journey that significantly shaped your approach to legal recruitment and reaffirmed your commitment to excellence?
One defining project in my career bridged my early litigation experiences with my current focus on legal recruitment. Early on, while working with an Advocate on Record and at the Hon’ble Delhi High Court, I learned the value of rigorous analysis and dedication. Later, during my independent practice serving IT clients, I recognized that building cohesive teams was essential for success.
This realization became even more pronounced when I spearheaded a comprehensive project, wherein our aim was not just to fill open positions but to create enduring, value-driven relationships between efficient legal professionals and a leading law firm. I led an in-depth consultation process with multiple client firms to meticulously map out their strategic objectives, work cultures, and long-term visions. By drawing on my extensive background in litigation and independent practice, I was able to identify candidates whose legal acumen, soft skills, and personal aspirations perfectly resonated with the unique needs of the firm.
Moreover, this project involved developing customized HR guidelines and targeted soft skills training sessions to ensure that candidates were well-prepared to integrate seamlessly into their new roles. The tailored approach we adopted resulted in placements that not only enhanced the operational capabilities of legal teams but also fostered lasting professional relationships and improved team synergy. Witnessing the tangible impact—from enhanced legal operations to the sustained growth of both candidates and firms—was immensely gratifying. This experience has profoundly reaffirmed my belief in a holistic, client-centric recruitment strategy that has been a cornerstone of my journey from the courtroom to legal recruitment.
With the fast pace of the legal industry, how do you and your team maintain a healthy work-life balance while driving innovation?
While we work in a demanding environment at Yellow Wire Consulting, we strive for a practical balance between professional responsibilities and personal well-being. Recognizing that the legal industry often requires long hours and focused dedication, we implement clear work processes and regular check-ins to manage our workload efficiently. Rather than promising complete flexibility, our approach emphasizes realistic scheduling, open communication, and setting clear expectations. Under the guidance of Ms. Sarabjeet Kaur, our team is encouraged to recognize when to take a break and to support one another during busy periods. We focus on efficient scheduling and encourage team members to take necessary breaks to avoid burnout. It’s more about realistic adjustments, addressing workload issues as they arise and supporting one another through busy periods. This straightforward approach helps us stay productive and deliver quality candidates for law firms, without compromising our overall well-being.
With over a decade of experience in the energy and infrastructure sector, what initially motivated you to pursue a career in this specialized area of law, and how did you navigate the early stages of your career to develop such expertise?
In my schooling days, I was always fascinated by the idea of energy – source, creation, transmission and flow of electrons. Although I had always been a back bencher while attending physics classes, it was fear associated with a tinge of curiosity in me that triggered this fascination about the concept of energy. Having watched my father who was notably a tax practitioner working hard through thick and thins, advising clients and the very next day, appearing before various courts and tribunals. It was pure hard work and yet glamorous to me. Eventually, I developed an attraction towards law. However, I was still unaware of the fact that there can ever exist a law which regulates the energy market and that curiosity driven by passion to know something unknown ignited my inner engine to learn and develop the skill set to dive into this unorthodox field of law.
In the final year of my college, after my university examination got over, I was fortunate and overwhelmed to land an offer from Electrosteel Castings Ltd. (now Tata Steel Ltd.), one of the most reputed steel manufacturing companies. However, since my university exam results were delayed by a few months, I had to leave that offer. The hunt for landing lucrative jobs began but to no avail as I was faced with only rejections in the next few months. Many of my friends chose to work in law firms, or prepare for state judiciary but somewhere I was determined to pursue an in-house transactional lawyer. Eventually, I moved out from the ‘city of joy’ to ‘New Delhi’ and begun my career as an in-house counsel in the energy and infrastructure sector. Let me be very candid about it, energy law is more technical than legal. One of the biggest challenges which I faced in the early stages was understanding the engineering of electricity. As I was not from a science background, things became worse to ugly in no time. However, group discussions with fellow colleagues after office hours, cross-functional teams and extensive research on electrical engineering and the regulatory framework helped me to navigate these challenges.
In your career, you have a blend of expertise both as a litigation practitioner and also at the corporate side. What prompted this transition, and what differences have you observed between the two fields?
Ans: Basically, the energy market is driven by four stakeholders – power generation, transmission, distribution and trading. In the early stages of my career, I was mostly associated with the energy trading business and in a way, I felt that somewhere my opportunity to grow is being narrowed. Although, I was very keen on getting to the other side of the table, i.e. energy generation, transmission and distribution but unfortunately did not find a way through. Being a litigating lawyer, you get a handful amount of experience and knowledge dealing with diversified clients. Both litigation practice and corporate role has its own set of pros and cons, however, I personally felt that except for a few handful of law firms who actually are paymasters, the professional growth for litigating lawyers is on the lower side. Fortunately and courtesy of being a litigating lawyer, although for a brief tenure, helped me to develop skills, knowledge and gave me the exposure to pursue opportunities in power generation and distribution.
In your position at ACME Solar, you led land acquisition and EPC contracts for major renewable energy projects. What was the most challenging aspect of managing these large-scale projects, especially concerning land acquisition and regulatory frameworks in India?
In so far as land acquisition is concerned, the biggest challenge is manual keeping and maintaining of land records at the SRO and land department offices. Unless and until these land record keeping are digitalized, the entire process to acquire land cannot be expedited nor be free from errors. All these large scale renewable energy projects are being established and commissioned within a specific time frame, say 2 to 3 years, and the major chunk of time goes to land acquisition. Moreover, land acquisition is the first step followed by EPC towards building these large scale and ultra mega power projects. So, if land acquisition gets delayed, the entire project gets delayed and consequentially, triggers complexities and litigation. In so far as EPC contracts are concerned, the negotiation of these voluminous and capital intensive contracts at times gets a bit tricky as it involves a lot of money and shoulders a lot of responsibilities upon the contractor. Another major challenge is the irregularity and instability in the policy and regulatory framework, which at times poses a risk to the investors and the project stakeholders.
Your experience includes handling several regulatory disputes in electricity generation, power trading, and distribution. How do you approach resolving disputes related to tariff determination and deviations in power contracts? Do you have specific strategies you use in arbitration or court proceedings?
Basically, tariff determination is the most important (because it is the basis on which revenue will be generated) and by far the most complex process (because it has to factor-in a lot of components, permutations and combinations) involved in any project. In the energy sector, the majority of the regulatory disputes arise out of contracts. Therefore, drafting, crafting, moulding and tweaking the terms of a contract holds the key to minimize and mitigate contractual risk.
Arbitration is a specialized category of dispute which arises from a contract having a pre-defined arbitration clause. My approach is to simplify the drafting of the claims, counterclaims and pleadings and clearly carve out the case so that it becomes easier for the external counsels to argue and the arbitrator to understand the legal proposition and factum of the case. In court proceedings, it largely depends on how you craft your case.
As the DGM in Legal & Contracts at Sirius Renewable, you manage a large team. What leadership strategies have been most effective for you in overseeing cross-functional teams, particularly when dealing with complex contracts and high-value disputes in the energy sector?
My current role as DGM – Legal & Contracts at Sirius Renewable pertains to dealing with drafting and negotiation of commercial contracts, regulatory and policy advisory, handling land acquisition, due diligence, merger and acquisition in the renewable energy space. I have always been an extrovert and often engage in group discussions be it with my team or cross-functional team members which actually lays the foundation of being a good communicator, a keen observer and precise listener. My approach is always to keep things as simple as possible, be brief, clear, and specific. Appreciation and recognition acts as a catalyst to motivation. I always vouch on working as a cohesive unit and create an atmosphere where none feels that one is superior over the other.
What has been one of the most challenging cases you’ve worked on, and how did you prepare for it? Additionally, what resources do you rely on to stay updated on the rapidly evolving legal trends in the energy and infrastructure sectors?
During my stint with Global Energy, I was given an assignment to draft a petition and represent the company before various electricity regulatory commissions for establishment of intra-state over-the-counter (OTC) power exchanges. The transaction was somewhat similar to the operation of a multi-commodity exchange. The most interesting and challenging part was that there was no statute or regulatory framework, at that time, which governed these types of transactions. It was an extensive research oriented work involving analyzing reports, devising methodology to determine landed tariffs etc. along with long and extended meetings, conferences, discussions with business teams, external lawyers and internal stakeholders. Eventually and although the petitions got rejected yet it created some kind of a stir in the minds of the regulators and legislators. Subsequently, in 2020, CERC, the electricity regulatory commission at the national level issued a regulatory framework by recognizing the need of OTC power exchanges in India, and that itself was a proud moment for me and my former colleagues.
To stay myself updated, I keep on reading energy blogs, magazines, newsletters, the regulations being issued and framed by the Ministry of Power, MNRE, CERC, CEA. I do attend workshops, conferences both at national and international level to apprise myself and adapt to the market trends. In addition to that, I keep on brushing my foundations by reading books, judgments, research and obviously, engage in long-haul discussions with my senior colleagues and managers.
What advice would you give to young legal professionals interested in specializing in energy law and infrastructure? What skills and experiences should they focus on to build a successful career in this dynamic field?
The energy sector is one of the most booming sectors which is constantly evolving and delivers both professional and personal growth. The world is slowly and steadily making a transition towards a cleaner and sustainable development, and we feel (and all should feel) extremely proud to be a contributor in this energy transition mission. Embrace, Engage and Evolve.
Know yourself, know the business and always be open to new ideas, approaches, and adaptability. Staying dynamic, updated and proactive with the current market trends is crucial for the young generation looking to pursue energy law as a specialization. It enables to better serve the business and adapt to changes in the legal landscape. Avoid taking short-cuts as there is no shortcut to success.
Managing a demanding legal career can be challenging. How do you balance your professional responsibilities with personal life, and what strategies do you employ to maintain that balance?
Structuring the office work, prioritising the assignments and time management holds the key to strike a balance between professional commitments and personal life. I always tends to stick to my schedule while at my workplace and possibly stay, as much as possible, away from personal commitments. When I am at home, I ensure that I spend some real good time with parents and loved ones.
Can you share what inspired you to pursue a career in law and how you embarked on this journey?
