Super Lawyer

Tag: Partner

  • “With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena”- Sanjay Sethiya, Managing Partner at Law Square Advocates & Solicitors

    “With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena”- Sanjay Sethiya, Managing Partner at Law Square Advocates & Solicitors

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey and tell us how you decided to pursue a career in law, especially focusing on Commercial and IP Litigation, Arbitration, Corporate and Real Estate Advisory?

    As I embarked on the journey of establishing my legal career, I found myself drawn to the realm of law despite originally intending to pursue the family business. My initial exposure to the legal field occurred when I commenced my law degree in 2003, prompted by a desire to defer an early arranged marriage proposed by my family for my entry into the business fold. During this time, a fortuitous encounter with a respected Advocate specializing in Commercial and Real Estate law, facilitated by a Chartered Accountant friend of my Mother, shaped my trajectory. The warm reception I received in their Chambers led to an extended internship spanning ten semesters, where I balanced academic pursuits with practical learning, immersing myself in the intricacies of Commercial and Real Estate law.

    Upon qualifying as an Advocate in 2008, my focus shifted towards Corporate Law, prompting my apprenticeship under a Senior Advocate renowned for their expertise in various legal domains, including Arbitrations, Intellectual Property Laws, and beyond. By 2013, when I established my independent practice, I had garnered extensive experience across diverse legal disciplines, ranging from Commercial and IP litigation to Arbitration and Real Estate and Corporate Advisory. These formative years were marked by tireless dedication, often spanning from early morning till late at night within the chambers of my mentors.

    During this period, my passion for law deepened as I delved into the jurisprudential insights offered by the Law Journals of the Supreme Court of India and various High Courts. It was during one such exploration that I encountered the seminal case of Malikchand v. Manikchand trademark dispute. This serendipitous discovery paralleled a client’s approach seeking resolution for a trademark infringement matter, igniting my fervor for Intellectual Property law. Immersing myself in the intricacies of Trademarks Law, particularly pertaining to Passing off and Infringement, I successfully navigated the legal complexities, laying the groundwork for subsequent triumphs in IP litigations. This initial success propelled me towards establishing a robust IP practice, encompassing not only litigation but also registration services, thus allowing me to cultivate a multifaceted IP portfolio.

    As my practice evolved, my vision expanded towards establishing a full-service firm, catering to a diverse array of legal needs, encompassing Commercial and IP litigation, Arbitration, Real Estate, and Corporate advisory.

    As the Managing Partner at Law Square, can you share some insights into the challenges you face in managing a law firm with associate offices across multiple cities in India?

    As the Managing Partner at Law Square, overseeing operations across our associate offices spanning multiple cities in India presents a myriad of challenges. While our headquarters in Bangalore serves as our primary base, our status as a full-service law firm engenders a broad spectrum of cases, including appeals destined for the esteemed chambers of the Supreme Court of India. Furthermore, our specialization in IP litigation frequently necessitates our involvement in matters before the Delhi High Court, prompting the establishment of an associate office in Delhi helmed by a seasoned Advocate on Record. This strategic arrangement enables seamless collaboration between our Bangalore team and our counterparts in Delhi, with periodic travel to the capital for court proceedings.

    Similarly, navigating banking arbitration disputes, predominantly situated in Mumbai, demands a tailored approach, necessitating the deployment of resources from our Mumbai associate office. The complexities of appearing before tribunals such as the NCLAT in Chennai and the IP office in the same city have been streamlined through the adoption of online hearing mechanisms, albeit not without initial challenges.

    The success of our Delhi model inspired replication in Mumbai and Chennai, each bolstered by dedicated teams poised to handle our caseload under the guidance of our Bangalore office. Despite the logistical demands of traversing multiple cities, the intrinsic satisfaction derived from our work mitigates the perceived challenges, reaffirming our commitment to delivering excellence in legal services.

    With your extensive experience appearing before various courts and tribunals, what do you find most rewarding about your practice in dispute resolution and arbitration?

    With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena. Whether it’s the art of case presentation, the distinct personas of fellow legal practitioners, or the varying standards of preparation, every setting presents its own tapestry of challenges and nuances. In Delhi, legal practitioners are characterized by their assertiveness and acumen, while Mumbai advocates exhibit remarkable agility and efficiency. Meanwhile, in Chennai, a culture of erudition prevails, reflecting in the meticulousness of legal discourse. Despite the inherent disparities, the ultimate satisfaction in dispute resolution and arbitration lies in transcending these differences and achieving the desired outcomes against all odds. This sense of accomplishment amidst adversities is truly gratifying and serves as a testament to the resilience and efficacy of our legal practice.

    Your involvement in pro-bono initiatives is commendable. Could you tell us about a particularly impactful case or project you’ve worked on through JITO or TPF?

    In my capacity as the Legal Cell Convenor of TPF, we conceived and executed a ground breaking initiative termed ‘TPF Paramersh’. This innovative program utilized a WhatsApp Chatbot platform to facilitate individuals in posting their legal queries, subsequently addressed by a collective of legal experts affiliated with TPF. The swift turnaround time of 1-2 days ensured prompt and accurate legal opinions, catering particularly to the marginalized and those grappling with minor legal quandaries often overlooked. This endeavour has significantly impacted over 10,000 individuals, furnishing them with invaluable legal insights free of charge, thereby bridging a crucial gap in access to justice.

    Similarly, within JITO, our commitment to pro-bono endeavours manifests through a series of legal awareness seminars. These seminars convene distinguished speakers from diverse legal and business domains, delivering insights on pertinent legal topics essential for navigating the complexities of contemporary legal landscapes. Through such initiatives, we endeavour to empower our community with the requisite knowledge and preparedness to thrive in an ever-evolving legal environment.

    Your publications and presentations on legal education and IP laws are quite notable. What inspired you to contribute to legal literature and share your knowledge through speaking engagements?

    My engagement with TPF and JITO has been instrumental in moulding both my professional trajectory and personal ethos. Through my involvement in pro-bono activities within these platforms, I became acutely aware of the pressing need to disseminate crucial legal knowledge to a wider audience. This realization served as a catalyst for me to extend beyond the confines of seminars and delve into the realm of legal literature and public speaking. Consequently, I embarked on a journey of crafting scholarly articles and delivering insightful presentations across various academic institutions, legal circles, and esteemed social and business forums.”

    How do you see the landscape of intellectual property laws evolving in India, and what challenges do you anticipate for businesses in this regard?

    In recent years, the landscape of intellectual property (IP) laws in India has experienced a notable expansion, characterized by a heightened societal awareness regarding the significance of protecting intangible assets. Businesses spanning from burgeoning start-ups to established enterprises now demonstrate a heightened consciousness regarding the imperative of safeguarding their intellectual property. India, in response, has undertaken substantial strides, aligning its IP regulatory framework with global standards and leveraging technological innovations to streamline the registration processes. Moreover, legislative reforms have been enacted to accommodate the evolving dynamics of the digital age.

    However, amidst this commendable progress, the emergence of artificial intelligence (AI) represents a potent challenge to conventional IP paradigms. The intersection of AI with copyright and trademark laws poses intricate questions regarding the attribution and ownership of intellectual creations, spanning from literary works to artistic expressions and brand identities. The rapid pace of AI development underscores the need for a nuanced understanding of its implications on intellectual property rights. Consequently, the legal terrain surrounding AI-driven innovations remains largely uncharted, fostering potential disputes and contentions over ownership claims and regulatory frameworks.

    Could you shed some light on the role of alternative dispute resolution methods like arbitration in easing the burden on traditional court systems, especially in complex commercial disputes?

    The introduction and advancement of Alternative Dispute Resolution (ADR) mechanisms, particularly arbitration, have significantly alleviated the strain on traditional court systems, particularly in the realm of complex commercial disputes. The amendments to the Arbitration and Conciliation Act in 2015, which imposed time-bound procedures, have substantially enhanced the efficacy of arbitration proceedings in India. This regulatory overhaul has not only expedited the resolution process but has also rendered arbitration a cost-effective alternative to traditional litigation.

    In the sphere of commercial disputes, where intricacies abound, arbitration offers a bespoke framework tailored to the specific needs of the parties involved. The flexibility inherent in arbitration proceedings allows for tailored procedures, expert adjudication, and confidentiality, thereby fostering a conducive environment for resolving complex disputes efficiently and effectively. Furthermore, the Indian judiciary has consistently upheld and endorsed the use of arbitration as a preferred method for dispute resolution, evident in a plethora of judicial pronouncements.

    The judiciary’s proactive stance towards promoting ADR mechanisms, coupled with legislative amendments aimed at streamlining arbitration procedures, has bolstered confidence in the arbitration process. These measures have not only reduced the backlog of cases burdening traditional court systems but have also instilled a sense of trust and reliability in the efficacy of arbitration as a viable avenue for dispute resolution.

    Overall, the symbiotic relationship between traditional court systems and arbitration serves to enhance access to justice, foster commercial certainty, and promote a conducive business environment conducive to economic growth and prosperity.

    Finally, considering your extensive experience and achievements, what advice would you offer to law graduates aspiring to build successful careers in the legal field, particularly in the areas you specialize in?

    To aspiring law graduates, I wholeheartedly promote litigation as a preferred path in their legal careers. While the initial years may pose challenges, with meagre salaries and rigorous demands, the field holds boundless opportunities for growth and fulfilment in the long run. Upon completion of their legal education, I urge students to seek apprenticeships in chambers renowned for fostering a culture of flexibility, continuous learning, and hands-on experience. Seizing the opportunity to appear in court proceedings, law graduates should dedicate themselves to mastering the intricacies of the law within stipulated time frames, thereby laying a solid foundation for their professional journey.

    Success in this profession, I believe, is predicated on dedication, hard work, consistency, humility, and integrity, virtues that one accrues and refines over time. Unlike the immediate financial rewards of non-litigation corporate practice, the gratification derived from winning a legal battle before a court of law and witnessing the joy on a client’s face is unparalleled. Patience, persistence, and perseverance are paramount in this profession, for there are no shortcuts to enduring success.

    As law graduates progress in their careers, they should remain open to continual refinement and adaptation to meet the evolving demands of the legal landscape. By embodying these principles and committing to a path of lifelong learning and growth, individuals can ascend to unparalleled heights of achievement and fulfilment within the legal profession.

    Get in touch with Sanjay Sethiya-

  • “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

    “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you walk us through your journey from completing your LL.B. to specializing in corporate compliance and dispute resolution, particularly in arbitration?

