Super Lawyer

Tag: Partner

  • I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important- Jacqueline Aikin, Partner at Solomon & Co.

    I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important- Jacqueline Aikin, Partner at Solomon & Co.

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

    Ma’am, can you tell us about your journey and how you ended up pursuing a career in law, particularly in the corporate and commercial sector? 


    I was born and raised in Pune for the most part. Law just happened – I guess I owe it to the great institution in Pune – ILS Law College. I pursued CS and piano from Trinity College, London through school and college.   

    Through college years, I kept hearing that the legal profession is not for Pune, unless you know the local language well and want to pursue real estate law. I had an interest in business laws and had my eyes set on corporate. Bajaj Allianz was my first corporate job and after that, I moved to Suzlon Energy Limited at their corporate headquarters in Pune.  

    In the formative years of my career, I focussed on contracts, business risks and mitigation, and learnt that the key to understanding and working on a transaction is to “join the dots” factually and legally. Being in an in-house role, one can contribute effectively as a lawyer, once you understand the business. I worked extensively with cross functional teams and gained experience across the entire wind and solar industry value chain – right from IPR to supply chain management to project sales and execution, operations and maintenance. I also had the opportunity to work on some great corporate and cross border transactions and worked with some great professionals across the renewable industry as well as law firms. 

    With over 16 years of experience in law firms and in-house roles, what have been the highlights of your career so far? Could you share some key assignments or projects that you have worked on?

    Well, there are many such assignments, but to name a few that come to my mind right now  – once I was negotiating a supply contract with a supplier in Germany. Their lawyer refused to reason on any point, since he came with a “legal rule book”. There was no ability to negotiate with the lawyer at all, and the next round of negotiations happened with their business team – and we had very constructive discussions thereafter. This is why I always feel that we can’t just be lawyers without a business understanding, as it’s not efficient at all. I also enjoyed discussing litigation strategy with international counsels and negotiating settlements for the company. One of my most exciting negotiations was with a Spanish entity who didn’t understand a word of English. I was representing an entity that couldn’t fulfil their contractual obligations due to business constraints. We used a translator and hours of discussions later we settled a 12 Million Euro claim for a small percentage of it! I also enjoy working on renewable energy project contracts, as one has to factor in various dynamics of these vast projects, bearing in mind their long term impacts.

    You have cross-border exposure in various regions such as Europe, USA, UK, Brazil, Middle East, South Africa, Australia, Israel, and Southeast Asia. How has this global exposure influenced your approach to practicing law, and what challenges and opportunities have you encountered while working across different jurisdictions?

    Suzlon gave me a great global exposure, especially in dispute resolution and contract negotiations. It is important to understand the business dynamics, as it helps in negotiating contracts effectively as well as supporting  litigations wearing the business-legal hat. This also helped me to achieve many settlements of cross border disputes amicably.

    2 years into my professional career, I began travelling abroad and worked across Germany, Netherlands, Spain, UK, USA, Dubai and Singapore to negotiate transactions and support litigation, working with law firms across these regions. As a young lawyer this certainly does give you a high! Working with in-house counsels and law firms across the world also helped me improve my standards and quality of drafting and understanding of various cross border laws and their implications in the Indian context. I also really enjoyed traveling so there was overall learning and professional development on many fronts.

    What made you move from an in-house counsel to a law firm in Pune?

    Having worked for over 10 years as an in-house counsel, we would keep approaching laws firms outside of Pune for legal support. There seemed to be a void for good corporate law firms in Pune. Back in 2017, Pune corporates were expanding, the IT business was thriving, manufacturing set up was expanding in and around Pune, many foreign companies were setting up shop in Pune and the foreign investments were certainly boosting Pune’s economy. This is what made me explore opportunities to set up a law firm practice in Pune, and I soon joined Solomon & Co., to set up their Pune practice. 

    What according to you is the difference between an in-house legal role and law firm experience?

    Work wise, we had quite an extensive and in-depth approach to transactions even as an in-house counsel, so transitioning to a law firm wasn’t tough in that sense. What was challenging was developing the practice, in a city like Pune where people were either accustomed to not working with lawyers at all (unless there was a dispute) to only working with Tier A firms for corporate transactions.  

    Persistence paid and our first retainer mandate was a huge celebration indeed. The second biggest success was when we achieved our targets in Pune the first time.! It was indeed recognition for our hard work,  perseverance and the trust our valued clients had instilled in us. It has been over 5 years since we set up the Pune office, and I can say that I have been able to successfully develop a strong corporate and commercial practice in Pune, focusing on corporate advisory, M&A, private equity, joint ventures, collaborations, inbound and outbound investments and commercial contracts. Additionally, as a renewable energy lawyer, I have been supporting several renewable energy companies for Project contracts, procurement and consultancy agreements and technology collaborations for wind and solar energy. So, while we don’t focus on any particular industry as such, being in Pune I have been able to develop a strong practice in the renewable energy and automotive sector, and have been working closely with several renowned corporates in Pune. 

    As a result-driven individual with strong interpersonal skills, communication abilities, and positive work ethics, how do these qualities contribute to your success as a lawyer? How do you leverage these skills to build relationships with clients and achieve their objectives effectively?

    I would say that these qualities are very important to be a sound professional. While building the practice in Pune, as much as I was representing the brand of the law firm, I was also representing myself as a brand. This meant that only did I have to go all out to pitch for work, but follow it up by delivering a good work product. I have been consistently supported by a great team of talented lawyers here in Pune, and have tried to imbibe similar qualities in each of them. After all, if the quality of your work is good, you build credibility with your clients, and build your practice at a consistent pace. I guess this has been the driving force behind our growth story!