Growing up, I always had a keen interest in understanding the intricacies of systems, whether economic, social, or legal. However, after completing my Economics Honors degree, I was still determining my next steps and decided to take the Delhi University LLB exam. The decision to sit for the Delhi University LLB exam was initially driven by practical considerations; law seemed like a vocational course with promising career prospects.
However, as I delved into my law studies, I developed a keen interest in commercial laws, particularly in the area of Intellectual Property (IP). This interest was sparked during internships at leading IP firms, where I witnessed the importance of trademarks and other IP elements in protecting business identities and innovations. My enthusiasm for law translated into academic success; I consistently ranked among the top 5% of my batch, which comprised around 800 students. My dedication led to an opportunity with Anand & Anand, a prestigious IP firm, which marked the beginning of my professional journey in law. What started as a pragmatic decision evolved into a fulfilling career focused on the intricate and impactful field of IP law.
You’ve managed high-stakes litigation for leading companies. Can you describe one of the most challenging cases you’ve handled and the key takeaways from that experience?
In my career, I’ve been involved in several trademark litigations, successfully enforcing rights related to brand names, logos, trade dresses, copyrights, and other similar IP rights. One of the most challenging cases I’m currently handling is an ongoing appeal at the Delhi High Court in a patent matter. The dispute centers around the appropriate jurisdiction for filing an appeal against a refusal order issued by the Delhi Patent Office, despite the patent application being initially filed in Mumbai. We contend that the Delhi High Court should have jurisdiction since the refusal order was passed in Delhi.
The case took a complex turn when a single judge bench at the Delhi High Court declared the appeal non-maintainable. We have now escalated the matter to a division bench, seeking a reconsideration of the jurisdictional issue. This case is particularly intriguing as it could set a precedent for similar jurisdictional disputes in IP law. The outcome will significantly impact the strategic considerations for patent litigation in India. The ongoing appeal is a testament to the complexities and nuances involved in IP litigation and underscores the importance of jurisdictional clarity in legal proceedings. [FILO EDTECH INC. Vs UNION OF INDIA LPA 375/2024]
As an expert in Intellectual Property Law, what do you consider the most critical elements when managing trademark prosecution and litigation?
In managing trademark prosecution and litigation, I find that the most critical elements revolve around preparation, strategy, and adaptability. First and foremost, comprehensive research is key. Before filing a trademark, it’s crucial to conduct thorough searches to ensure the mark is distinctive and doesn’t infringe on existing rights. This groundwork helps avoid potential conflicts and sets a solid foundation for the trademark’s protection.
Another important aspect is strategic planning. Anticipating challenges whether, during the prosecution phase or in potential litigation, allows us to develop a proactive approach. For instance, being prepared for opposition or knowing when to negotiate versus litigate can significantly influence the outcome.
Communication also plays a vital role. Clear and persuasive communication with clients, examiners, and even opposing parties can make a big difference. Whether, it’s drafting responses to office actions or presenting arguments in court, articulating our position effectively is crucial.
Lastly, I believe in staying adaptive and informed. The landscape of IP law is constantly evolving, so keeping up with the latest legal developments and industry trends is essential. This not only helps in staying ahead of the curve but also in providing the best possible advice to clients.
Overall, it’s a mix of thorough preparation, strategic thinking, clear communication, and continuous learning that I find most critical in managing trademark prosecution and litigation.
What emerging trends in corporate and intellectual property law do you believe will shape the future of legal practice, and how should legal professionals prepare for these changes?
Emerging trends in corporate and intellectual property law are increasingly shaped by advancements in technology, particularly AI. AI is revolutionizing how we draft legal documents, from contracts to IP pleadings, by streamlining the process and handling repetitive tasks more efficiently. This shift is exciting because it allows us to focus more on the strategic aspects of our work and provides clients with faster turnaround times. However, while AI can handle many routine tasks, we legal professionals must remember that the nuanced understanding and strategic insight we bring to the table can’t be replicated by machines.
To prepare for these changes, we need to embrace technology and stay updated on the latest tools and trends. Learning how to use AI effectively will enhance our productivity, but we should also focus on developing skills that complement these tools, such as critical thinking and personalized client interactions. By combining technological proficiency with our unique legal expertise, we can continue to add significant value and remain indispensable in a rapidly evolving legal landscape.
You developed an online certificate course on Copyrights for Lawctopus. How do you see the role of online education in shaping the future of legal training?
Online education is revolutionizing legal training by making valuable knowledge more accessible and affordable. Platforms like Lawctopus, where I developed a course on Copyrights, exemplify how online courses provide keen learners with the opportunity to dive deep into specialized areas of law without the constraints of traditional, lengthy, and costly degrees. For me, online courses have been a game-changer. When I wanted to expand my practice to include complex corporate law assignments such as multi-jurisdictional M&As, advisory on equity structures, cross-border transactions, and corporate restructuring, these well-crafted courses allowed me to gain the necessary expertise efficiently and economically.
The beauty of online education lies in its ability to offer flexible learning options that cater to various levels of expertise and interest. It empowers professionals to stay current with evolving legal trends and deepen their knowledge base, all from the comfort of their own homes. This democratization of education not only enhances individual careers but also contributes to a more knowledgeable and agile legal community.
Outside of your professional life, do you have any hobbies or interests that you feel contribute to your legal thinking or problem-solving skills?
Outside of my professional life, my hobbies play a significant role in enhancing my legal thinking and problem-solving skills. I’m an avid reader with a broad range of interests, including fiction, history, and philosophy. Additionally, I have a strong interest in personal development literature, which offers valuable insights into human behaviour and decision-making. This diverse reading habit sharpens my critical thinking and helps me approach legal issues from multiple perspectives, enriching my problem-solving abilities.
Travelling is another passion that complements my legal work. Exploring different cultures and engaging with people from various backgrounds provides me with unique viewpoints and approaches to problem-solving. This exposure fosters a more adaptable and open-minded approach, which is essential for tackling complex legal challenges. Both reading widely and travelling allow me to bring fresh insights and innovative solutions to my legal practice.
As someone deeply involved in the legal aspects of emerging technologies, what do you see as the most pressing IP challenges in areas like AI and cybersecurity?
In the realm of AI, one major challenge is defining and protecting intellectual property rights for innovations that are driven by machine learning algorithms. Determining ownership of AI-generated inventions or works can be complex, especially when AI systems are creating novel solutions without direct human intervention. This raises questions about patentability and copyright, and whether current IP frameworks are adequate for these advancements.
In cybersecurity, the challenge is ensuring that our intellectual property is safe from cyber threats. One notable example was when I was involved in a case where a company’s proprietary encryption algorithms were compromised during a sophisticated cyber-attack. The breach not only jeopardized their trade secrets but also raised complex questions about the effectiveness of their security measures and their legal obligations to protect their IP.
A key technical challenge here was understanding the intricacies of how the encryption was bypassed. This required working closely with cybersecurity experts to assess the vulnerability and determine how it could have been exploited. We had to delve into the specifics of the encryption technology, analyze the breach, and then figure out how to fortify the IP protection moving forward. This experience highlighted the need for a legal approach that’s deeply integrated with the technical aspects of cybersecurity. It’s not just about having legal protections in place but also understanding the technology to ensure that our IP safeguards are robust and adaptable to evolving threats.
Considering your diverse experience, if you could create a new area of IP law to address future challenges, what would it be and why?
If I could create a new area of IP law, it would focus on AI-generated innovations and Ownership Rights. As AI technology advances, it’s increasingly capable of generating new inventions, designs, and creative works autonomously. However, current IP frameworks are struggling to keep up with these developments, particularly in defining ownership and protection for AI-generated outputs.
The new area of law would address several key issues: establishing clear guidelines for determining ownership of AI-generated inventions, defining the role of human contributors versus AI systems, and creating a framework for protecting AI-created intellectual property. This would involve setting standards for patent and copyright eligibility when an AI is the primary creator and resolving disputes related to the rights of the developers versus the AI itself.
This proposed IP domain is crucial because it would ensure that as AI continues to innovate, the legal system can adequately protect and manage these advancements. It would help address the gaps in current IP laws and provide a structured approach to the future of creativity and invention in the age of AI.
You’ve witnessed the rise of digital platforms and their impact on IP. How do you envision trademark and copyright law evolving to address challenges in the digital space?
On the trademark front, online counterfeiting is a significant menace that demands more effective legal measures. In the digital landscape, where brands are prevalent across social media, online marketplaces, and app stores, companies face persistent issues with unauthorized use of their trademarks. This often involves numerous counterfeiters operating anonymously or under false identities, making it challenging to address each instance individually. Therefore, trademark law needs to implement more robust policies and practices to combat these widespread infringements efficiently. Instead of pursuing multiple litigations against individual offenders, we need a streamlined approach that can address these issues comprehensively and proactively.
As regards copyright, the digital revolution has made it incredibly easy to copy and distribute content, which complicates enforcement. I’ve dealt with cases where copyrighted materials were pirated across multiple platforms, making it a daunting task to track and address infringement. The law will need to evolve with better digital rights management tools and more effective takedown procedures. Additionally, as user-generated content becomes more widespread, we need to rethink how copyright law balances protecting original works by accommodating the way people build upon and remix existing content. This may involve developing new legal frameworks that both safeguard the rights of original creators and support the collaborative and adaptive nature of digital creativity.
As someone who’s navigated law firms, what insights can you share about the different dynamics and challenges in these environments?
Navigating law firms across different cities has given me a unique perspective on the varying dynamics and challenges in these environments. While the essence of law firms remains consistent—a client-driven focus aiming to provide top-notch services and build strong portfolios—there are notable differences influenced by local practices and court systems.
For instance, I’ve observed distinct operational nuances between law firms in cities like Delhi and Mumbai. The Delhi High Court and the Bombay High Court, for example, have different procedural practices and court cultures. Understanding these regional variations helps law firms tailor their strategies and services to better meet local demands and navigate the specific challenges of each jurisdiction. It also highlights the importance of adaptability and local expertise in providing effective legal solutions across different cities.
Can you share a bit about your background and what initially inspired you to pursue a career in law?