    After completing the 5 yr LL.B. (H) program I joined a law chamber for about a year. The idea was to get an exposure to the trial work and gain an understanding of the ‘real world’ dispute resolution system. I remember on the first day of law school our constitutional teacher told us “you will spend 5 yr in law school to learn certain things that you will spend the next 1 year unlearning when you start practicing”. It was quite true. In fact interacting with a client and analysing facts to understand his underlying desired outcome is something I started learning during that period. I also wanted to add work experience before applying for LL.M. to improve chances of getting admission to a good university. During the LL.M. my focus was on ADR and business transactions. The classes on ADR introduced me to the advanced Mediation process being followed in the US at a time when Mediation was still not considered an effective alternative here. The Arbitration law had undergone a generational shift a few years ago and it was early days. The classes I took in LLM helped me grasp universally applicable principles in Arbitration which helped me when I came back and gradually focussed on ADR practice. Over the years working with several good corporate clients we realised that they were focussed on being legally compliant and always needed legal advice to avoid any pitfalls. I guess I kind of developed the necessary expertise to address the regular compliance issues of clients.

    What motivated you to pursue a Master of Laws (LL.M.) degree with a specialization in ADR and international business transactions law at the University of Southern California (USC)?

    The idea of doing LL.M. from a foreign university is not only to learn but to also develop additional skill sets and make new connections. Most of the faculty are practicing professionals from top tier firms and share the industry specific best practices. At that time there was a lot of focus on Bharat and with a lot of cross border transactions there was a growing market in the US for lawyers with working knowledge of Indian law and understanding of the legal ecosystem here. With the major focus on Arbitration as a dispute resolution option, the International ADR course seemed a logical extension of being prepared for practicing in that area. Unfortunately, the subprime mortgage crisis led to a prolonged economic downturn and cut short the plans to work on transactions but being taught ADR by some of the best faculty motivated me to focus part of my practice area on Arbitrations. It only helps to service clients today with a global presence as I am still connected to my fellow classmates from the LL.M. program who are based in Europe, Middle East and SouthEast Asia.

    Your work involves representing both private and public sector corporations (PSU). How do you navigate the differences in handling legal matters for these different types of clients?

    Whether you represent a government entity or a private party, a counsel’s approach towards finding a solution to those disputes remains largely the same. However, there is a wide difference between the two sides when it comes to the work culture and decision-making process especially when it comes to matters related to litigation or Arbitration. Whether its negotiating contracts or working on case strategy the private client is either more willing to settle with a reasonable outcome or pursue legal options up to the Apex court but there is finality in the decision making, however when it comes to PSU client we have to weigh the slow decision making process and also impact of any policy decisions made by government on the strategy being followed. We also have to understand that decisions for PSU clients are impacted by legal costs involved as it will burden the exchequers ultimately. I must add that though some lawyers may feel less incentivised to pursue government side work however, I feel that working on the government side allows one to get great exposure to a variety of complex legal problems and it is also a matter of great pride as one gets to be of service to the public in a way.

    Could you share a particularly challenging case you’ve worked on and how you approached resolving it?

    Every case comes with its own sets of challenges and in fact sometimes a case involving most basic issues can throw a completely new challenge at you at any stage of the case. Once a client came to us who was a defendant in a claim involving recovery of money which he was unable to pay due to the financial crisis. His right to cross-examine had been closed by the Court due to failure on part of his legal team, therefore he was clearly facing an adverse outcome ultimately. We were able to get the appeal admitted on legal issues and also conveyed our willingness to the court for closing the matter for a reasonable settlement. Since our client had previous long standing business relations with the plaintiff, I advised him to have the settlement discussion with the management of the plaintiff directly and fairly convey his difficulty and work out a structure for making reasonable payments over a period of time which included a large chunk of interest accrued. During the hearing the Judge appreciated the genuine effort being made by us and understood the financial distress caused during Covid period and prevailed upon the plaintiff to accept a reasonable payment structure. It ultimately saved our client from going out of business.

    You’ve been heavily involved in advising on labour and HR compliance, as well as issues related to Sexual Harassment at Workplace (POSH Act). What are some common challenges you encounter in this area, and how do you address them?

    Most common challenge we face when it comes to HR related issues is that there is a lack of awareness about the enforceability of various clauses that are put in contracts or conditions in the HR manual being followed by the entity. Sometimes the policies put in place are outdated and not in sync with the current legal scenario. Another issue we see is non implementation of policies across the offices in different places of the same company. For example, some organisations have policy for Maternity benefits under the Act but their implementation varies depending on the location and economics involved. When it comes to POSH related issues, I feel that implementation of the law in its true spirit is missing. Sometimes even the top management is not sensitized enough to understand that   training sessions are not meant for female coworkers only but requires equal participation from male coworkers as well. I think the law itself requires to be redesigned to address some of the grey areas, the current issues and evolving work culture. But there is a serious need to at least have a system for enforcing the provision, as they exist, so that it is followed uniformly in every organisation / entity covered under it. 

    Your involvement as a certified Mediator and being empaneled with various legal bodies is impressive. How do you balance your role between advocacy and mediation, and what benefits do you see in offering both services to your clients?

    I am a certified mediator empanelled with the Delhi High Court Mediation and Conciliation centre called “Samadhan” as well as the Mediation cell with NCDRC. In my 6-7 years of experience in mediating a range of disputes, I have realised that settling disputes through mediation is much more fulfilling professionally as it helps the litigants with timely relief compared to endlessly litigating with greater costs and worsening relationships. As a mediator, I do not have to think about the interest of only one party as there is no side to choose and the ultimate goal is to help parties in reaching an amicable solution to the entire dispute. While at the same time the process helps me in honing the negotiation skills as well.

    I must confess that many of our colleagues believe that mediation is antithetical to a lawyers’ dispute resolution practice which is incorrect. In fact being a certified Mediator helps me in advising the client holistically. I always initiate a counselling session with the client to understand their underlying expectation of the outcome of either a negotiation or litigation with the opposite party and use mediation skills to help them understand their best-case scenario in case of failure to settle. The process helps the client to have a realistic assessment of his case and the actual time and costs involved. The ever growing importance of mediation was highlighted by the CJI Hon’ble DY Chandrachud at the National Conference on Mediation held last year, who called for a ‘Youth-based mediation’ and even J. Manmohan, the current acting Chief Justice of Delhi High Court remarked that mediation be made a part of curriculum for students as early as possible to ‘catch them young’.

    I find mediation to be very rewarding and I hope more lawyers consider taking up mediation as a prominent part of ADR practice. In fact at a recently concluded Arbitration event, Hon’ble J. Sanjiv Khanna, Judge, Supreme Court of India remarked that some mechanism needs to be evolved to merge mediation process with the Arbitration Act in order to have a quick, party-driven dispute resolution mechanism. 

    With nearly 17 years of practice, what changes have you observed in the legal landscape, especially concerning arbitration and dispute resolution, and how have you adapted to them?

    Arbitration proceedings in India were very different prior to the amendments introduced in 2015. Though the time consuming issues were addressed but still it was fraught with difficulties that made it challenging to obtain the arbitral award and far more challenging to execute it. Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient. However as recent decisions have shown, that many issues involved are still getting adjudicated and will take some more time to authoritatively address many complexities in interpretation of the clauses and unfettered powers of arbitrator which sometimes lead to situations where outcome in similar situations are not based on legal principle but on the understanding of particular arbitrator. I believe that greater push is rightly being made by the government towards institutional arbitration in the country to bring some sort of uniformity in the whole process. 

    When it comes to the dispute resolution system, I believe the greatest change brought in recent years is through complete digitisation of the court records especially in Delhi High Court and the availability of virtual hearings which has truly taken the justice delivery to every doorstep. As lawyers, efficiency and productivity of our practice has immensely grown due to the above changes and in almost all the Arbitrations I am involved in they are being conducted through virtual platforms. I believe that the continued promotion of digitisation of courts led by the Hon’ble Supreme Court and equally adopted vigorously by the Hon’ble High Court is commendable and deserves appreciation.

    As a member of various legal associations and advisory boards, how important do you think networking and community engagement are for legal professionals, and what advice would you give to those looking to establish similar connections?

    Aristotle is famously quoted for saying “Man is by nature a social animal” I believe he was thinking of lawyers when he said it!  But on a serious note, I think networking for lawyers is as important as any other skill and maybe some have used it exceptionally to be quite successful. Not only does a good network allow one to bounce off different ideas and broaden their own horizons but can also help by opening doors for more opportunities and growing as a professional especially when it comes to young lawyers. I think young lawyers who are not part of lawyer networking events should try to attend conferences and lectures as much as possible which can help them with finding an opportunity or connecting with the right mentor. Also take up the membership of at least a couple of associations even if they are not connected with any particular court.  Being a member of various bar associations especially at Delhi High Court has helped in connecting with colleagues over various sports activity or cultural programs and seminars which are organised regularly and in fact are equally supported by the bench also.

    Get in touch with Varun Nischal-

  • “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

    “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your journey spans over 17 years, and you’ve worked with reputed law firms and companies. What inspired you to pursue a career in law?

    I was fascinated with UPSC and the legal profession both. I loved reading from my childhood days. We didn’t have a television in our house and considering that the distractions were lesser then, I ended up reading a lot of newspapers. I used to regularly read Hitavada and its Monday supplement: Challenger, an inspirational piece for young students. When I told my family that I wanted to pursue law, my mother supported me and took me to meet a few lawyers and those interactions helped. Realizing that I had no family background in law, the seniors helped me understand that the actual legal world was very distinct from the legal world depicted in movies and that I should be prepared for struggle and a lot of reading and paperwork. 

    Your role involves advising on commercial, contractual, and HR-related issues. How has your diverse experience shaped your approach to legal advisory, particularly in corporate and HR matters?

    Advising on HR matters needs one to adopt a humane approach and I focus a lot on understanding the situation in detail, before jumping to conclusions. With every change in an organization, one comes in contact with people from various backgrounds and genres and every interaction helps individuals grow.

    What do you find most rewarding in your advisory work, and how do you navigate the challenges posed by the dynamic nature of these fields?

    The most rewarding aspect is when the deal gets closed on balanced terms. I always feel that a contract needs the active involvement of the parties along with the lawyers. If we manage to retain the client’s interest despite multiple tracks changed colour-coded versions, the document will truly reflect the understanding and the possibility of dispute is less.

    The challenges posed in this field are no different from the challenges in other fields. Typically, stubbornness is a problem one comes across in contract negotiation. Navigating stubbornness requires a lot of patience along with adopting various methodologies, like independent business team interactions, cogent examples, clear illustrations and so on.

    You’ve been an external member of many ICC(s) and have handled investigations under the POSH Act. What insights have you gained from this experience, and how do you approach creating a safe and inclusive workplace environment?

    POSH issues are very sensitive and delicate. One must understand that POSH is an impact-based law i.e. irrespective of intentions, it’s the impact on the aggrieved woman that matters. Education and training is the only method to handle this issue. If organizations conduct regular training effectively, this issue can be handled. Each organization has its own culture and methods of functioning. Thus, in the case of new employees, it is important to train and sensitize them to these issues.

    In addition to your legal qualifications, you’ve completed a course on Conflict Management from IIT, Madras. How has this course enhanced your skills, and in what ways do you incorporate conflict management strategies in your professional life?

    Conflict management through mediation is the way forward. It’s a very mature way of handling the dispute and requires the parties to be actively involved. We are required to maintain a very objective attitude many times as lawyers, but sometimes there are issues when we tend to get involved, and that’s when the learnings from this course remind us that objectivity is the key in certain roles. 

    As a Legal Advisor for Tata Teleservices Limited, you gained insights into corporate functioning, documentation, negotiation, and risk mitigation. How have these insights influenced your current role, and what key lessons did you take away from your time at Tata Teleservices?

    Tata Teleservices was a delightful experience, more so because of the wonderful corporate legal team that I was part of. While the work of an in-house counsel is different, my stint at TATA ensured I understood the end-to-end process of corporate documentation, right from proposal to the final storage of the executed document. The advantage of working in an organization that is conscious of compliance is that all stakeholders come together and apply themselves together to mitigate the possible risks. Such brainstorming exercises and detailed deliberations are very helpful. 

    You’ve conducted regular POSH training sessions for various organizations. What do you enjoy most about these training sessions, and how do you make legal concepts more accessible to a diverse audience?

    Conveying the delicate concepts of POSH needs a firm demeanour. Apart from regular methods like presentation, videos and interactions, we also use a lot of role-play to demonstrate the proceedings. While my effort is to sensitize the audience about the legal consequences that may arise should an issue arise, I also endeavour to make it clear that the mechanism is not to be misused.  We also suggest that organizations attend vernacular training to ensure that everyone gets the message clearly.

    Your expertise spans from handling litigation matters to advising on real estate transactions and now leading teams at YNZ Legal. Can you share a memorable or challenging experience from your career that has impacted your approach to legal advisory?

    One of my distinct memories related to an interesting company matter that I handled long back. The issue related to oppression and mismanagement and there was an urgency that needed us to get a quick injunction before the AGM. We worked very closely and almost round the clock with clients and counsels to draft effective pleadings to ensure that an injunction was obtained. The case was on a niche legal point and could have turned either way. We researched various cases and prepared written arguments. When the day of the hearing came, the client refused to come to the court and said that he would sit in our office and wait for us since he trusted us completely. While my senior understood, I tried convincing the client to come to the court in case we needed any instructions etc. He persisted and urged me to go on. His confidence and trust in us touched me. Thankfully, the order too came in the client’s favor.

    Apart from your legal expertise, you lead various environment-related initiatives in society. Could you share more about your involvement in these initiatives and how you believe each of us can contribute to sustainability and environmental causes?

    To be very honest, it’s a very small plastic recycling project that we do in our society voluntarily, but we have been consistently doing it since 2017. Till date, our society has contributed almost 35000 kg of plastic for recycling with the active contribution of residents. We work with various organizations who come to collect plastic waste at our doorstep. Each family is expected to segregate every bit of plastic waste that they generate like food wrappings, bottles, milk packets, pens, stationery, toothbrushes and so on for 15 days. The vehicles from these organizations pick up the plastic waste for recycling. 

    I am from Nagpur, a city that has the distinction of being a very clean and green city. I was a part of the nature club in my school days and my teacher had inspired us to be conscious towards the environment then. When I used to travel from Nagpur to Mumbai regularly during my college days, I used to see a lot of plastic being dumped on plants near railway lines. While plastic pollution is a topic for many drawing and essay competitions, concrete steps towards reducing plastic usage need to be taken by each individual and family. Once reduced, these recycling activities can be adapted for unavoidable plastic.

    Balancing a legal career with your other activities like pursuing Bharatnatyam (being a Nritya Visharad) and being an active runner and cyclist is impressive. How do you balance your professional and personal interests, and how do these activities contribute to your overall well-being?

    (Smiling)

    Time management is the key in today’s world. Of course, one cannot do everything at the same time, but if you plan the entire week or month in one go, then it’s easy to find time for most things. Our profession requires a calm and sharp mind and regular breaks with other activities help one to recharge oneself. I rekindled my interest in cycling during the lockdown, thanks to friends and it has stayed on for a long.  Bharatnatyam, again I must thank my teacher who continues to shower her blessings, and despite online classes drives the message of pursuing perfection in every class she takes. 

    Considering the evolving landscape of law and the world, what advice would you give to aspiring legal professionals and advocates who are part of the future generation, and how do you envision the role of legal experts in addressing the challenges and opportunities that lie ahead?

    In-depth reading and writing skills are very critical. As lawyers, it is not possible to learn all the laws, but if one develops the habit of regular reading it can make a difference. Along with reading interesting blogs and legal update channels that are available, I would like to repeat some advice that I got from my senior. He would insist that one should read one judgement daily and when you take the judgement, read it from beginning to end so that you understand how to appreciate the facts, arguments and the decision as well.

    Organizations are getting more and more conscious towards compliance these days. Opportunities are unlimited. Knowledge and effective communication in rich language are key essentials and one must try to develop these skills early on.

    Get in touch with Aarti (Shrivastava) Banerjee–

  • “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

    “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us what initially sparked your interest in pursuing a career in law, especially in the field of corporate transactions and mergers and acquisitions?

    From my days in high school, when I needed to make a decision on my career, I was quite clear that I wanted to take up a career in law. I felt that a legal career would give me flexibility across other disciplines as well, such as journalism (which was my second option). While all my internships in law school were with litigators and litigation firms, I realised thereafter that my interest and skill sets were more suited to corporate transactions. Having said that, I still believe that all young lawyers should ideally start off with a litigation practice to gain an understanding of our courts system. Contracting, conveyancing and litigating in the courts (or in arbitration) are all inter-connected. If you look at any of the older generation of lawyers, they are equally comfortable in a court, arbitration process, or negotiating an M&A or financing deal.

    With over a decade of experience advising clients across various sectors, could you highlight a pivotal moment or experience that solidified your passion for corporate law?

    I don’t think I can highlight any one moment. It’s a gradual process. Certainly, after the initial 3-5 years of practice, I did see myself working as a lawyer long-term and I continue to enjoy my work. The regulatory developments and changing business requirements ensure that there’s always a challenge to confront.

    You’ve worked with esteemed law firms in India for several years before joining Quillon Partners. How did these early experiences shape your understanding of the legal profession and influence your career trajectory?

    Each experience was unique and fulfilling. I have been extremely lucky to always have worked with not just wonderful lawyers, but wonderful human beings. My early experiences taught me the value of attention to detail, hard work and the right attitude. The rest will fall in place.

    Your representative experience includes advising on significant transactions such as fundraise, investments, and mergers. Can you walk us through one of the most challenging projects you’ve tackled and the strategies you employed to navigate it successfully?

    I was advising a client on a fast-track merger sometime around 2017-2018, which is when the provisions had been recently introduced and notified. The process was getting delayed, impacting the companies’ operations. We didn’t really have a template process / precedent to follow, other than the merger approvals under the regular S.230-232 provisions. I decided to appear before the Regional Director’s office to allay their concerns, pointing out relevant precedents under the regular S.230-232 provisions and we managed to secure the approval shortly thereafter.

    Another challenging project was securing merger-control approval from the CCI back in 2013. It was one of the first merger-control filings our office was handling (the merger-control provisions had been notified a few years previously).

    I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals.

    Having published articles on key reforms proposed by India’s capital markets regulator, could you discuss the importance of staying updated with regulatory changes in the legal field, especially in your area of expertise?

    I cannot overemphasise the importance of staying updated with regulatory changes and developments. This impacts the advice we give our clients on a daily basis, whether in terms of structuring transactions or negotiating an investment. It’s a key differentiator in providing high quality and effective advice.

    Transitioning from the Bangalore office to the Mumbai office of Quillon Partners, what factors contributed to this move, and how has it impacted your professional growth?

    It’s been a wonderful experience, with a new set of challenges. It’s really taken me out of my comfort zone, but I have enjoyed the transition. Of course, it’s helped that I continue to work out of both the Mumbai and Bangalore offices and get to enjoy the best of both worlds. As an M&A lawyer, it just made sense to make the move, but I also needed to be sure of working with the right set of people. In a world that’s increasingly interconnected and where physical boundaries no longer remain a challenge, I felt it shouldn’t really make a difference, whether I’m based out of Mumbai or London or Singapore.

    Drawing from your extensive experience, what advice would you offer to law graduates aspiring to specialize in transactional law and navigate the complex landscape of corporate transactions and mergers?

    Don’t stop learning. Whether we have completed 5 years or 15 years of post-qualification experience, we need to keep learning, given the demands of this profession. Don’t restrict yourself to strictly ‘legal’ knowledge. Expand your horizons of learning. Keep abreast with great cinema, the arts and culture. This better informs your skill sets, especially soft skills, which is invaluable as a lawyer.

    Get in touch with Rohan Kumar-

  • “Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios”- Ankur Deka Rabha, Founder & Managing Partner ~ Λrgħyä Legal

    “Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios”- Ankur Deka Rabha, Founder & Managing Partner ~ Λrgħyä Legal

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey of becoming a lawyer, starting from your graduation at NLSIU, Bangalore, to your current role as Managing Partner at Λrgħyä Legal?

    My journey as a lawyer began when I joined the prestigious National Law School of India University (NLS), Bangalore in the year 1997. Law school gave me a whole new perspective on life, purpose and law in general. The initial years until graduation was a period of great learning and appreciating the law, legal research and developing an analytical mindset. After graduation, I worked under a few senior counsels as a litigating lawyer in New Delhi being fortunate enough to be practising in various courts like DRT, Tis Hazari, Patiala House, High Court and Supreme Court. This is the phase in my life where I learnt the importance of PERSEVERANCE & RESILIENCE. When your salary is meagre  (compared to what your peers earn in a company or law firm) and you need to survive on that, it requires a lot of PERSEVERANCE & RESILIENCE to not give up on your dream. 