I spent my childhood in two wonderful, yet very diverse, cities – Hyderabad and Delhi. Moving cities and changing schools at a young age provided me with a rich tapestry of experiences and the chance to develop new interests. I discovered a passion for history and quizzing, which fostered an innate curiosity and interest in delving deep into complex issues. My involvement in debates on various geopolitical issues further fuelled this curiosity. These early interests, coupled with a desire to explore and understand intricate societal issues, naturally led me to the field of law, where I believed these interests would be best nurtured and developed.
What was your experience like at Nalsar University of Law, and how did your time there shape your legal career?
I am fortunate to call Nalsar as my alma mater, and my time there was incredibly formative and enriching. At Nalsar, I had the privilege of working as a research assistant for Professor Amita Dhanda at the Centre for Disability Studies. Professor Dhanda’s courses (specifically, Law and Poverty) were not only expertly taught but were also personally impactful. These courses instilled in me a strong sense of academic rigour and discipline; qualities that continue to serve me well in my legal career.
In addition to the academic exposure, my internships with top corporate law firms such as Khaitan & Co and S&R Associates were pivotal experiences. Although the duration of these internships was short, they were invaluable for learning and absorbing practical skills. These stints provided me with the opportunity to engage in a professional environment, understand the workings of high-pressure legal practice, and build essential interpersonal skills. These experiences collectively laid a robust foundation for my career, blending academic excellence with practical insights.
How did your LL.M. at The University of Chicago Law School influence your perspective on law?
The LL.M. program at the University of Chicago Law School was an experience of a lifetime. UChicago attracts the very best of faculty and students, creating an environment rich in intellectual diversity and extraordinary talent. Studying from leading practitioners in diverse areas of law (including Antitrust Law, Constitution Law and several practice-oriented courses) meant that the experience was rigorous, yet immensely intellectually satisfying.
The Law School also promotes multidisciplinary education in the truest sense, and I had the opportunity to cross-register for courses with other departments outside the Law School. I pursued my passion for History with the South Asian Languages & Civilizations Department, and took Professor Martha Nussbaum’s course on “Opera as Idea & Philosophy”. It was fascinating to learn from, and submit a paper for evaluation to a person whose work was an integral part of the courses I had studied in Nalsar.
These diverse academic pursuits, combined with the rigorous legal training at UChicago, significantly broadened my perspective and equipped me with a well-rounded approach to addressing legal challenges.
You recently completed the Tata-Blue Mint Leadership Program. How has this program impacted your role at Tata Digital?
The Blue Mint Leadership Program, which I completed a few months ago, was a transformative six-month experience. Selected for the program, I had the privilege of attending classes taught by esteemed faculty from the London Business School. As the sole lawyer in the program, I gained invaluable insights on understanding business through modules such as digital transformation, sustainability, inclusion and finance for non-finance professionals. This was broadened by business acumen and underscored the importance of cross-functional collaboration; a key takeaway being that working in diverse, multidisciplinary teams can drive greater impact within organisations.
The exposure provided by the Blue Mint Program has significantly contributed to my professional growth and leadership development. These enhanced capabilities have been a tremendous value-add at this stage of my career, enabling me to contribute more effectively to my organisation’s strategic initiatives and cross-functional projects.
Your career spans prestigious positions from Khaitan & Co to IndiGo Airlines, and now Tata Digital. Can you walk us through some of the pivotal moments that defined your career path?
I am acutely aware of the need to constantly further one’s learning (especially in our profession), and have worked towards this to pursue my career goals. Among the pivotal moments that have defined my career path, there are three that I would say were pivotal moments for me:
First, choosing to work with the competition law team at Khaitan & Co, gave me exposure to complex transactions under the mentorship of an excellent team leader. At the time, competition law was a nascent practice area in India, which made it that much more exciting to be so deeply involved in the creation of precedent. My penchant for research helped in this practice area, given the need to look for precedent from jurisdictions that have been around much longer.
Second, pursuing the rigorous LL.M program at the prestigious University of Chicago Law School (on partial scholarship) after working with a law firm for 5 years, fundamentally changed my outlook and reinforced my dedication to intellectual growth.
Third, on a personal note, the decision to move cities, start a new role, and welcome the birth of my daughter – all within a single week during January 2022 – taught me invaluable lessons in resilience and maintaining a positive outlook amidst rapid change.
These pivotal moments collectively define my career path and continue to drive my professional and personal development.
What advice would you give to fresh law graduates who are just starting their careers in the legal field?
As Roger Federer has said in his recent commencement address at Dartmouth – resilience, grit (over talent), and learning from failure are pivotal. Words of wisdom which, in my opinion, hold true not just for fresh law graduates, but for all of us!
Can you share with us the story of how you embarked on your journey in the field of law? What inspired you to pursue a career in this challenging yet rewarding profession?
It was a mere coincidence. I was waiting to join medical college and since my rank was a little high my parents were looking at various options, In the interim my mother insisted that I should expand my General knowledge and write some competitive exams. She was always interested in Law and when she read in the Newspaper that the State of Andhra Pradesh (then a combined state) has a National Law University akin to NLS Bangalore, she decided that I should write the entrance and once I wrote the entrance and was qualified, she wanted me to join NALSAR. 10 days into law school, I knew that I belonged there.
Transitioning from being an independent practitioner to partnering with esteemed law firms like Saraf and Partners must have been significant. What motivated you to make these transitions, and what unique opportunities did they offer?
There is a huge difference between being an independent Lawyer to being a Partner in Law firm or being part of a Law firm. I handled work for some Law firms while I was an independent practitioner and I enjoyed the quality and Variety of work that Law firms offered. Hence when I was offered a position in a Law firm, I decided to accept it. Getting an opportunity to work with Foreign Law firms and assisting them with their local disputes is something I enjoy and believe that only a Law firm can offer. The reason is that Foreign Law firms are comfortable engaging a reputed law firm instead of an individual lawyer as it assures them not only of quality of work but the immediate response and confidence of a team being involved instead of an individual.
As an Advocate-on-Record, you’ve represented clients before various legal forums. Could you share insights into how your approach differs when dealing with different types of cases, be it criminal, corporate, or others?
Connecting evidence to build a case and convincing the court to discard the evidence that falsifies your case is crucial in any Criminal matter. I feel what is required is thorough knowledge of facts and procedure and connecting the same with relevant case law wherever required. Sometimes I rely on the peculiarity/uniqueness of the case in the absence of case law to score an order.
Even in a civil dispute, I believe that a strong hold on facts is necessary as it will help you in taking varied steps without having any negative impact on main issue. Problem-solving and immediate relief are two aspects that the party intends to achieve when it is faced with litigation. I look at the problem holistically and adopt a foolproof approach, acknowledge the loopholes in our case and highlight the strength of our case to achieve better results.
In commercial disputes, my focus is mainly on obtaining immediate relief which gives the party an upper hand over the opponent which finally weighs during the final hearing or settlement.
Being appointed as Amicus Curiae by the Supreme Court for complicated criminal matters is quite an honor. Can you share an experience from one such case where your intervention made a significant impact?
The matters that I represented as Amicus curiae were of convicts facing life imprisonment. I cannot claim to have made a significant impact but it definitely gave me an opportunity to assist the court and bring before the court the facts and evidence which were not appreciated by lower courts.
Outside of your legal career, what are some personal hobbies or interests that you find enriching, and how do they complement your professional life?
I always enjoyed meeting new people, making new friends. I am a very outgoing person. Knowing more people and more life stories helps you in becoming a better person. Understanding others point of view brings a different perspective and I feel that guides me in professional life. When I work with a lawyer or against lawyer, I am able to appreciate some of their unique traits as lawyer which enhances their professional self and I am able to absorb the said qualities to the extent it suits me. I feel that it is because of my personal interest of knowing people that I am able to appreciate them.
Reflecting on your journey thus far, what advice would you give to aspiring lawyers looking to build a successful career in the legal field, especially in today’s dynamic and competitive landscape?
Hard work has always been the key to any success story. And updating oneself with all new developments would help in going long way. With emergence of AI, youngsters should brace themselves with appropriate skills to tackle the competition and stand out.
Recognizing your potential, top law firms have partnered with you. What qualities do you believe set you apart as a legal professional and make you a sought-after partner for these firms?
Giving 100% to work, being absolutely dedicated to organisation that I work for, having an intention to uphold the pride of organisation and doing good business to my potential may be the factors. I have been lucky to be associated with such great firms and people.
Having practiced both as an Advocate-On-Record and as a Partner in prominent law firms, how would you describe the differences in the nature of work and professional dynamics between these two roles?
One major difference is that you understand and act towards the desired results of the client better in a law firm setup. As an independent lawyer, you sometimes may tend to prevail over the client and limit his/her expectations as the same may seem to be beyond the purview of the case but sometimes when you listen to the client there are situations when better reliefs are obtained or at least doors have opened to better reliefs
In your extensive career, you’ve encountered a myriad of legal scenarios. Could you share a particularly unconventional or unexpected challenge you faced in a case and how you navigated through it, showcasing your adaptability and creative problem-solving skills?
I will use the latest example where we filed a review petition against the order in Writ Petition. The client had consulted renowned senior advocates at Hyderabad but could not come up with definitive plan and was confused about the way forward. The Opponents who are the third parties to the specific performance suit filed by the client obtained an order by filing a writ petition for registration of suit property in their favour. This was done by misleading the court that there is no injunction order in favour of my client. When the client approached us the issue was three fold
1. What would be the effect of reversing the order in the writ petition
2. Once the sale is complete can it be reversed by order in review.
3. What would be the right approach since a declaration suit filed by the opponent and a suit for cancellation of the sale deed filed by us are pending before other courts.
We have strategized the case and while taking steps simultaneously before different forums to avoid any further damage to the case, we were able to navigate towards success. Today my client has a favourable order for the cancellation of the sale deed of the opponent.
Can you share what initially drew you to pursue a career in law, especially considering your diverse educational background that includes both commerce and cyber laws, as well as the influence of your family of lawyers, including your father who practiced law in courts and your brother who is a corporate litigating partner with a law firm?