    I transitioned from a litigation lawyer to an associate in a law firm in the year 2006 when I shifted from New Delhi to Bangalore to work with a law firm dealing mostly with foreign clientele wanting to set up business in India. I was fortunate to be a part of the team managing contracts drafting and negotiations, M&A for some well known corporate clients.  This experience along with my previous experience as a litigation lawyer helped me to get into Bosch as an inhouse counsel and thus transition myself from a lawyer to a business lawyer. During this phase, I was fortunate to have both local and international exposure on various aspects of business and law in general. This phase was also about understanding and appreciating the importance of forging collaborations, understanding business, numbers, managing stakeholder expectations, managing teams, having the foresight for incoming risks and proactively taking steps to minimise risks.

    Finally the culmination of all that I had learned and experienced over the years helped me in pursuing this new phase in my professional career i.e. the setting up of Λrgħyä Legal  The firm was set up with the aim of providing affordable and high quality services to select clients. Having been an in-house counsel most of my professional life I am able to understand the pain points/areas of concerns of corporations better and provide solutions which are practical and easy to implement from a business standpoint. Currently the firm’s focus is mostly on assisting in house counsels with the day to day issues, mergers and acquisitions, secretarial assistance and compliance training. 

    With your extensive experience in various industries like healthcare, e-commerce, and IT, what motivated you to pursue a career in law, particularly in corporate and regulatory aspects?

    Few factors that contributed to my decision to join NLS and pursue a career in law. The desire to move out of Guwahati to broaden my horizon in life in general and to join a professional course which was equally relevant as that of medical and engineering courses.  I was very fortunate to be a part of this prestigious  institution.  NLS helped bring in a lot of maturity and clarity in my thoughts so once I graduated I had a clear roadmap in mind. Although someday I wanted to be an inhouse counsel, I first wanted to understand law and its nuances and see how it’s actually dealt with by courts, then law firms and finally settling down as an inhouse counsel. These experiences help me immensely while dealing with complex and critical situations which require strategic thinking. 

    Coming to the question of why I focus particularly in the area of corporate and regulatory aspect. Well I would say although these two aspects are very important, it would not be the only ones that I would need to look at if I am an in house counsel in a leadership position. One has to remember that the role of an inhouse legal counsel is about being a generalist in law, being foresighted, proactive, collaborative, approachable and generally having an idea about every aspect of law which applies to the organisation. You are the first line of defence and your internal stakeholders will look to you for answers and solutions. So I would say I am a generalist whose job is to maintain a fine balance between compliance of law while facilitating smooth business transactions. I have been really fortunate to be a part of multinational organisations which exposed me to a whole gamut of issues on various aspects of law which were really complex and some of them even path breaking, both nationally and internationally. Such experience has enabled me handle complex issues with poise and maturity. 

    You’ve held significant positions in both multinational corporations like Bosch and Essilor, as well as in consulting roles. How have these diverse experiences shaped your approach to legal counsel and leadership?

    Experience does matter and as a lawyer, I have been really fortunate to have worked with great senior counsels, being part of great teams at various law firms and finally exposed to a whole gamut of critical issues in a corporate world mostly in the IT and manufacturing side ranging from labour issues, product issues, litigation, M&A, compliance etc. After more than two decades of being in the profession, each stage of my career has taught me something new which I would not have been privy to or learnt had I continued in just one field and not delved into others. I can safely  say I have seen it all but of course with the humility to state that the learning never stops and I still think of myself as a student who has the courage and conviction to unlearn and learn if required.

    These past experiences of what it takes to drive business has an effect on how I counsel my clients today.  I look at the business and then apply law to see to what extent I can stretch my risks. Years of experience helps in a way to already visualise consequences. Hence, every suggestion or an opinion given to clients is based on their business need and practicality within the ambit of the permissible laws.  One size may not fit everyone so one has to be agile, quick and flexible to innovate. For example, I will never advise anyone to go in for litigation as a first step in a dispute situation. It should be the last resort and one needs to understand that the cost of litigation could dent a company’s bottom line.  During my stint as a General Counsel I have facilitated many negotiations and saved huge litigation costs to the companies I was associated with. 

    As someone who’s been recognized for achievements such as “General Counsel of the Year – Healthcare,” what are some of the key challenges you’ve faced as a first-generation lawyer, and how did you overcome them?

    Challenge is a perception and quite subjective. I always saw opportunities in everything that came my way and grabbed them to make a mark. There is also no alternative to hard work. Challenges are always present in life and we have to figure out a way to navigate through these challenges. Everyday something new happens which we may not comprehend nor anticipate and that is what keeps us going. Life without it will be very boring.


    I was never really dependent only on people teaching and guiding me to learn new things. Of course its importance can never be negated. However, I realised early in life to learn from experiences around me by myself as well. Time is always of the essence and sometimes you miss the bus. During one farewell, the managing director of the company asked me what I would have done differently or changed if I had the opportunity to go back in time. I replied saying none. They were valuable experiences and if I had not encountered them then I would have never learnt. Learning is not only about law, at a leadership level it is about how much you understand the business of your organisation, it is about managing people, managing expectations of your stakeholders, maintaining a fine balance between compliance and business, learning leadership skills etc. This attitude helped me rise the corporate ladder faster and become the general counsel of a listed company at a very early age where I also had to lead cross functional peers who were double my age and experience. 

    In your roles at Flipkart and Walmart, you managed legal aspects of B2B wholesale business. Could you elaborate on the complexities and nuances you encountered in navigating regulatory landscapes in the e-commerce sector?

    I will answer this question in a more generic manner rather than answering specifically with regard to my stint at Flipkart as it applies in general with every organisation in the B2B e-commerce sector. Although regulated, it is not as stringent as the B2C ecommerce sector. Nonetheless, one cannot deny the fact that compliance of the applicable regulations is very important and in order to ensure compliance we need to understand the current gaps and that is only possible through regular interactions with internal stakeholders to understand how the business is being driven. Only once you understand what is currently in place can you strategize on whether any alignment or realignment has to be undertaken. Further, there are also changes in certain areas of law or process which are constant in the B2B sector. Most of the time you will see clarifications and circulars issued by the government under FSSAI, ISI or Legal Metrology or CDSCO on a regular basis.  Sometimes interpretation of such changes becomes an issue as they could be interpreted in more than one way and this is where we need to step in to reach out to the right authorities and conclude on the correct interpretation. Likewise we also need to reach out to relevant authorities and advocate for change whenever we find new changes in law detrimental to our business interest. In general I would say in today’s fast paced business and cut-throat competition, agility and quick decision making is critical to the success of a business. Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios. 

    You’ve been involved in various legal domains such as M&A, compliance, and litigation management. How do you stay updated on legal developments, and how do you integrate these insights into your strategic advice for businesses?

    Overall there are a few things which we need to keep in mind as in inhouse counsel. Firstly understanding the law enables me to visualise consequences and such awareness enables me to guide internal clients in the right direction. Hence, having a proactive mindset to look out for new changes in law and how it is going to affect your organisation’s business and ensure mitigation measures well in advance by working with business colleagues to ensure smooth transition is key. I strive to continuously read and research  on relevant and complex legislations/ provisions of law to ensure that I get the required clarity of its nuances from the perspective of courts/case law to not only properly guide and advice clients but also to be able to successfully provide alternatives during negotiations. Sometimes a simple oversight could cost a lot for your clients. Therefore, it is important to have an eye for detail and the patience to read every line and use one’s analytical skills to question whether what one is looking at really applies to the current situation or not. 

    What is the story behind starting Λrgħyä Legal and embarking on a new chapter in your life. Many would see this as a huge risk stepping out of the comfort of a stable job and a successful career.

    I always had a desire of exploring and stepping out of my comfort zone to try something of my own. After a lot of thought and deliberation with my family, my peers in the industry from whom I found acceptance in the concept of our firm, I finally decided that it is about time I pursued this passion. Having spent more than two decades as a lawyer and most of part of that career as an inhouse counsel with various multinational companies gave me great insights into the various nuances/complexities of managing an inhouse team, budget constraints, work pressure and impossible timelines.  It is very difficult most of the time for in-house counsels to manage/outsource work due to the high cost of legal services. I understand that very well being in that situation myself and feeling helpless. Hence, Λrgħyä Legal was born in the month of August, 2023 with the aim of addressing such issue and coming up with affordable services without compromising on quality. Λrgħyä Legal strives to foster partnership and lasting relationship with our clients rather than just mere commercial transaction.

    Λrgħyä in Sanskrit means “Sacred Offering”. Λrgħyä Legal was set up keeping in mind the four principles: (a) Availability; (b) Affordability; (c) Quality; (d) Integrity. We collaborate with in house counsels and work on various models which helps in (i) outsourcing at affordable rates (ii) continuity of work during headcount reduction or headcount freeze (iii) managing critical manpower and reducing headcount costs and (iv) enabling ample time  to the in house counsels to focus on critical issues and (v) assisting organisation to implement compliance trainings on various legal topics. Currently the firm’s focus is mostly on assisting in house counsels with the day to day issues, mergers and acquisitions, secretarial assistance and compliance training. 

    Lastly, given your wealth of experience, what advice would you offer to fresh law graduates aspiring to pursue a career similar to yours, particularly in corporate law and regulatory compliance?

    In general, all I can say is no matter what one does, they should do it with complete dedication. Patience, Perseverance and Resilience is key to any successful career. There are no shortcuts to success. Do not be in a hurry to move on to new things without mastering what you are currently doing. 

    Get in touch with Ankur Deka Rabha-

  • “Even though fintechs are growing rapidly, it is becoming progressively harder and cumbersome for them to match pace with the regulations and compliances for their existing or new products”- Aman Yadav, Legal counsel, OLX Group

    “Even though fintechs are growing rapidly, it is becoming progressively harder and cumbersome for them to match pace with the regulations and compliances for their existing or new products”- Aman Yadav, Legal counsel, OLX Group

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share your education journey into the legal field, particularly what motivated you to pursue law after completing your B.A. in Business Economics? 

    During my bachelors I decided to pursue masters in economics or psychology but when I saw the career trajectories of Delhi University law graduates I realized that a Delhi University law degree has tremendous potential and is quite cost-effective. I graduated from the Faculty of Law, Delhi University in 2009 and joined the firm where I interned as an associate. 

    Your profile showcases a diverse range of experiences, from working as a Partner in a law firm to holding leadership roles in major corporations. How did these experiences shape your approach to legal practice? 

    I spent my first 10 years in the general corporate practice of a boutique law firm where I worked on several aspects of law ranging from general corporate to litigation and arbitration, and this varied exposure trained me for a larger role. When I got the 10-year itch I decided to move in-house to experience the business side of law. My first in-house role was eye opening because I had to quickly learn how to juggle a higher work volume but with lesser intensity unlike my law firm days where it was about specific assignments but high quality delivery. My rigorous law firm background helped me extensively in increasing the quality of in-house legal work and deliveries. In-house legal practice is vastly different from law firm practice primarily because almost all legal advice and decision matrix has to be delivered to the internal stakeholders in a simplified version for enabling business decisions but without removing the legal essence. 

    Could you elaborate on your work with the Indian Cyber Crime Coordination Centre (I4C, MHA) ? How did this experience influence your perspective on cybersecurity and online fraud prevention? 

    Cyber frauds between users were quite high in one of our online business verticals and we collaborated with I4C (MHA) in building an online fraud prevention model for intermediaries like us and others. My major learning from this experience was how introducing customer education, multi-check KYC mechanism (during account creation especially) and dynamic algorithmic filters can drastically increase cybersecurity and reduce online frauds to supplement the in-house legal team’s efforts. 

    You’ve been involved in various aspects of fintech. How do fintechs navigate the regulatory complexities while ensuring innovation and growth ?

    Even though fintechs are growing rapidly, it is becoming progressively harder and cumbersome for them to match pace with the regulations and compliances for their existing or new products. Our government is very frequently issuing guidelines, notifications, circulars, and laws which make it difficult for fintechs to quickly design, grow, or tweak products and synchronize with the government’s objectives. I feel that in the near future compliance and regulatory aspects for fintechs will stabilize and the Indian government will have completed building a large part of its fintech regulatory ecosystem. Until then fintechs have to operate on a risk-compliance model to build the most compliant platforms and products which minimize customer, business, and public risk. 

    You’ve filed a DRHP in December 2023 with SEBI for Awfis Space. What are some of the key preparatory points pre-DRHP filing ? 

    Company secretarial documentation and information, promoter identification, consents, litigation disclosures and risk factors form the backbone of a DRHP filing, especially in a company where several investment rounds have occurred and there are pending regulatory litigations. At least 7–8 months prior to DRHP filing it is advisable to be audit ready, collate and complete all secretarial documentation and information, resolve or settle larger vendor payments, litigations, arbitration, and disputes, and avoid new business complexities which can have adverse regulatory or legal impact. 

    You were part of Prosus’ Olx India business sale to Cartrade Tech in August 2023 for USD 65 million. What was a unique aspect of the transaction which you had not anticipated ? 

    It was a really interesting transaction because we first had to merge the classifieds business with the autos business and then sell the combined entity to Cartrade Tech. I had not anticipated the employee related complexities we would face in moving about 400 employees from one Olx business entity to the other. It was a legal and human resources issue where we had to interact and take written consents from all such employees which extended our closing timelines a bit. 

    How is AI changing in-house legal teams in routine legal work ? Any advice for new lawyers on maximizing AI use benefits ? 

    In routine legal work, the positives I see are faster research work and basic drafting. It is easy to generate basic templates for notices, representations, and low-value agreements. The negatives are that new lawyers are not reading articles, books, and case laws and heavily rely and trust AI generated results. Till AI advances to near perfect levels and becomes a default use case, a new lawyer should be able to draft simple documents by writing or typing to hone their legal skills and become comfortable with legalese.

    With your background in public policy, including your involvement in amending the Motor Vehicles Act in April 2023, what advice would you give to fresh law graduates aspiring to make an impact in shaping legislation and regulatory frameworks? 

    If public policy work interests a lawyer then it makes sense to practice for a few years especially in litigation to become comfortable with interpreting legislations and developing legal arguments and then work in the public policy department of a company or non-profit, or join a think tank. A masters degree in social sciences or public policy will add tremendous value and can unlock several opportunities.

    Get in touch with Aman Yadav-

  • “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

    “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey from being a law student to becoming a founding partner at TKC Partners LLP? What pivotal moments or experiences shaped your career trajectory?

    I would say my journey toward becoming who I am today began even before law school. As an Undergraduate at St. Stephen’s College I had the opportunity to explore not only where my interests lay academically, but also to begin to explore who I was, and who I wanted to become, as a person. I wasn’t always certain about pursuing law, at the time I was quite keen on exploring the dramatic arts. By my third year I was more set on my path towards the law. Reading History helped inform that decision. 

    That was followed by three years at CLC, Faculty of Law. I was not the most academically gifted student, nor, to be candid, the most hard-working. When I first joined I was not certain whether I was pursuing law because of the expectations of family, or because it was right for me. But I found myself drawn to certain courses, particularly Jurisprudence and Intellectual Property Law, which reinforced my decision to pursue law as a career. 

    After LL.B. I joined the Office of Mr. Gourab Banerji, Senior Advocate, who was Additional Solicitor General in the Supreme Court at the time. They say you never forget your first boss – and I certainly couldn’t. Mr. Banerji provided a nurturing and professional environment for a young legal professional to learn the ropes, and to make mistakes without fear or judgment. Many of the habits I try to inculcate in my Office even today I imbibed from my boss and my colleagues in that Chamber.

    While practicing in the Courts in India has a thrill that cannot be matched, I had already begun thinking about pursuing higher studies in England. The drive had been fuelled over the years by visits to my family in the UK, and my father’s stories of his time at Oxford. The University of Oxford was my first choice. Having marginally missed a First Division I didn’t make it through. But sometimes life finds a way to give you what you need, even if it isn’t what you think you want. I joined Queen Mary, University of London for the LL.M. in Intellectual Property Law. That definitive year studying in the heart of London provided some of the most pivotal moments in my journey. Far from the nest, and challenged to break free from the shackles of rote learning, I got the opportunity to truly develop a zeal for the study of law, a joy for learning and analytical reasoning, and to dive deep into the study of Intellectual Property Law. Truly enjoying what I was learning pushed me to strive like never before, which happily culminated in graduating with Distinctions in each of my Courses. QMUL enlivened my passion for the law, and gave me some of my most endearing and enduring friendships. I can truly say that if not for that year, I would not find myself where I am today.

    After my academic success at QMUL I was accepted into Oxford, which fulfilled a burning desire I had held in my heart for a quarter of my lifetime. I spent two years at St. Edmund Hall, University of Oxford pursuing the BCL and then the M. Phil in Law. Oxford helped me take my abilities and my ardour for academia to new levels. I had the opportunity to study under and with some of the sharpest intellectual minds I ever had the privilege of interacting with, both inside and outside of the legal realm. Though I probably did struggle with “imposter syndrome” at first, being intimidated intellectually pushed me to challenge and better myself. I was privileged to have this opportunity, and I did my best to take the fullest advantage of it. I was scared, I was excited – I had worked hard to get there and I hope it’s okay to admit that, despite all my anxieties, I was proud of myself. Reaching Oxford helped me believe in my capabilities and shape the confidence that I feel one needs to push oneself to the next level professionally. Not only did I meet my best friend at Teddy Hall, but I found the freedom and space to strive towards becoming my best self.

    After returning from England, it was an adjustment being back in litigation in Delhi. The Oxford bubble had popped, and I had to find a way to transfer the skills developed during my time in academia to my professional pursuits. Despite offers and advice pushing me in other directions, I relished the chance to work under my father Mr. Salman Khurshid, Senior Advocate. His practice was varied, his grasp of the law disparate, and his academic bent familiar. Many days were spent having intellectual debates over lunch with all his juniors in the Office, and countless hours running from forum to forum – calling for familiarity with everything from Constitutional and Administrative Law to Competition and Anti-Trust. Exposure to so many different fields developed my general appreciation and grasp of law and, despite my specialisations, convinced me of the value of being a generalist – A jack of trades, master of none – but better than just the master of one.

    After a few years the opportunity presented itself to join with dear friends and colleagues to set up our own firm – TKC Partners. Once again I found myself anxious, doubting myself and my potential – but the time had come to take the skills and abilities developed over the last decade and to push myself to the next step. 

    Pivotal moments in life rarely present themselves as such when they are before us. For most of us, in life the key moments are often gradual or imperceptible until we’re much further down our path. I think every step has culminated to bring me where I am today. While some may feel more definitive, none would be the same without those that have come before.

    You’ve had significant experience in both litigation and arbitration, particularly in high-stakes cases before various forums, including the Supreme Court of India. What draws you to these areas of law, and how do you navigate the complexities they present?

    From the very beginning I knew that I was more drawn to the Courtroom than the Boardroom. While Corporate Law offered more stability and remuneration, and many of my friends went in that direction, I knew my first love was litigation. Perhaps it is, as my friends and family often insist – that I am a born lawyer – eager to argue with anyone and everyone, about anything. Or perhaps it is as my father once told me when I had more whimsical fancies of being a stage actor – that litigation and theatre have many correlating and overlapping skills – oration, diction, the ability to command a room and capture the attention of your audience.

    While litigation in India certainly has its share of drama, I think along with being an inherent performer, what draws me to dispute resolution is the thrill of argument, and the excitement and pace of litigation in India (though sometimes there is more excitement than necessary). Once I joined the profession I also had the opportunity to explore arbitration, and see many of the advantages it offers over litigation in an often over-burdened system.

    Each area of law has its own thrills and its own obstacles. Navigating the complexities is often just about weathering the storm of backlog, managing the expectations of clients unfamiliar with the system, pushing your colleagues and contemporaries to help improve the system rather than take advantage of its shortcomings, and most importantly – patience. And in today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions.

    As someone who has been deeply involved in intellectual property rights (IPR) practice, could you share some insights into the evolving landscape of IPR enforcement, both domestically and internationally? What are some of the key challenges you’ve encountered in this field?

    Intellectual Property is an ever-evolving discipline. While its foundational concepts may not change, its application can rapidly adapt and develop in the face of technological advances, globalisation, the clash between the interests of developed countries and the needs of developing nations, and several other such factors. One of the most important developments however, especially for growing markets such as India, is cross-border recognition and enforcement, both for international brands that bring investment and economic growth into India, as well as for home-grown brands that have found an international market.

    India has made great strides when it comes to the awareness, proliferation, recognition, and protection of IP rights. But we cannot rest on our laurels. Our infrastructure needs to catch up with the pace and requirements of market demands; we need to be proactive about facing the challenges of IP enforcement in the digital age; the level of expertise required from offices and the judiciary is not uniform across the country; and we need to ensure that a robust IP system does not create a space for IP bullying or takeover by larger vested interests against the freedom of creation and innovation.