I chose to pursue a career in law for several reasons. Firstly, my diverse educational background prepared me to handle complex and diverse situations. It also prepared me for a wide variety of challenges given my exposure to various areas, from financial to business environment and to technology. Particularly my exposure to cyber laws helped me understand the intersection of technology, business, and regulations in a fast-paced environment.
My family’s deep roots within the legal profession were a stepping-stone for me to grow in the sphere with dedication and diligence, which was inspired by my father and brother’s commitment and success story. In essence, my journey into law reflects a blend of personal passion, academic rigor, and the enduring legacy of my family’s commitment to the legal profession.
Your journey seems to have transitioned from commerce to law. How did your experience at Delhi College of Arts and Commerce influence your decision to delve into the legal field and what further solidified your interest in pursuing a degree in law?
I had secured admission at the Delhi College of Arts and Commerce (DCAC) in the commerce program through sports quota as a cricketer. Balancing academic pursuits with rigorous cricket practice taught me valuable lessons in discipline, time management, and perseverance, skills that later proved invaluable in my legal studies and career.
During this time, my father’s guidance was particularly influential. He recognized my potential and encouraged me to pursue a Bachelor of Law degree, understanding that while I may not have been inclined towards courtroom practice, my aptitude for analysis, problem-solving, and attention to details made me well-suited for a role as an in-house lawyer within a company.
A pivotal moment that solidified my interest in pursuing a law degree was my interactions at the evening law college. The unique setting provided an opportunity for students, many of whom were already working in various government and private sectors, to pursue their LLB degrees while juggling professional responsibilities. It was through these shared experiences and collective efforts to overcome challenges that I gained a deeper appreciation for the power of legal expertise in driving positive change.
Moving forward to your experience at National Academy of Legal Studies and Research (NALSAR) University Hyderabad, could you elaborate on how your PG diploma in Cyber Laws has complemented your overall legal expertise?
My experience at National Academy of Legal Studies and Research (NALSAR) University Hyderabad, where I pursued a PG diploma in Cyber Laws, has been invaluable for upgrading and upskilling myself, particularly in the context of emerging legal challenges in the digital age.
This specialized program has significantly enhanced my overall legal expertise, particularly in the field of cyber law, which is increasingly relevant for all in-house lawyers. The PG diploma curriculum provided me with a comprehensive understanding of the legal complexities surrounding cyberspace, including data privacy, intellectual property rights and cybercrime. It has prepared me to contribute effectively as an in-house lawyer, ensuring that my organization remains compliant with cyber laws, protects sensitive information, and mitigates risks associated with digital operations.
As the General Counsel for Evalueserve, your focus is on technology law, data privacy, cybersecurity, and intellectual property rights. What inspired you to specialize in these areas?
My focus on technology law, data privacy, cybersecurity, and intellectual property rights as the General Counsel for our organization is driven by the industry’s unique demands and my passion for leveraging legal expertise in a rapidly evolving digital landscape.
· Industry Focus: Our work involves managing data, technology platforms, and digital assets, requiring a deep understanding of legal regulations and risks in these areas.
· Regulatory Landscape: Laws governing technology and data are constantly changing, so I stay updated to ensure compliance and mitigate risks.
· Strategic Importance: Our organization’s value depends on technology, data, and intellectual property, so I provide strategic legal guidance to protect our assets and interests.
· Ethical Considerations: I advocate for ethical data practices and responsible innovation to uphold privacy rights and promote trust in our industry.
· Personal Interest: I am genuinely interested in the intersection of law and technology, and I am driven by the opportunity to apply legal principles to solve complex challenges.
Your profile mentions your passion for enhancing legal efficiencies through automation and innovation. Could you share an example of a particularly impactful automation project you have implemented?
Recognizing the manual and time-intensive nature of our day-to-day work, I led several initiatives to evaluate, select, and implement a robust automation solution tailored to our business needs, including contract management software. This involved collaborating closely with cross-functional teams including IT, various corporate functions and stakeholders across business units and CXOs. The complex organization structure and global footprint of my company required end-to-end business process management to define requirements, assess available options, and customize the software to align with our workflows and business objectives.
I had recently implemented the contract management system at Evalueserve, aimed at streamlining the contract lifecycle process and enhancing efficiencies across the organization, with several impactful outcomes:
· Centralized Repository: The system provided a centralized repository for storing all contracts, enabling easy access, retrieval, and tracking of contract data across the organization. This eliminated the need for cumbersome manual filing systems and reduced the risk of misplaced or lost contracts.
· Automated Workflows: We configured the system to automate key contract management workflows, such as contract creation, review, approval, and renewal. By automating routine tasks and standardizing processes, we significantly accelerated the contract lifecycle, reducing turnaround times and improving overall productivity.
· Enhanced Compliance: The system included built-in compliance features, such as contract templates with predefined clauses and compliance checklists.
· Reporting and Analytics: The system offered robust reporting and analytics capabilities, allowing us to gain insights into contract performance, identify trends, and track key metrics such as contract volumes, expiration dates, and renewal rates. This data-driven approach enabled us to make informed decisions and optimize contract management strategies.
Being recognized by Forbes Legal Powerlist as one of the top General Counsels in India reflects your commitment to excellence and innovation. What strategies do you employ to stay at the forefront of legal innovation in such a dynamic field?
Staying ahead in legal innovation means learning continuously, building partnerships, adopting new technologies, collaborating across teams, and staying flexible.
· Continuous Learning: to stay updated on legal changes and trends through conferences, seminars, and ongoing education.
· Strategic Partnerships: working closely with legal tech providers and experts to find innovative solutions.
· Cross-Functional Collaboration: engage closely with leaders from different functions to share knowledge and build innovation pipelines.
· Agile Mindset: stay flexible and adapt quickly to changing needs and market dynamics.
By using these strategies, I steer the legal & compliance function to lead our organization by adding value to the company and staying ahead in a dynamic legal landscape.
Finally, drawing from your extensive experience, what advice would you give to fresh law graduates stepping into the legal profession, particularly in the realm of technology and compliance?
For new law graduates stepping into technology and compliance law-
· Build Strong Foundation: Learn core legal principles and get practical experience through internships.
· Keep Learning: Stay updated on legal trends and tech advancements through seminars and webinars.
· Tech-Savvy: Learn legal tech tools like contract management systems to streamline processes.
· Stay Ethical: Follow ethical standards, especially in areas like data privacy and cybersecurity.
· Network: Build connections in the legal community for mentorship and career opportunities.
By following these tips, you can prepare for success and contribute to the evolving fields of technology and compliance.
Can you tell us about your journey into the field of law, particularly what motivated you to pursue an LL.M. in Corporate Law & Governance after your B.S.L., LL.B. degree?
As far back as I can remember, law as a profession had always piqued my interest. My mind was set on law and ILS Law College, Pune was ranked No. 1 in a popular survey around the time I finished 12th standard. There I was in Pune. I loved that city from the moment I reached the Pune railway station. I had learnt Hindi in school, but it was bookish and my friends thought I was showing off speaking like a poet. The illusion was dispelled quickly when they realised bookish or not, my Hindi was below average. If my Hindi teacher (Late Ms Usha Rajagopalan) had known, she would have quit teaching twice over – once for people thinking I spoke chaste Hindi and once for making it known to the world that all her efforts on me were rather wasted. But there I learnt law, bits and pieces of Hindi and Marathi. I am very fond of my professors from Pune; they were all great mentors. Dr. Jaya Sagade and Ms. Smita Sabne hold a special place in my heart. I also have some of my most cherished memories with friends in Pune.
I decided to complete my post-graduation before entering into the profession. I wasn’t sure I would be able to take a break for further education once I started working. I was naturally inclined towards taxation and corporate law, perhaps due to my commerce background in school. I got into NALSAR University of Law. There I met some great professors and made great friends. I was also happy about extended college life.
How did your educational background, including your diploma in National Security and International Relations, influence your approach to practicing law, especially in the areas of corporate governance and international investment law?
Pune is a city of world-class colleges and educational institutes. I joined as many courses as I could. I was and am fond of politics, international relations and national security. The IR course taught me to see the big picture of domestic policies and regulations. India’s economy and its growth is inextricably linked with a whole set of factors and even a minor difference in the mix would have far reaching ramifications. IR opened my eyes to the consequences and effects (primary, second order and tertiary) of each policy and regulation within the country, their interplay with India’s foreign relations.
Investment law was part of my LL.M. instructed by Professor V. Balakista Reddy. After class, I used to assist him in several of his assignments which gave deeper insights on the subject and the influence it holds over the domestic affairs of India.
Even as we as a nation are growing from strength to strength, I find myself going back to the lessons learnt from these courses. I draw upon these to contribute to the general legal discourse in the country in my own small way. And in my own practice, it helps me ruminate over the wider aspects of any given case.
From my own experience, I would advise every student of law to actively seek and acquire knowledge from diverse disciplines and not restrict oneself to law books alone.
As the managing partner of SA Law, you handle a wide range of legal matters. Could you share with us some memorable cases or experiences that have shaped your perspective on the legal profession?
I have been fortunate to work in a range of cases across several forums and cities. Rather than go into specific instances I will share what I have learnt or what has been reinforced in me.
I have and will always consider myself a student of law. Not just my experiences in managing a Firm, but my experiences even as a junior advocate in the profession have influenced my thoughts and approach to my practice.
I always bear in mind the wisdom imparted by several seniors over the years – be ethical, one’s reputation is more valuable than the money one makes in a matter or a lifetime, be humble and honest with the court, do not hide facts which may be against you and always read and review your own work. These are the broad principles which have guided me. Each day, I realise more and more the importance and truth in these pearls of wisdom.
Be thorough with the facts; prepare to present the matter as if the judges do not know anything and at the same time as if they know everything, that way one will eliminate the room for lacunae in preparation; cross-check every work product prepared by one’s team and also have one’s own work product carefully reviewed; these are the other thoughts which influence my approach to work.
You’ve been involved in advising tech-based businesses and startups on legal and regulatory aspects. What unique challenges do these clients face in terms of technology laws, and how do you navigate them?
In India, we suffer from too much regulation in certain areas and too little regulation in certain others. We are evolving as a nation in this regard. Both the legislature and the judiciary are wise to the regulatory quagmire. There are some promising steps being taken. Technology as an interface will also mitigate several of the challenges faced by both clients and lawyers.