    Your time as a Research Assistant and then co-Author for your Chapter in the publication by the Office for the Harmonisation of the Internal Market (OHIM) involved studying the enforcement of intellectual property rights in the European Union. How has this experience influenced your approach to handling IPR matters in your legal practice?

    The opportunity to co-Author a Chapter in European Case Law on Infringements of Intellectual Property Rights (Bruylant, 2016), published by OHIM (now known as the EUIPO) was an exciting opportunity to delve deep into a specific issue from an unfamiliar perspective. It helped acquaint me with some of the potential conflicts and challenges that proprietors and practitioners can face when it comes to the cross-border enforcement of IP rights.

    It also helped me truly appreciate the impact and importance of Intellectual Property Law in commerce. Now known by a more appropriate name, the EU Intellectual Property Office used to be the Office of the Harmonisation of the Internal Market – which started with the remit to administer the new EU-wide unitary property right, the EU Trade Mark. Through the application and enforcement of various EU Directives, this Office played a vital role in breaking down several trade barriers in IP, showing how IP plays a pivotal role in creating, facilitating, and influencing cross-border trade and growth of mutual economies.

    I think the experience has helped me develop a foundational expertise with the issues associated with such enforcement, which aids me in advising clients with multi-national offices or businesses, and also helps with a key aspect of IP advisory – litigation management and avoidance.

    In addition to your legal practice, you’ve been actively involved in academia, including co-interviewing undergraduate law candidates at the University of Oxford. How do you balance your legal career with academic engagements, and what value do you see in contributing to legal education?

    During my time at Oxford I was primarily dedicated to purely academic pursuits. But I also had the opportunity to carry on some of my practice, in an advisory capacity. The opportunity to co-interview undergraduate students, along with Professor Aileen Kavanagh, was interesting. It was funny to be on the other side of the table just a year after getting into Oxford myself – to try and gauge and appraise these young candidates and to make recommendations on whether they should be offered a place. This was perhaps the first time I felt the weight and gravity of the influence we in the profession can have on the future of the next generation of legal practitioners, jurists, and policy makers.

    After re-joining the profession back in India I have attempted to make time to make myself available for similar opportunities through symposiums, lecture series, podcasts, etc. But balance is always the greatest challenge in the legal profession. I’ve not been able to make the time to take on more formal and structured academic roles, despite being approached a few times, as I’ve felt that I needed to provide more time to my role in growing my Firm. But it is always on my agenda to find ways to reach law students and young professionals when suitable opportunities present themselves – the worlds of academia and practice cannot be divorced from each other – this is a loss to both. I think it’s important that law students have the opportunity to know the realities of the legal profession, and to explore the profession before making the heavy commitments that it demands – this is only possible through access to practitioners who can help them gain a better understanding of law beyond their textbooks. The value in this is elementary – better, more well-rounded students will lead to a better, well-rounded legal profession.

    Your publication on ‘State-State Arbitration and its Role in Entrenching the Rule of Law in the International Legal Community’ explores a crucial aspect of international arbitration. Could you elaborate on the significance of this topic and its implications for the legal profession globally?

    First let me say what an honour it was to be given the opportunity by the PCA to co-author a Chapter in International Arbitration and the Rule of Law. It was such a privilege to be part of the PCA’s recognition of the work and contributions of the eminent and unmatched jurist and legal luminary – Mr. Fali S. Nariman – who sadly is no longer with us.

    This piece, as indeed much of the collection, focussed on various aspects and examples of international arbitration and inter-state arbitration, and how they have influenced the development and entrenchment of the Rule of Law, a traditionally domestic principle, in the realm of international law – which is traditionally driven by the concepts of sovereignty and State autonomy.

    Our article focussed on the role of interstate arbitration in promoting the rule of law, focussing on two significant PCA arbitrations – the Bay of Bengal Maritime Boundary Arbitration (between India and Bangladesh) and the South China Sea Arbitration (between China and the Philippines). An examination of cases such as these highlights several challenges that practitioners in the field of international law and international arbitration must contend with – the Rule of Law remains a somewhat contested concept in the international context, though there is a greater uniformity to the dimensions of the principles under domestic law. The nature of the disputes under these cases, and the stands taken by the Nation-States – both during and in the aftermath of these cases – highlights the challenges to international law, and the continuous necessity of the willing participation of States in maintaining its principles. Some of the lessons from the comparative analysis of these cases are particularly relevant for India today.

    Collaboration seems to be a recurring theme in your career, from assisting Senior Advocates to co-authoring publications. How do you approach collaboration within the legal field, and how has it contributed to your professional growth?

    ‘If you want to go fast, go alone; if you want to go far, go together’. This traditional African proverb quite succinctly exemplifies my outlook towards law and the legal profession. In a fast-paced and often aggressive landscape, legal practitioners become hard-wired for competition – treating their practice as a zero-sum game. This can cultivate unproductive outlooks that can harm the system long-term.

    I believe some of my greatest successes have come, not from side-lining or “defeating” competitors, but from finding opportunities to collaborate and cooperate. But often this is easier said than done. Collaboration requires trust, and as they say – once bitten, twice shy. Maintaining a collaborative attitude can be difficult, especially in the face of emulous elements. But patience, belief, and a little luck, can help one find genuine contemporaries to work and grow with.

    This also informs the manner in which I aim to guide and advise Clients, encouraging them to look at conciliatory approaches, focussing on larger interests and benefits. Though Clients ca be similarly motivated/programmed – to see conciliation as a mark of timidness and weakness – but I have found that many stay with us because we show them that our approach focusses on their best interests, and often bears results in otherwise quagmired situations.

    Finally, considering your diverse experiences and accomplishments, what advice would you offer to aspiring law graduates who are about to embark on their legal careers? What key principles or strategies should they keep in mind as they navigate the legal profession?

    There may honestly be no end to the advice someone could dole out to aspiring graduates poised on the brink of starting their journeys in the profession. There is just so much to learn and experience. Some of it you may have guides and mentors that can prepare you, some you will just learn the hard way.

    One thing I would emphasise is that law is a life-long pursuit of knowledge. You must constantly be open to learning and growing. Your early years are the best time to chase diverse and varied experiences – don’t hem yourself in early – there is plenty of time in life to “specialise”. One must also focus on foundational concepts, and don’t be afraid to grow slowly – chasing the “30 under 30” label can often lead to shortcuts or missed opportunities that could be hard to make up later. You must look inwards to define your image of success, don’t chase someone else’s.

    You shape the system as much as it shapes you. It may be difficult, but always strive to better yourself, and those around you, and be slow to frustration. Surround yourself with people who push you to expand and grow. Take the best habits from your mentors, ignore the worst. You will have many unwelcome experiences, learn from them but don’t let them define you.

    Get in touch with Zafar Khurshid-

  • “Each firm I worked at contributed in a significant way to my growth and development as a lawyer”- Anantha Krishnan, Partner at IndusLaw

    “Each firm I worked at contributed in a significant way to my growth and development as a lawyer”- Anantha Krishnan, Partner at IndusLaw

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey from studying law at Dr. Ram Manohar Lohiya National Law University to becoming a Partner at IndusLaw in Bangalore? What inspired you to pursue a career in law, especially focusing on corporate and commercial matters?

    I did my schooling in Chennai, loved writing, public speaking and was enthusiastic about problem solving. Around the time I was contemplating my career choice, the national law schools in India had decided to come together to conduct the common law proficiency test (CLAT), which looked like a good opportunity to explore. 

    Studying law at RMLNLU, Lucknow was a beautiful experience. I had a plethora of opportunities at my disposal, ranging from moot courts, parliamentary debates, MUNs to paper publications/presentations. Having said that, while law schools have a well thought out curriculum and they do help initiate efforts on building skills, they don’t prepare you for the fine print of any practice area and only just about scratch the surface in terms of concepts. This results in a significant void between theory and practice. To make up for practical knowledge and exposure, I spent each of my vacations doing internships, largely in the cities of Chennai and Mumbai. Mid-way through law school, I started interning with law firms, dabbling across practice areas such as litigation, project finance, intellectual property and corporate/commercial matters. I was still however looking for a specific practice area of interest, though I had developed a focused interest towards contract law and by then, corporate laws had been introduced as a subject. Around this time, an opportunity came by to participate in a national corporate law moot court competition, and we ended up winning it. What I loved about that experience was how interesting, vast and ever-evolving corporate and commercial laws were. I thoroughly enjoyed researching, drafting, preparing arguments and advocating them for that problem statement. It gave me direction that this is something I could really immerse myself in. I shifted my focus thereafter to internships solely in corporate law practice.

    From there on, it has been a voyage of dedicated and diligent learning across firms I’ve been a part of. Being a first generation lawyer, a lot of effort went into building my principles, knowledge and processes with focus on what I wanted to be and stand for as a professional. The initial years in practice went into establishing my fundamentals and processes which enabled me to deliver well thought out work products. Each deal that came by helped me build expertise on different sectors and issues around them. I’m a believer of self-assessment and feedback, used to approach my seniors on where I could improve after each deal. This helped me identified the chinks in my armoury and I worked consistently towards getting better at those. It has been a long yet fulfilling journey so far and I’m excited about what the future has in store for me.

    You’ve had a diverse range of experiences across various law firms such as Phoenix Legal and HSB Partners. How did these experiences shape your understanding of legal practice, particularly in the realms of mergers & acquisitions, private equity, and venture capital?

    Each firm I worked at contributed in a significant way to my growth and development as a lawyer. In the initial years, when I started out in Chennai post graduating from law school, I was lucky enough to be at the crossroads of the biggest overhaul of company law in Indian history. With the Companies Act, 2013 being introduced and to take effect from June 1, 2014, my first year in practice was almost entirely focused on interpretation of the new legislation and how it differed from the 1956 Act. These exercises were in fact driven by a plethora of queries from clients seeking advice on specific provisions of the 2013 Act. There were many engaging and interactive sessions with my seniors at the time to get a grasp of what we were dealing with, coupled with research drill downs, both in terms of interpretation of statutes and precedents in case laws. This helped me a great deal to get confident with my understanding of the legal practice involved in transactions and advisory. I had dealt with the 1956 Act in my internships. Hence, being able to deploy that understanding against the change in positions vis-à-vis the newly effective legislation in the 2013 Act gave me ample avenues to get better at shaping my understanding of the practice area. My stint in Mumbai was largely focused on mergers & acquisitions and venture capital. I got to do a lot of domestic and cross-border acquisitions and venture capital deals. It was a big learning curve for me which I embraced with all the efforts I could possibly put in. In your early years, observing your seniors negotiate on deals teaches you a lot, and over time, you tend to develop your own style of negotiating and handling multiple facets of the profession. 

    In any law firm, the work environment is dynamic, providing a diverse range of opportunities to learn from. With good mentors, exposure and diligence, one can dive deep into the requirements of a client and cater to its basis the demands of a given problem statement. From there on, it’s akin to polishing a precious stone, every bit of experience aggregates to fine tune a lawyer’s understanding and it only gets better with time. This, I believe, provides valuable insights and practice guidelines to develop oneself as a well reasoned and articulate legal professional capable of providing sound legal advice to clients. A couple of valuable lessons I’ve learnt over time with experiential learning are identifying client demands early on into a transaction and reflecting on them to deliver the desired results at every stage of the transaction. This varies based on the deal as well as from one client to another. For instance, a venture capital investment is akin to occupying a space in a newly built house while an acquisition is cleaning up and buying the entire house. What an investor is looking for from an investee company in an early stage venture capital investment differs vastly from what they are looking at in a late stage investment or what a buyer is looking to achieve from an acquisition. These differences range right from the level of detailing and lookback period involved in the diligence to the rights matrix to be negotiated for the relationship going forward. Negotiation is yet another skillset which requires constant learning and unlearning. With every deal, you take back something new from negotiations. Reassessment and reworking your approach to essentially figure out if your existing modus operandi could be better with the new learnings adds immense value in terms of reflecting on the outcomes of a deal. 

    Your work at IndusLaw involves advising on a multitude of transactions, including mergers and acquisitions, venture capital investments, and private equity deals. Could you share with us some of the most memorable or challenging transactions you’ve worked on and what lessons you’ve learned from them?

    There are quite a few deals I’ve absolutely loved working on at IndusLaw. Some memorable transactions I’ve done here include a series of acquisitions which set up daily delivery and instant vending businesses of a leading entity in the food and groceries space. These acquisitions included a business transfer, an asset purchase and a share purchase acquisition, and each acquisition structure came with its own set of challenges. In addition, these acquisitions taught me a lot about integrating new business models into an already well-grounded and flourishing model and practical challenges in terms of doing that. One of those acquisitions also included a founder exit, which was my first experience of a co-captain leaving the ship. Another transaction recently was internalization of a leading quick commerce brand from Singapore to India as part of a larger acquisition transaction. We dove deep into the process which happens at Singapore, including by working closely with our counsel there. The timing had to be spot on, given this internalization would need to seamlessly flow into the larger goal of the internalized entity being acquired by a listed company in India. The learnings from this deal were invaluable and while we faced multiple challenges on a daily basis, solving for each of them gave me a strong understanding of the process and its possible pitfalls. 

    More recently, with the changing trends, I’ve been closely involved with startups in the fashion space and manufacturing of materials (deployable across multiple industries), in both cases, with emphasis on sustainable and eco-friendly models. Transactions I’ve worked on have taught me a lot, in addition to fine-tuning my skills as a lawyer. These learnings range from interpersonal skills, understanding and appreciating the nuances of each product ecosystem (and the innovations that come with it) in this dynamic startup environment to understanding perspectives of founders who invested a lifetime of dedication, commitment and diligence to building successful businesses, and eventually decided to call it a day and sell. 

    Your expertise spans across sectors like e-commerce, healthcare, logistics, and media & entertainment. How do you stay updated with the legal developments and industry trends in such diverse areas, and how does this knowledge contribute to your advisory role?

    In a way, this was one of the main reasons I moved from Mumbai to Bengaluru. To get involved in the exciting startup ecosystem, in my area of competence. For A Long time, each sector presented itself in deals, and I loved working on each of those sectors.

    In terms of staying updated, early on in my career, I used to visit the websites of regulators such as RBI, MCA and SEBI to look for recent updates. Eventually, I figured out some useful hacks, which still serve me well to date. One of these was setting up Google alerts in my email driven by keywords. I placed a few alerts on keywords which most mattered to me, such as ‘venture capital’, ‘ministry of corporate affairs’, ‘reserve bank of india’, ‘foreign direct investment’, to hit my inbox at a time I could catch up on updates. So everyday, I get a collection of articles sourced from the web in my mailbox, to catch up on. In addition to this, I also spend some time on a weekly basis to stay updated by reading newsletters/articles by IndusLaw and other law firms (not just in my practice area but others as well), articles on legal and professional network platforms, publications by legal databases/journals, funding trends (generally through accessing periodic analysis reports released by various investors), sectors which get more traction than others and so on. Updating oneself regularly is of paramount importance in the legal services industry, and it helps a lot in staying honest and relevant with the trends. This has helped me in striking conversations with clients about what’s happening and could be expected in their sectors, the sector’s outlook going forward and so on. Another efficient way to stay updated is also to write articles. Along with our team at IndusLaw, I endeavour to write articles regularly and we put out a lot of content expressing our thoughts on a plethora of subjects. The firm also chalks out and conducts training sessions on specific subjects in each practice area, which gives me an overview in terms of thinking through and updating my understanding on those and our views on contentious issues. 

    In addition to your transactional work, you’ve also been involved in drafting legal opinions, conducting due diligence, and providing compliance advice. How do you balance the demands of these different aspects of legal practice, and what advice would you give to young lawyers looking to excel in these areas?

    Every deal is an opportunity to learn something new and nail the brief. First up, having a positive outlook on the profession is vital. Yes, the demands are rigorous and in a given day, you may be switching between multiple matters ranging from transactions to opinions to conducting due diligence to providing compliance advice. The ability to switch off from one matter to another is quite critical (and a skill in itself) in the profession and that can happen seamlessly only with a well grounded and firm understanding of each given matter. Preparation and planning prior to commencement of the transaction, establishing a workflow process and regular review sessions with the team are some of the other practices which help me navigate through multiple matters at the same time.

    I still have a long way to go in this profession, so I wouldn’t call this advice, rather a rational thought to ponder for young lawyers. Each matter is unique, treat each one of them with the attention to detail it deserves. A lawyer cannot convince a client unless they are convinced themselves. Deliberate, research and reflect on your own thought process and solutions which result from it until you’re convinced that it’s the way forward.

    There is a quote by the former secretary of state of the United States, Colin Powell, in his Thirteen Rules of Leadership – It ain’t as bad as you think! It will look better in the morning. Couldn’t ring truer in terms of being stuck in a thought loop on a problem statement. Anything complex is only an aggregation of simpler problems stacked over one another. So if you’re facing a complex problem statement, break it down into simpler ones and solve for each of them.

    Your publications reflect a deep understanding of complex legal issues, including trending topics such as GIFT City, relocation of supply chains to India and ESOPs/stock appreciation rights. Could you tell us about your approach to legal research and writing, and how it helps you in your day-to-day work?

    Research forms the fundamental base of any understanding. The more your research, the more you achieve in terms of clarity of conceptual understanding of a subject matter. I’m generally on the lookout to write articles on subjects which my practice area requires clarity on. This invariably helps me get better at my understanding of the subject as well. Once the topic is identified, conducting comprehensive research (including perspectives by various stakeholders) helps me to chalk out a framework for the article. From there on, I go into analysing precedents, statutory provisions and commentaries available on the subject. Once the above checkpoints are complete, the writing requires further deliberation (and a fair bit of drafting and rehashing) in terms of achieving coherence and flow in the article. 

    Legal research and writing has been a part of my life ever since law school. Establishing a process (as explained above) and following it religiously helps a lot, not only in terms of legal writing, but also to deal with multiple transactions at any given point of time. 

    As someone who has been deeply involved in the startup ecosystem, what are some common legal pitfalls or challenges that startups often face, and how do you guide your clients through these obstacles?

    Some of the common challenges which I’ve seen early stage startups face are keeping up with compliances, which sometimes includes obtaining necessary licenses and permits. This is understandable as startups invest a lot of their energies into solving the problem which is the genesis of their creation. Given the gamut of laws which apply to a company in India, it is quite possible to miss getting some of that paperwork done. Another challenge I would say is standardization of contracts. In early stages, there may be quite a few commercial contracts with multiple stakeholders in the startup ecosystem, such as suppliers, vendors, service providers etc., whereunder a startup may have signed up to onerous terms, such as say uncapped indemnity or not adequately covering for risks which may arise from the counterparty’s role in a contract. 

    For any such pitfalls, I prefer to explain the problem upfront to a client and then proceed to providing options which may be considered to resolve such issues, ranging from ones which could provide a quick fix for the time being to more robust and elegant long term solutions. Of course, there is gradation of the risk involved as well which goes into this process, so the client is aware which issue (and options available to fix it) needs their immediate attention as against the ones which could be addressed a little later in time.   

    Transitioning from being a law student to a successful legal professional can be challenging. What advice would you give to law students or young lawyers who aspire to follow a similar career path in corporate law and specialize in areas like mergers & acquisitions, venture capital, and private equity?

    Having interacted with quite a few students looking to enter the practice area, I would encourage young lawyers to explore their interests in law school and understand what their possible options could be. Thereafter, they should shortlist their areas of interest over the others, understand further on what each such shortlisted practice area demands. This can be easily achieved through their peer network of seniors who may be involved in those practice areas, and with the information publicly available. Understanding the rigours of the profession and what is required from their end in their formative years will go a long way in setting their expectations straight. 

    In addition to this, if young aspirants are interested in deal making, they need to do more than just understanding and reflecting the law in practice. Making a conscious effort to develop their commercial knowledge and understanding practical challenges and aspects which come along with deal making (including in terms of execution and implementation of structures) would give them a competitive edge by getting familiar with the challenges associated with deal making and solving for them. Such proactive steps would help them establish the contours of the profession and their capabilities quite early on. 

    Get in touch with Anantha Krishnan-

  • “The experience of handling complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics”- Adarsh Saxena, Partner at Cyril Amarchand Mangaldas.

    “The experience of handling complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics”- Adarsh Saxena, Partner at Cyril Amarchand Mangaldas.

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey to becoming a disputes lawyer, particularly focusing on what drew you to this field and how you navigate your career path to reach your current position at Cyril Amarchand Mangaldas?