Some clients have to find a way in the labyrinth of regulations and stay on the right-side of law without the burden of compliance sounding the death knell to the business. Some clients have to be told that what is not regulated does not mean that it is prohibited. Especially, newer kinds of business find themselves without any regulatory guidance and often these companies liaison with the regulators to bring about a law to govern their industry. Fintech is a classic example of industry-led regulation. It also has the danger of bias when business lead the way of regulations. But India has done well in that department overall. Of course, one can always improve.
Tech based companies making a foray and disrupting the finance, education or medicine industries find themselves facing unique business as well as legal challenges. Some of these issues were deliberated upon by experts from various fields in the Vichaar 2024 Conclave organised by our Firm. Right from designing the contracts that govern the relationship of the clients inter se, with their vendors and users, to the regulatory obligations under the law, new-age companies present issues which may not have any precedence and defy the template-model of transaction and conveyance practice. Without understanding the business there is no way one can find the thin line between legal and illegal business operations. The first step for any technology lawyer is to first understand the technology and the business. Then one must revisit the principles of law. I always find it useful to re-read the provisions of law and their interpretation before providing any advice. I feel this is especially important for start-ups as any misstep may cost dearly to not only the clients and their investors, but may also adversely impact the technical solutions piloted by such start-ups. And never cut corners.
Cyber law is not a new expression in India’s legal system. But as technology evolves, tech-law also has to keep pace. We are all waiting for life to be breathed into the Data Protection Act. Fast evolving technology like AI is full of possibilities, opportunities and at the same time massively disruptive capabilities. AI would be a game changer in national security, personal privacy and the job market in general. This presents a huge challenge to everyone with stakes in the law and policy field to anticipate, prepare and adapt for the changes while safeguarding the core constitutional promises to citizens.
Your experience includes handling pro bono cases for individuals with meagre incomes and working with NGOs like SEWA Bharat. How has this aspect of your work impacted your overall legal career?
Every case is satisfying in its own way, be it contesting the unsustainable tax demand, bringing defaulting corporate debtors to books, dealing with breach of service law, championing the cause of unjustly terminated labour in getting justice, or representing the parties involved in the criminal justice system.
By nature, I have never been particular about money – not a great quality when you are managing your own practice, but that is what it is. So when I help someone in need, I do not feel altruist or special about it. It is what I am and what I do. But these cases also humble me, and they make me realize more and more the nobility of the profession.
At the same time I would add this: ask any senior in any court and they will tell us to work harder on pro bono cases or cases where we are advocating the cause of some social organisation. These are cases which can shatter the delicate reputation that any lawyer has to build with great diligence and time. I take these words of caution with utmost seriousness.
Could you discuss your role as a senior associate at Lakshmikumaran & Sridharan, particularly your involvement in indirect tax matters and your appearances before various authorities and courts?
I had one of the most enriching experiences of my life at LKS. It was a great learning experience. A large firm like that gives one the opportunity to work with seasoned and consummate professionals at the top of the game. One learns from individuals with great differences in style and approach. Where one senior demands perfection in the draft another would require extensive research even on issues tangential to the matter, just to be thorough and to leave nothing unprepared. I also had the opportunity to work from some of best Senior Advocates involved in indirect tax cases, from Mr. Harsih Salve, Mr. P. Chidambara, Mr. Arvind P. Datar, Mr. Santosh Bagaria, Mr. N. Venkataraman to Mr. V. Sridharan.
I worked closely with Mr. V. Lakshmikumaran during the time the Supreme Court constituted a special tax bench to speedily dispose of long-pending tax cases, including assisting him before the 9-judge bench Entry Tax matter. That was my first constitution bench matter. Thanks to him, I honed my ability to quickly navigate any brief, anticipate the questions and prepare for the same. Under him, I learnt the importance of preparing to explain the most basic points of a subject and at the same also to present the most nuanced and sophisticated points of the same subject. During the time the special tax bench was there, I was fortunate to have worked on more than 200 final hearing cases, which is a very rare opportunity for anyone in the profession. I must say this – the pace of Justice A.K. Sikri and Justice R.F. Nariman on the tax bench kept all of us on our toes and the entire team working on Supreme Court matters would have worked for close to 16 hours a day!
Apart from appearing in the Supreme Court, I have handled cases before the Delhi High Court, CESTAT and at Commissionerate level. In all these, I have been the beneficiary of guidance and friendship of several lawyers of the firm. In no particular order, I am grateful for the time and guidance of Mr. B.L. Narasimhan, Mr. Amit Jain, Mr. Hemant Bajaj, Mr. MP Devnath and Ms. Jenny Verghese. Some of my former colleagues are today friends beyond and outside the profession.
You’ve been actively engaged in conducting seminars and talks on legal issues for law students and professionals. What inspired you to take on this educational role, and what do you hope participants gain from these sessions?
While in college, I read somewhere that the best way to learn a subject is to teach it. I started making presentations purely to learn topics, but I soon realised that I enjoyed the process of learning, sharing what I learnt and learning more in that process. I have since carried on with conducting such sessions with students. It is a way for me to learn more and to also give back to my profession.
I also feel that due to the nature of the profession and the enormous syllabus which needs to be covered in college, nuances and practical aspects cannot be taught solely by the law institutions. Seminars and conferences which bring practical experience to the classroom serve to fill the gap of what can be taught in a traditional environment and what is expected/ required in the market. So our endeavour at the Firm is to bring the niceties of legal practice across to the students and aspiring young professionals.
Lastly, based on your journey from law school to becoming a managing partner and advocate-on-record, what advice would you give to fresh graduates aspiring to enter the legal profession, especially in the areas of corporate law and governance?
Legal profession is a rewarding and at the same time a highly demanding profession. The foremost demand placed by the profession is on the health of the individual, both physical and mental. Focusing on maintaining good health and creating a daily routine around which to organise every aspect of your life comes first. There are time-tested and well-respected qualities expected from any lawyer and law student – commitment, professional knowledge, professional competence, hard work, attention to detail and being well-informed about the developments in the society. By professional competence I don’t mean only written and oral communication skills, but I include adherence to ethical standards and providing honest advice to clients, even if such advice is unpalatable to the client. These are necessary but not sufficient conditions for success in the profession. Consistency, professional and personal integrity, steadfast adherence to professional ethics and building a good network are factors which make or break a career. To add a few words about personal integrity – a lawyer is somewhere between the society at large and the centres of power (though often the roles overlap) and hence, must bear the extra weight of responsibility to the society more so than most other professions and at all times conduct themselves as an ambassador of the profession.
Speaking specifically about corporate law – keeping pace with business and economic development, learning about the evolving business trends, training to put oneself in the shoes of an entrepreneur – these are the qualities one must develop.
I have saved the best for the last. Patience and unwavering self-confidence. These are, of course, empty shells if one doesn’t check all the boxes above.
Could you please share your journey and the pivotal moments that led you to pursue a career in law, particularly in the field of entertainment and media law?
As a teenager, I possessed a skill of questioning and having healthy negotiations at home and with teachers in school towards studies and life. Parents always wanted me to become a doctor or an engineer, however due to my low maths score I couldn’t qualify in either of the fields. Whilst growing up there were property related issues in the family, thus at a very young age I had started reading the legal notices and their responses. The legal language mentioned in such notices was very intriguing for me and as such I was always curious to know the nitty-gritties involved in various types of laws which governed our country. Consequently, before I could complete my 10th grade she had decided to become a lawyer. Also, law does not require any maths or complex chemical calculations. Throughout my school life always had a good command over spoken and written English language and could memorise vast portions of her school syllabus along with general knowledge gained by reading newspapers, these basic skills were enough to have a zeal to become a lawyer and to get into a good law school.
Thus, after completing school in 1999, I got into commerce stream and completed my basic graduation from Mumbai wherein she got to learn about business management and economics. Post that in 2004 I got admission into the 3 year Law Course from Jitendra Chauhan College of Law, Mumbai. In those 3 years I was also interning at a reputed law firm wherein I obtained hands-on experience of drafting the legal language, visiting the High Court of Bombay, meeting counsels, reviewing the agreements, drafting legal notices. Over the period of 3 years my teenage dream of drafting and executing legal documents unfolded and by the end of the internship and law college in 2007 Persis was ready to take on the legal fraternity with her skills of drafting, negotiating and executing legal documents.
On a personal front, during my childhood, my parents used to take me to watch Hindi films in the theatres at Mumbai and thus as a child I always had this thought that someday my name should appear on that big theatre screen in the capacity of a lawyer. Unknown to how life after 2007 would open avenues for me in the media and entertainment sector.
Thus in 2007 after completion of B.com and LLB graduation, I was very aggressive in search of a legal job in the market. As destiny would have it, I secured a job as a Legal Executive in Adlabs Films, Filmcity Mumbai in October 2007. In her tenure of 3 years there, she got hands-on experience in drafting, negotiating and executing all the Film production, distribution agreements. Not only I worked in the legal side of the company but was also fortunate enough to learn the technical side of converting the final film footage into a digital cinema print and distributing the same worldwide. In this tenure I also got a chance of reviewing and negotiating the business conducting agreements wherein the single screen and multiplex cinema chains owners were giving their old cinemas to be refurbished and run under the brand name of Big Cinemas in India. On the other hand, the benefit of working in the entertainment sector was that I got a chance to see and meet many film actors and was also invited to a lot of film screenings and parties. Overall during the entire tenure I had a holistic approach of how the Film fraternity functions and gained the legal and commercial knowledge of each and every aspect involved in the Filmmaking business in India.
Thus by the year 2010 I was sure that I would pursue a career in my lifetime in the Media and Entertainment industry as it was very challenging and vulnerable. Being very hard working and a person who is open to learning new things happening in the industry along with multitasking and managing numerous verticals in the company made me an all-rounder in the media and entertainment industry. All this was possible due to the support of my seniors and friends which I had made whilst working in Adlabs Films.
Given your diverse educational background, how have your experiences at Southwestern Law School, NALSAR University and Mumbai University contributed to shaping your legal career, especially in the entertainment sector?