    I was drawn to the law because of my love for debating and for solving puzzles. For the same reason, disputes were a natural choice. Being a first-generation lawyer, I opted to join a law firm because I felt that is where I would have the most opportunities. I was recruited directly from campus by what was then the Mumbai office of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS). After AMSS split in 2015, I continued working with the same set of colleagues at Cyril Amarchand Mangaldas (CAM). I worked hard and tried to approach each assignment with the same amount of intensity. Having the opportunity of working on unique cases has ensured that I have been regularly confronted with new challenges in areas of law that I have not previously encountered. I have been fortunate to have excellent mentors to guide me through my professional journey. This positive experience caused my continuation with AMSS/ CAM for over a decade. Becoming a partner in 2019 brought with it a new set of responsibilities. I believe that the most important of these involves managing a team and being responsible for the professional growth of my team members.   

    With your extensive experience in handling complex commercial litigation and arbitration cases, often with international aspects, could you share with us a particularly challenging case you’ve worked on? What were the key strategies you employed to navigate through the complexities of that case?

    A particularly challenging case I handled involved advising a court-appointed committee of administrators tasked with implementing reforms in a sports body. There were several stakeholders whose interests needed to be considered. Apart from the legal complexities involving multiple proceedings before the Supreme Court and different High Courts, I had to fulfil different roles including those of a traditional disputes lawyer (drafting pleadings, briefing senior advocates, and appearing in court) as well as those of a board-room advisor. There was little progress before the Supreme Court during the initial period. However, when different High Courts started passing orders in related proceedings and these were carried in appeal, the Supreme Court realised the need to expedite hearing of the matter. In this way, the strategy of precipitating matters before various High Courts helped progress the matter in the Supreme Court.    

    Your work spans across various sectors including sports, corporate governance, construction, infrastructure, media, banking/finance, securities, and energy. How do you approach transitioning between these different sectors when handling disputes? Are there any unique challenges or opportunities presented by each sector?

    I try to understand how each sector is organised and how the interests of each stakeholder are accommodated by the laws governing that sector. Applying this approach has helped me to understand the dynamics of the sector and I have found this invaluable when dealing with challenges unique to each sector. I have also been able to apply the learnings from one sector to another when I found similarities between them. The quality of the experience also plays a significant role. When you work at a large law firm, the nature of disputes that you work on are usually intricate and often first-of-their-kind. The experience of handling such complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics.  

    You’ve represented several large Indian conglomerates, a national sports body, court-appointed committees, and directors. Could you share some insights into how you adapt your approach when working with such diverse clients and stakeholders?

    Just like every sector has its own dynamics, each client has its own values and ethos. Often, two clients in the same sector will have different approaches to similar issues because of their organisational DNA. Some clients are primarily concerned with mitigating the potential financial consequences of a dispute whereas others are more concerned with retaining the trust of their customers/ suppliers and protecting their reputation even if that entails financial consequences. Working with such diverse clients and stakeholders requires a flexible approach that is in sync with the values and ethos of the client in question. I try to discern client priorities and, as far as possible, provide solutions that I believe will fit their value system. 

    Recently, you completed your LL.M. in International Commercial & Economic Law from the School of Oriental & African Studies, University of London. How has this additional qualification influenced your approach to handling disputes, particularly those with an international dimension?

    The experience of being in a classroom after over a decade of working in a law firm was enriching. Several of my professors were active disputes practitioners and came from different jurisdictions in Africa, continental Europe, the Middle East and the USA. The varied ways in which they dealt with issues that I faced during my work in India was extremely helpful in understanding the approach in their respective home jurisdictions. This insight is invaluable when handling disputes with an international dimension, especially in advising international clients and collaborating with international law firms. The course also helped me build upon my existing work experience in commercial dispute resolution and deepen my understanding of evolving areas like business and human rights.

    As a partner at Cyril Amarchand Mangaldas, you’ve not only handled legal aspects but also been involved in business development activities and managed teams. Could you share some strategies you’ve found effective in maintaining and strengthening relationships with key clients, as well as in managing and mentoring your team?

    I have found that understanding the commercial and other considerations that drive client behaviour is useful for empathizing with the client’s situation. For corporate clients, this helps me understand the pressures that the instructing legal officer is likely to be facing from the company’s business teams. This understanding is critical to ensuring delivery of quality advice in a timely manner. It is natural for clients to want to avoid disputes but I try to ensure that they remember me as the person who helped them on their last one. 

    Empathy has also been critical to managing and mentoring team members. For this purpose, I have drawn upon my own early experiences as a junior associate and listened patiently when my team members express themselves. One thing I have learnt over the years is to recognise that each team member is different. Staffing them on assignments that play to each team member’s strengths while giving them time to become more well-rounded professionals is a strategy that I have frequently employed. In my interactions with team members, I try to be as forthright as possible whilst ensuring that they remain motivated to constantly become better versions of themselves. 

    Looking back at your career journey, what advice would you give to law students or young professionals aspiring to build a successful career in disputes law, especially in the context of the Indian legal landscape?

    Based on my personal experience, I believe that there is no substitute for hard work. I have tried to treat every assignment as an opportunity to learn something new and not merely as a task to be completed. When appropriate, I did not shy away from making suggestions and providing inputs that went beyond what was asked of me. Having a positive attitude towards learning has helped me significantly. I have found that there is something to be learnt from each and every person, no matter how young or old. This has worked out positively for me and I believe that it will do so for any law student or young professional as well. 

  • “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share the journey that led you to pursue a career in law, especially considering your background and childhood ambition?

    I am from a backward district of Tamilnadu and I am one among the four daughters of my parents. Everyone opted for various professions, but interestingly, this profession attracted me more, even in my young days.  The reason might be that the Sub Court campus at my native is existing near to my school.  I was going to school everyday by watching the court campus, with the busy advocates roaming here and there with robes.  I was very eager to know more about it and lots of questions came into my mind and the same were clarified by my father who was a teacher by profession and the entire outcome was that this is the only profession where I could question anybody, however giant he or she might be. Further I found this profession makes one closer with human problems. I am fond of moving with people and would like to be surrounded with people always. The litigation area turned out to be a good option for me. This is the main curiosity that pushed me to choose this profession as my childhood ambition approximately from my 6th standard onwards.

    With 25 years of experience in law, what inspired you to specialize in labor, service, and writ matters, particularly in the high court setting?

    Yes… after choosing law as my career, I did not have any clear idea initially. But while studying the Constitutional Law and Administrative law as subjects, my mind was very much obsessed with various decisions of the Supreme Court and High Courts questioning the excessive actions or inactions of the Government and that had driven me to concentrate my work in the High Court.

    Founding a law firm, especially one like POLAX LEGAL SOLUTIONS, requires vision and determination. What motivated you to take that step, and what challenges did you face in establishing and maintaining it?

    Being a woman, I had to balance both family life and profession, though my family is a supportive system for me. Sometimes our presence is very much needed at home to take care of our elders, kids etc. My husband, Mr.Ramar is also an advocate on the criminal side but I wanted to establish a separate office, though he is very supportive to me in personal life and professional life. I felt the necessity of someone to continue my cases even in my absence to justify my Clients.  The same was felt by my friend, Mrs.Lakshmi. We both used to help each other in all our cases from drafting to arguing. This went well and we both realised our compatibility and thus the concept of a Law Firm was coined.  The Firm was conceptualised into reality in the year 2013. We both had the determination to continue the profession without any break and that was the main reason for the concept of this Law Firm.  It is also time to show our young woman advocates that persuasion and patience in the profession would make you withstand forever. We have to create our own path to success. Moreover, since it was my childhood ambition to become an advocate, I have never felt any stress or depression in my professional life. As we face different cases, dealing with each case needs to be addressed individually and so I feel refreshed in each and every case. In fact I enjoy working and I don’t see any difficulty in family life and professional life. So go by what your heart says and life is so beautiful.  

    As a founder-partner of a leading law firm, what are some key lessons you’ve learned about leadership and collaboration, especially in an industry that traditionally has been male-dominated?

    In fact, we don’t feel any difficulty in running the firm as all the junior advocates associated with us were more co-operative, helpful and played a vital role in running our Firm. Legal profession is basically a 24 x 7 job and all of us were ready to work even at midnight, if it is necessitated by considering the urgency of the case. In fact, we created an atmosphere of joining together, working together, growing together and celebrating together. It enhanced our personal relationship also. 

    Being recognized as the only law firm with women advocates as partners running for 10 years is a significant achievement. Can you tell us about the importance of gender diversity and inclusivity in the legal profession from your perspective?

    Of course, it is a male dominated profession. When I entered into this profession during 2000, the daily cause list consisting of the list of cases published in Madras High Court consisted of 95% of male advocates names. And there were only a handful of women judges at that time, though there were well performing women seniors were found at Madras High Court. But going by the years, this trend has now changed.  In fact, I had not considered any of my co advocates, either male or female, as my competitor. I felt myself as the competitor and hence I never felt that I am running in a race along with male.  But, the way male advocates and even male judges look at the woman advocates is absolutely discriminatory. I can put an incident, one Mr.X, who is a sitting judge now, when he was an advocate made a comment to me that “a woman from a good family will not come for this profession”. This did not resist me or my character, but it made me change my perspective towards him.  One more incident to be pointed out, one of the senior advocates, who claims to be a progressive thinker,  threw a question that “from where and how do you get briefs?”. I don’t think that he could have put this question to any of the male advocates ever.

    -as in all the fields, there need not be any discrimination between male advocate or woman advocate,  and it should be termed only as “ADVOCATE”. An advocate is an advocate and where does the question of woman advocate or male advocate arise? We both are doing the same work with the same effort and determination. Even today, the Judges used to identify by saying “woman advocate”. We don’t want to be identified and we are advocates as such. 

    You’ve had the opportunity to work with esteemed companies as clients. Could you share some insights into maintaining successful client relationships and handling high-profile cases effectively?

    The issues of the clients should be given much more importance from the time of discussion with them till explaining the outcome of the cases. It is also needless to say that we have to let them explain the exact disputes or issues they are facing. Then only we can advise them of the legal solutions and we should not blindly follow their words without substantiating documents. The right legal advice given by you will make the Clients have confidence with you, sometimes, the advice could be not to initiate any legal proceedings. The most important thing is we should not treat them as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation. To be precise, proper legal advice, and  transparency are the key to retain your clientele. 

    Considering your extensive experience, what advice would you give to fresh graduates aspiring to pursue a career in law, particularly those interested in practicing in high courts?

    If litigation is your option, then  be ready to undergo proper training under the guidance of a senior; Be ready to work for 24 x 7; Be ready to do all the work in office, either it is drafting, research work or clerical work; get updated with latest decisions in important cases of your area of practice; spend more time in reading either case papers or the decisions related to cases; Knowledge is power in litigation so get equipped; consider each and every work as an opportunity as each and every single work done during this period would be an experience for you.  

    Get in touch with Porkodi Karnan-