I graduated in Law from Mumbai in the year 2007 wherein my major subject was Intellectual Property. At that time I thought that field was much more exciting and challenging to be a part of. Back then, the Entertainment and Media Industry in India was not as structured as it is today and people worked with each other based on the relations amongst them. However, it was later that this industry evolved with the agreements and contracts and commercial deal structures. Hence there was a need to further study the market and the laws in depth to cater to this industry. Hence, I later went to pursue her Post Graduate Diploma from Nalsar University, Hyderabad.
In this PGD Course I got a chance to study the laws governing the content which is circulated through cable and radio in India along with the advertisement codes applicable on brands. This was an in-depth study of the laws and real life examples prevailing in the media and entertainment industry. Thus, I completed the course in 2011.
However, post that when I was working for another media company in Mumbai which was dealing with Hollywood studios in Los Angeles, I realized the importance of learning the nuances of the legal framework prevailing in the US entertainment and media industry. Whilst working, I also wanted to learn about the various commercial aspects which are required in structuring the deals internationally.
Thus in the year 2012 I came across a law school named Southwestern Law School, Los Angeles which was providing a masters level 24 credits program in filmmaking, copyright law and commercial deal structuring in the media and entertainment sector. This was an 18 months course for international students who qualify to become a part of this course after passing the TOEFL exam and seeking the requisite score. After a long struggle of another year, I got myself enrolled into the course which commenced on/from January 2014 and graduated in May 2015.
During this course I have learnt and mastered the art and skill of drafting and executing agreements prevailing in the international media and entertainment market along with US Copyright Law. In this course I have learnt the nuisances of the Content Curating Industry. It was during this course that I learned to raise red flags in the script, train the production team and conduct due diligence of the underlying works of any original content and draft commercial agreements towards exploitation of each and every right which are embedded in the content.
Hence, by 2015 I had my qualifications and skills and abilities to take on the legal and commercial work in the media and entertainment industry in Mumbai. In the year 2016 India was also shaping up to acquire a lot of content to make films and/or web-series based on books, remake films into Hindi languages, commercially exploit and earn revenues through sale of theatrical and non-theatrical rights of the Film in India and worldwide. I had not only acquired all the knowledge through my education but also had hands-on experience by working as an In House lawyer for many companies, more particularly studios which were primarily into film making and distribution.
You’ve held key legal positions at prominent entertainment companies such as Eros International, Reliance Big Entertainment, and Phantom Films. Could you highlight some of the unique challenges you faced in negotiating and executing agreements in the dynamic world of film production, distribution, and intellectual property rights?
As an In House Counsel working for the Media & Entertainment Studios it is mandatory to firstly acquire all the intellectual property in the form of copyright embedded in the literary, musical, sound recordings and dance works from the original author of the work. The structuring of the deals are done in such a way that each and every person working on the content is engaged by the producer on work made for hire basis and in lieu thereof the producers have to pay off the monies to these cast and crew people.
On an average we as lawyers have to draft, review and execute more than 100 agreements and contracts on one film or web-series. Most of the crew i.e. the below the line agreements consisting of secondary cast, production artists are templatised and are on automated mode, thus executing them is always a fast track process. On the other hand writer, director and actor agreements are extremely critical to draft and execute as there are numerous clauses to be drafted in the same. The clause needs to ensure that all the intellectual property in terms of copyright and trademark are firstly acquired by the producer and then safeguarded in a diligent manner. Whilst drafting these agreements we as the lawyers representing the producer ensure that the intellectual property existing not only now but in future is also acquired for exploitation. These agreements are more than 15 pages which capture clauses like name, recitals, obligations, consideration, credits, termination, consequences of termination, representation and warranties, indemnity, miscellaneous etc. along with the annexures.
The unique challenges to close these agreements are to get all the lawyers representing the respective talents on the same page and align with the business understandings of the project. Most of the clauses are not acceptable by the producers as the demands from the talents are much more which are beyond the given approved budgets. Hence we either get on con-calls or sit across the table with the lawyers of the actors, writers, directors and musicians to arrive at a consensus wherein all the parties can amicably agree with each other and get the clauses drafted accordingly. Once all the parties have given their approval on all the clauses then the final approved version of the document is circulated amongst all the parties for confirmation and then proceeded towards execution thereof.
The other challenge is that a lot of time goes in negotiating these clauses and commercial understanding of the deal with the lawyers of these talents. We have spent at times more than 10 human hours in a single day negotiating these agreements and turning it around for execution within the next 36 hours. These are the times when our skills and abilities to deliver our work along with people handling skills are being put to test. At no point in time can we afford to lose our patience or get aggressive with the opposite party lawyers as media and entertainment is a very close knit industry and we have to work with such people time and again.
As a Partner at JP Legal Corp, you’re deeply involved in content production agreements and project viability assessments. How do you navigate the delicate balance between creative freedom and legal constraints in the entertainment industry?
JP Legal is best known for providing its clients end-to end services i.e. from Script to Screen.
JP Legal provides personalised services to its clientele wherein its involved in the processes of content making right from the time the literary works for such content is being developed by the writer which is engaged by the Producer.
Once the first draft of the script is being developed JP Legal reads the same and points out the red flags i.e. if there are any names of real persons mentioned in the script, branded products are showcased in the story line, any third party copyrighted materials (i.e. paintings, news footages, photos, music) are used in the script. This is done to ensure that none of the third-party copyrights are infringed in the script. Further in the event any footage, paintings, music is forming a part of the story line, then JP Legal initiates the License Agreements with the copyright owner and producer of the content and legally acquires the license to showcase such third-party material in the content.
Once the final draft of the script along with the above necessary changes suggested by JP Legal is locked by the Producer, then JP Legal trains the production team about the Dos and Don’ts to be followed whilst actual filming of the content to avoid any third-party copyright infringement issues.
In the meantime, whilst the script is getting locked and pre-production period of the content is under process, JP Legal drafts, reviews and executes all the Above the Line Agreements (i.e. Agreements for the Writers, Actors, Director, Head of Departments) and Below the Line Agreements (i.e. remaining crew) and hands it over to the production house. Under these agreements the obligations, representations and warranties of each cast and crew is detailed in depth and all the intellectual property is acquired by the Producer from them in universal perpetuity in lieu of the agreed consideration.
Since Producer can be the assignor of the exploitation rights of the Content, JP Legal also drafts, reviews and executes agreements for Theatrical Distribution Rights of the Film, Non-Theatrical Distribution Rights Agreements like Satellite Rights, OTT Rights, Music Rights etc. with third parties. All these agreements ensure that the content is commercially exploited on every available window worldwide.
The new area of focus and revenue generating window for any content produced is the over-the-top platform. In the year 2020 when the world was hit due to the Covid19 Pandemic OTT’s role became more significant in India as the audience had no other source of entertainment sitting at home.
The top 3 OTT Players are Prime Video, Disney Hotstar and Netflix, other Indian OTT players are Zee5, SonyLiv, Voot, JioTV, Alt Balaji and many others. On an average these OTT platforms require a new show every fortnight of the month in order to cater to the audience of every genre quenching their viewing thirst and keeping them engaged and holding on to the respective content available on the OTT platform.
Most of the OTT players prefer to have content which is based either on the books, real life stories, old TV shows etc. So, the OTT platforms acquire the requisite rights for developing these web-shows from the book publishers, real persons on whom the show is being made or from the satellite companies with whom the old TV show rights are acquired accordingly. If the OTT platforms have any slightest doubt about any underlying rights not being cleared then they will not showcase such content.
Most of the clientele of JP Legal are now inclined towards making content for the OTT platforms, hence at each stage JP Legal is involved with their clients to produce the content as required by the OTT Platforms in accordance with their rules and regulations. In order to be a support system to the clients towards production of the content for OTT Platforms, JP Legal has to from time to time be abreast with the applicable laws of the land and the current market scenario as we not only are a legal function but extend our support to commercial aspects of the content to ensure that the producer earns maximum revenues from the production of such content.
In the Indian content creation industry, a writer is usually considered the most important person to create intellectual property in literary works. Thus, when an audio-visual content piece is developed, JP Legal ensures that a writer’s agreement (s) is elaborately drafted and executed to ensure that the writer has written the original script for the audio-visual content. But, of course, unless the script/story is an adaptation from a book or is a derivative work developed based on original content, then such aspects are in depth captured in the writer’s agreement. Similarly, music composers who create musical works, directors directing the content and the actors who are also part of embodying artistic works are important copyright owners of the works. Thus JP Legal ensures all the assignment of the intellectual property rights stemming from their work is assigned to the Producer.
In the event any of our client is interested in producing a content based on the published Book or remake the content in another language, then we at JP Legal conduct a thorough due diligence of the chain of title on all the underlying materials of the original content is clear from any third-party infringement ensuring that all the intellectual property rights are flowing well from the original author/creator to the final exploiter/producer. Thus, to ensure the same, JP Legal will draft and execute numerous rights acquisition agreements to acquire the original rights from the original copyright owner or author.
As mentioned above JP Legal is appreciated by all their clients because there is JP Legal’s legal and commercial in-depth involvement in each and every content which is created by its client, unlike other law firms who only provide a production pack to their clients. This really sets JP Legal apart from all the other law firms.
Whilst JP Legal ensures that the creative bend of the director is always safeguarded with the legal implications and regulations to ensure that there are no future litigations on the project and all rights of the project are safeguarded and well exploited in universal perpetuity by the producer and recoup all the investments made towards the content in a diligent and timely manner.
Throughout your career, you’ve received several awards, including being recognized as the Best IP Lawyer among 100 Female Lawyers in India. Can you share the significance of these accolades and how they have impacted your approach to your legal work?
I have been very obliged and humbled to every fraternity for rewarding her the awards and accolades for the work done by me in the media and entertainment industry over the last 17 years. From 2019 when I was an In house Senior Manager at Phantom Films and later at Reliance Entertainment Limited, I have been a speaker at many Intellectual Property Forums in India and also had made submissions of my yearly work done to the respective fraternity to qualify for such awards. Thus to be a speaker on the panel the person has to have in-depth subject matter knowledge and confidence to speak on the stage. With the help of my seniors at work and colleagues I had gathered the strength to be on the panel with other renowned IP lawyers. These fraternities conduct a deep research about my profile and work and my speaking skills and then qualify my profile for the awards.
In the year 2023 I was also awarded the 40 under 40 Rising Star Award by Legal Era forum, JP Legal Corp. have been awarded the Lex Falcon Award in Dubai and many more. These awards and accolades always push a person to work hard and achieve their dreams and take a step towards success and get recognition amongst the legal fraternity.
This year has given me an immense pleasure as Legal500 has once again ranked me as a Leading Individual in the TMT Category – India – Mumbai Focus, this ranking means a lot to me as after extensive research and scrutiny this title is being given to a lawyer. Further JP Legal Corp. has also been ranked in the Tier 2 – TMT category & Tier 3 for IP category for India – Mumbai focus for the year 2024. The Legal500 accolade is considered as epitome for me as it elevates me and the law firm over and above other existing firms.
Your social media presence is quite extensive. How has leveraging platforms like LinkedIn contributed to your professional growth, networking, and perhaps even attracting opportunities in the legal and entertainment domain?
In today’s day and age social media is a blessing for all the lawyers as the pace at which they can connect with the legal fraternity and clients is immense. On Linkedin we also reach out to lawyers who are working in the intellectual property area like trademark, patents and seek their advice as and when required for our projects. Also through LinkedIn we come to know about the current employment opportunities prevailing in the legal fraternity and if we have a candidate for the same then we surely reach out and put in a word for the candidate with the employer.
Further, through the LinkedIn portal, I have been very fortunate enough to connect with the various forums or groups who conduct intellectual property seminars across India. Once connected with these forums subject to my availability and the topics being discussed at the seminars, I participated as a panelist for one of the sessions hosted by these forums. Also time and again my profile has been shortlisted for many accolades and awards which through the LinkedIn portal is being publicised and known to the world.
A few reputed law firms practising intellectual property rights and these law firms on a weekly or fortnightly basis issue magazines which mentions about prevailing laws, latest judgements and litigations prevailing in the media and entertainment industry and they also upload the same on Linkedin. I also follow most of these law firms on LinkedIn and keep myself updated about the media and entertainment industry.
Lastly, over the years I have been conducting numerous legal and business workshops in the law schools at Mumbai, Hyderabad and have taught the students about copyright law, drafting agreements and nuances of media and entertainment business. Through the LinkedIn chat box these students also get a chance to interact with me and ask their concerns and seek career guidance for themselves. I surely respond to each one of them as and when time persists.
Thus LinkedIn is a great social media platform for professionals to showcase their career progress, achievements, accolades and seek information on various related topics. I make sure that my LinkedIn profile is well updated and intact with the latest information and news related to herself and JP Legal Corp.
Considering your achievements and experiences, what advice would you give to recent law graduates aspiring to make a mark in the field of entertainment and media law, or law in general?
Today’s generation has a lot of advantages of having access to a lot of social media platforms which provides them with a lot of knowledge and current information. Over the period of years and working experience I have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets.
When I conduct the workshops in the law schools, I emphasize and encourage the students who want to pursue media and entertainment law to firstly study contract act and copyright act in depth, along with that have a fair idea about trademarks and patents. These students should be inclined towards drafting, vetting, negotiating and executing agreements prevailing in the media and entertainment sector. If a student wants to join a studio or production house, firstly that student should acquire knowledge about the businesses conducted by such a company and have a hands down experience in knowing the different types of agreements which will be executed for a particular deal.
In the media and entertainment sector the law students should understand that more than legal knowledge this industry functions based on mutual trust and confirmation between the parties and also respect and value the sentiments of the persons creatively involved in the process of content making, thus firstly the student should have people’s management skill within themselves. Also this industry is very volatile and growing thus the student should be open to learning the new aspects of the business and be able to cater to the same.
Lastly, this industry has no fixed working hours, hence the student should be completely passionate about the industry to work for long hours. Students should have knowledge about the business and have zeal towards working in the industry. To their seniors this will showcase their sustainability in the industry. Also this industry requires a lot of hard work and one should be ready to give their best towards the legal work. Always keep yourself updated with the latest judgements, industry know-how, local laws, commercial deals happening across the industry all this will provide skills and abilities to negotiate the deals in better manner and get the best commercials for the clients.
Sir, could you please share the story of how you initially decided to pursue a career in law? Were there specific experiences or influences that led you to choose this path?
First of all, I am a second generation lawyer. I was motivated to pursue law from the beginning as Law is a noble profession and contributes a lot to society. Since my childhood, I have seen my Father’s contribution towards society as his core practice area was Criminal Law. However, during my college days, I was much inclined to pursue my career in the stock market being financially connected which goes to my core passion. Simultaneously, I was pursuing Law and finally, I decided to shift myself to Law especially in Commercial matters, which is a mixed bag of finance and commerce. I, then, shifted to Delhi.
With almost 12 years of experience across litigation, commercial arbitration, and consumer and company litigation, what motivated you to specialize in these specific areas within the legal field?
I am passionate to read and learn more and more deep into financial activities related to business and commerce. This interest connects me with the litigation and enlightens me to understand the problem of a businessman in a much better way, which ultimately led to making a business decision. Law can be practiced by anyone but having basic knowledge over the general subject of the case either commercial, arbitration or consumer or company makes things easier to resolve the query in an effective way. Like an Advocate having understanding of stock market would be able to pursue a case related to stock market than a novice. Since I have interest in reading these topics, I was more inclined to specialise in the above specific areas in the legal field, so that I can deliver better than ordinary.
Your career includes appearances before various High Courts, the Supreme Court of India, and various tribunals. Can you highlight a particularly challenging case you’ve worked on and discuss the strategies you employed to navigate through it successfully?
It was in Sep’ 2014, when I caught up in a matter before Hon’ble Supreme Court. I briefed a Senior Advocate, however, he was stuck in a traffic jam and could not make it on time. I was called upon by the Bench to argue. With hesitation, I began and strenuously argued the matter. When I finished my arguments, my Senior reached the Court. However, by that time, the Hon’ble Court reserved the matter for order. The judgement was delivered in the month of March’ 2015 and finally, we succeeded. This case taught me to always be ready with the brief irrespective of engaging a Senior Advocate. I have fearlessly appeared before almost 11 High Courts of the country and numerous District Courts and Tribunals across the country and independently argue the matters. This rich experience and exposure are completely devoted to my Senior Colleague Mr. Ajay Abhay Monga Advocate, who always reposed faith on my skills and offered opportunity as and when it appeared.
Given your expertise in Consumer Laws, Commercial Law, and other areas, how do you stay abreast of the ever-evolving legal landscape, especially with regards to amendments and changes in laws and regulations?
In the current scenario, especially the deep presence of online updates and platforms, it becomes easy to keep updated. However, specific laws get evolved as and when I work upon a case file. I must state that sitting in Court, in idle time, is indeed a good way of learning and keeping updated, apart from learning argumentative skills and to have a broad idea about the temperament of a Judge.
You’ve been associated with significant reported judgments, such as Millennium Wires vs. The State Trading Corporation of India. Can you share the role you played in these cases and the impact they had on your legal career?
As explained to you above, the case you highlighted was a game changer for me as it was an opportunity to independently argue a case before the Hon’ble Supreme Court in addition to the fact that many stakes were involved. I was quite nervous in the beginning, however, after the hearing concluded, I felt immensely satisfied with my performance and it boosted my confidence to argue a case before any Court. I was involved in the above case since it was before the Hon’ble High Court of Delhi, therefore, I had good command over the facts and coupled with the fact that I briefed the Senior Advocate for hearing, so I was quite prepared with the case. The preparation, briefing and discussion with Senior and deep involvement in the case since inception, in fact, gave power and confidence to present the case independently.
Having worked on matters related to FEMA, PMLA, and other financial regulations, how do you approach advising senior management on the legal implications of business decisions, particularly in the context of financial laws?
Advising on the legal implications of financial laws certainly depends upon the kind of business my client is involved in coupled with their requirements. Those days are gone by, where businesses can flourish without legal support. Presently, the laws are quite stringent, which require legal advice at every stage of business decisions. Therefore, after understanding the business model and the requirements of a particular trade, I would advise my Client in making its business decisions in line with the financial laws.
From being an Associate to now being an Associate Partner at SNG & Partners, can you discuss the key milestones and challenges you faced in your career progression?
I belong to Gwalior, Madhya Pradesh and shifted myself to Delhi in Sep’ 2011 to pursue my career in law. Since, I was not much active during my college days, therefore, I was completely raw, when in fact, I entered the profession. I initially practiced with some Advocate for a period of 4 months and thereafter, I began my career with SNG & Partners in March’ 2012. Our Managing Partner, Mr. Sanjay Gupta is a kind-hearted and a great mentor, who always encourages the juniors. In the beginning, rushing from one Court to another gave me an exposure to a variety of laws. I was working under Mr. Ajay Abhay Monga, Senior Partner, who gave me ample opportunities to argue the matter independently. Later on, he handed over the outstation cases portfolio to me, which added more exposure in my experience. Travelling to various Courts is per-se add a great value, however, arguing a matter before another Court, apart from your regular Court, adds more experience and sharpens the argumentative skills. Travelling to different Courts gives independence as well as enhances decision making without the support of your colleagues. It also helps you to understand the local practices of various Courts. I must add that there are no free lunches anywhere and the same goes with different Courts in different states. You will face challenges like language barriers as all the Courts in this country are not following English as their base language but these exposures not only add experience but also shape an Advocate to argue a matter in challenging circumstances as well. My journey with SNG is full of challenges in each case, however these challenges make an Advocate. I am always thankful to my Seniors for always appreciating my work and finding me suitable for new challenges. A special regard to Mr. Monga, who has been a great mentor for me and guided me in my hard times and always motivated me.
As someone with a rich and varied legal career, what advice would you give to fresh law graduates who are just entering the legal profession? What key lessons have you learned along the way that you would like to share with them?
A law graduate must understand that law is a learning process, which would never end. Therefore, reading and understanding the law and its implications are essential. Like practice makes a man perfect, similarly, the more you read, the more you gain. Law graduates, during the initial days, must visit Court everyday and observe the Advocates arguing their cases and the kind of questions raised by the Benches. This will make them understand how the case is presented. You can make notes and read the file thoroughly, however, there are certain spontaneous questions, which would arise and those questions can be answered, only with your general acumen. A law graduate must not refrain from reading the topics, which are not necessary for the kind of legal practice he/she is involved in. He/She must understand that presenting a case before the Court is an art crafted by an Advocate. Thus, every advocate has a different way of presenting the case. Thus, the argumentative skills can only be learnt, when you hear and listen in a Courtroom. I wish All the Best to all the Law graduates.
Congratulations on the success of your book The Law of Goods and Services Tax: A Comprehensive Internet Age Commentary. Tax is primarily an auditor’s topic and a territory of Chartered Accountants. Why did you choose to write a book on GST Laws?
I started my practice in the 1980’s in an age of information scarcity. I had a degree in commerce and then a law degree. I worked under my maternal uncle who was a tax lawyer. I enjoyed the complexity of tax practice and specialized in tax litigation, appearing before various tribunals. My exposure to accounting and accounting principles in my commerce degree was a huge advantage in commercial and tax litigation. In my experience, judges and lawyers without an accounting background feel challenged by accounts and accounting entries. Understanding these is essential for tax litigation . Much of my advocacy in the High Courts and the Supreme Court is to simplify accounting principles and concepts and explain them in a legal language acceptable to the legal mind. .
After GST laws were enacted in 2017, I saw tax lawyers and practitioners instructing me struggle with the complexities of GST legislation. Unlike the Income Tax Act, GST Laws did not have any standard commentary. I decided to do something about it and began writing. My book is a focused and penetrative commentary, an original writing on GST laws . It took me four years to complete my book.
I wrote a commentary in simple language avoiding legal jargon and overflow of citations. Considering the daily information overload on tax practitioners, I wanted to write a book which tax lawyers and practitioners could read on the way to the court or the tribunal and succeed in their arguments.
It is an internet age commentary which avoids copious extracts from judgments, circulars, and GST notifications to the greatest extent possible. The book refers to a large number of decisions of the courts and rulings of the advanced ruling authorities. However, these references are given only as footnotes to the commentary. The relevant page and para number is given in the footnote. This will make it easier for the reader to locate the relevant para and cite the decision. The book also points out defects and deficiencies in judgments of the courts and advance rulings. It gives possible answers to legal issues (such as betting, racing and online gaming) which have not been decided by the courts so far. My book is gender neutral. I avoided using ‘he’ or ‘she’ unless absolutely necessary.
Your involvement at the National Judicial Academy, conducting sessions for newly elevated High Court Judges and Judges from other jurisdictions is unique and commendable. How has this experience influenced your own perspective on the legal profession?
These experiences have made me deeply sympathetic and understanding of the plight of an average judge. Judges face enormous pressure disposing of matters, sitting in committees and simultaneously handling tons of administrative work. I am no longer irritated when a judge does not read the papers fully or adjourns a matter for want of time. Lawyers must understand that judges are also human beings. Judges also feel hunger, body pain and tiredness. Mental fatigue and irritability set in any judge, any human being after hearing arguments day after day, week after week without time to recover or recoup energy.
My advocacy has become judge-centric. I now see myself as a senior advocate assisting the court rather than arguing before the court. The best of arguments should be made in a manner helpful for the judge to write the judgment in the client’s favour. Good advocacy should give the judge a quick and easy solution to the dispute. No judge anywhere is interested in long arguments showcasing the lawyers’ erudition.
You’ve authored publications, conducted sessions on law for judges, and played a role in drafting rules. Could you share the motivations behind your contributions to legal literature, legal education, and rule-making, and how do you believe these efforts contribute to the legal community?
I did not have any specific motivation to do all of these. The legal profession rewards good work with more work. My first book was on the Madras High Court Letters Patent, Appellate and Original Side Rules. The book was successful and resulted in the Chief Justice appointing me on the Court Fees Rationalisation Committee. The committee’s well drafted report was accepted by the government and by the High Court without modifications.
This led to my appointment on the Madras High Court Arbitration Committee and on the Madras High Court Rule Committee. My contributions here were kindly appreciated and I continue to be on the Rule Committee although I have shifted to the Supreme Court. Similarly, the success of my first book led to publishers inviting me to more books.
There are two lessons from all of these. Firstly, one must grab every opportunity that presents itself. Secondly, most opportunities lie outside the comfort zone. Therefore, having grabbed the opportunity, one must struggle, overcome discomfort and grow to the level of the opportunity.
How have you seen yourself evolving as a Senior Advocate from a raw young law graduate? What role do you believe mentorship plays in your development as a legal professional?
As a young lawyer, I thought precedents were all important and tried to support every argument with some case law. Now, I realise persuasion is all-important. Arguments with too much case law are like over spicy food. They turn away judges. Arguments must be garnished with minimum case law, just enough to make it attractive and presentable but not beyond. As a young lawyer, I thought I could succeed in my arguments without too much hard work once I became a senior. Now, I realise hard work is a part of the process even as a senior advocate. I had appeared in common-law jurisdictions across three continents. I found hard work was an essential requirement for success at the Bar throughout the world.
Mentorship is essential for improving the quality of the justice delivery system. I have seen retired judges mentoring sitting judges at the National Judicial Academy. Similarly, advocates must mentor junior advocates. Mentoring must be professional and must meet the needs of the mentee. Mentoring does not mean placating the mentor’s ego by listening to the mentor’s war stories. Real-life examples from the mentor’s past offer valuable guidance but must be fine-tuned towards the mentee’s requirements.
Sir, could you please share a bit about your background and journey that led you to become a Barrister at Law, practicing in both India and London? What inspired you to pursue a career in law?
I completed my bachelor’s degree in commerce. Then, I had the option of pursuing management, accounting or law. I applied for an MBA and was offered admission by two prestigious colleges in Mumbai. My father felt I was temperamentally suited for a profession rather than a corporate job. He suggested I could become a chartered accountant or a lawyer. My paternal great-grandfather, my maternal and paternal grandfathers and my uncle were lawyers. Law seemed to be a more attractive choice. I felt I would be bored with accounting. I studied law and became a lawyer.
I became a barrister at law by accident. An English barrister met me for legal advice on Indian law. She was impressed by my legal skills and suggested I should become an English barrister. By then, I had put in 25 years as a lawyer in India. I felt becoming a barrister did not add any value to my practice in India.
A couple of years later, she convinced me to sign the application papers. Amidst hectic professional life, I studied English law like a maniac and passed the difficult test. I was called to the Bar by the Honourable Society of Inner Temple where Mahatma Gandhi was also called to the Bar. I wanted to return to India after becoming a barrister. However, the Sub-Treasurer of Inner Temple insisted that I should complete my pupillage in England and obtain rights of audience before the English courts. I stayed on, pupilled in barristers’ chambers in London and obtained my practising certificate as well.
Your educational background is quite diverse, including degrees from the University of Edinburgh, NALSAR University, and the University of Bangalore. How did these experiences shape your approach to law, especially in the areas of international arbitration and commercial litigation?
LLM from the University of Edinburgh was a game changer for three reasons. Firstly, since I joined LLM after 25 years as a lawyer, I could understand and implement in my practice many legal concepts taught in the course. This would not be possible had I joined LLM immediately after my LLB.
Secondly, my writing skills improved enormously. I needed to write concisely and with precision. I could not simply fill up the pages and expect to pass. Almost everything I wrote in my dissertation needed to be supported by citations. The high quality of writing I learnt from LLM helped me write three books on law.
Thirdly, a degree from one of the top universities in the world gave me entry to many places.
One of the courses in LLM was on international commercial arbitration. The course was taught by a reputed international arbitrator. Learning the nuances of international commercial arbitration helped me become a Fellow of the Chartered Institute of Arbitrators, teach arbitration as an accredited tutor, argue international arbitration matters in Indian courts and finally sit as an international commercial arbitrator abroad.
Exposure to foreign legal systems such as English law, Scottish law and continental jurisprudence in Europe helped me to think out-of-the-box in identifying new lines of arguments in Indian commercial and tax litigation.
You’ve been involved in significant matters under the Insolvency and Bankruptcy Code and commercial litigation. Could you share some insights into the challenges and complexities you’ve faced in these areas, especially when dealing with issues such as avoidance applications, corporate liquidation, and company petitions for oppression and mismanagement?
I have only one insight. The task of an advocate in any complex litigation is to break the complexity into simplicity. Judges hate complexity and love simplicity. Justice Oliver Wendell Holmes said “For the simplicity on this side of complexity, I wouldn’t give you a fig. But for the simplicity on the other side of complexity, for that I would give you anything I have.” It requires enormous hard-work to reach this simplicity.
As a Fellow of the Chartered Institute of Arbitrators, you’ve been involved in numerous domestic and international arbitrations. Can you discuss some of the key aspects of your experience in arbitration, including any notable cases or challenges you’ve encountered?
The glaring contrast between domestic and international arbitration is the professionalism in international arbitration. Timelines for pleadings, witness examination and arguments are scrupulously followed by the lawyers in international arbitration. The arbitral tribunal is also well prepared, having studied the pleadings and the evidence well ahead of the hearing. International arbitrators do not have a sense of loyalty to the party appointing them. Domestic arbitration has to travel a long way to catch up with international arbitration. Sitting as an international arbitrator, I see Indian lawyers and Indian law firms rise up to international standards. However, this is absent in domestic arbitrations.
Lastly, considering your wealth of experience, what advice would you offer to law graduates who are just entering the profession? Are there any key lessons or principles that you wish someone had shared with you at the beginning of your career?
First, take care of your health. Eat correctly and exercise regularly. Aim to live active and to ripe old age.
Secondly, set one small goal, reach the goal. Then set another small goal and so on. Do this consistently. Small goals always trump large goals.
Thirdly, remember the journey never ends. Thirty-eight years at the Bar, I am still learning law and improving my skills, daily.
Fourthly, be kind to yourself (but not indulgent).