    Lastly, based on your experience and insights gained throughout your career, what advice would you give to fresh graduates or aspiring lawyers who are just starting their journey in the legal field, especially in the corporate and commercial sector? 

    I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important. Additionally, for lawyers, the way to provide sound legal advice to my mind is – reading every contract, case or transaction document in detail along with the law and business requirements. 

    My dad is a retired army officer and he taught me the “never say never attitude”. I learnt from him that hard work and maintaining relationships and goodwill is the key to success! And my mum taught me the important quality of “humility”. These value systems have guided me throughout my career, to tell a tale of perseverance, patience and hard work. My professional stints have been long term and stable, as success to me is beyond the numbers. 

    To the young ones, I’d finally say that the number game is definitely tempting, but it all falls in place at the right time if you have a diligent and persevering outlook. Like they say, “great things come from hard work and perseverance”. There are no shortcuts to success!

    Get in touch with Jacqueline Aikin-

  • IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

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

    Can you tell us about your journey in the field of law and how you ended up specializing in intellectual property?

    My journey of law began in 2010, when I got admission into Dr. RML National Law University, Lucknow. I was never particularly driven towards becoming a lawyer but was rather fortunate to “crack CLAT” owing to my academically sturdy graph throughout my student life. Without having any legal background or bent of mind, IP captivated me as a subject due to my musically wired brain and the brand conscious inner me. To my benefit, our IP professor in university made lectures fun and stimulating. Given my passion for music and quest for brand identification, pursuing IP-centric internships and choosing IP as a career path was a natural corollary.

    Ever since my graduation from college in 2015, I’ve been associated with Sujata Chaudhri IP Attorneys, a Noida-based IP firm and have been challenging myself to keep up with the changing pace of IP every year. Today, I advise and act for clients on all aspects of brands and their protection, including their registration, management, exploitation and enforcement, as well as copyright and design prosecution.

    You have worked with both Fortune 500 companies and start-ups. How does your approach differ when advising these two types of clients on aspects of brand protection?

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding. Right from startups to well-established and multi-national corporations, protection of human intellect holds utmost importance and deserves to be protected and cherished.

    While the practicalities surrounding the functioning of a Fortune 500 company and a start-up differ drastically, the applicability of the fundamental principles of law remains the same. Stepping into the shoes of the brand owners and understanding their current and future business needs is where the distinction in one’s approach to a matter really lies. While start-ups, generally speaking, are cost conscious and pick their battles wisely, it is imperative for lawyers to appreciate that every organization, irrespective of size, scale, funds, etc. has different priorities at different points of time. What may work for a Fortune 500 company may also, unlike the common perception, work for a start-up. Ultimately, it boils down to addressing a client’s needs in the most cost-effective and meaningful way.

    What, in your opinion, are the attributes that set IP lawyers apart from the rest.

    Creative thinking and having an eye for detail (having an OCD actually helps!) while juggling multiple matters. Research and writing skills go without saying, whether or no IP!

    With your extensive experience in handling trademark portfolios, oppositions, and domain name disputes, could you share some notable challenges you have faced?

    Statutory deadlines are absolutely sacrosanct in an IP attorney’s career. Missing one could cost you a client! Time is of utmost essence in a trademark lawyer’s day-to-day life. Those who can’t keep up with the pace might fade away…

     Some of the other challenges faced by IP lawyers revolve around the functioning of the Controller General of Patents, Designs & Trade Marks (CGPDTM). While the Trade Marks Registry and the Copyright Office have come a long way since I started practising in 2015, loopholes in the functioning of the offices, both due to administrative and technological reasons as well as inconsistency in stands taken by different officers, are bothersome and difficult to explain to clients. Being aware of the happenings in the offices and getting insights from friends and officials always helps appreciate situations better. My experience of filing complaints before the National Internet Exchange of India (NIXI) has been fairly smooth. The office has really streamlined its procedures and functioning over the years.

    How do you manage the coordination and collaboration with foreign counsel in different countries for trademark protection? Are there any unique considerations that arise in these cross-border cases?

    Corresponding with several clients across the globe having businesses in India and having business interests outside India, is a part and parcel of my day-to-day work. Breaking down complexities of the law in simple terms is the key to good communication. One should work on the assumption that the foreign counsel is unaware of not just the nitty gritties of your law but also the overview of it. Asking the right questions, seeking clarifications, if needed, anticipating questions from clients and factoring those in your advice are some good practices. Being in constant touch, and meeting, with foreign counsel at conferences also helps strengthens ties.

    You have appeared before various judicial and quasi-judicial bodies. Can you share a few examples of significant cases where you represented a client before the Trade Marks Registry, Delhi High Court or another court, and the impact your representation had on the outcome?

    I was part of the team that advised one of the firm’s international pharmaceutical clients on a time-sensitive litigation along with connected rectification and opposition actions, briefed senior counsel, Mr. Sudhir Chandra, and obtained interim and permanent injunction orders within three (3) months of filing the suit. I was also part of the team that represented one of the firm’s popular international apparel clients in a trademark dispute against an Indian retail brand run by the Aditya Birla Group. Although the lawsuit, filed in the year 2015, was aggressively contested by both sides, the dispute was amicably resolved with the parties becoming business partners in India. I also independently led settlement negotiations regarding use and registration of the rival trademarks, with an electricals giant in India on behalf of one of the firm’s international luxury automobile clients. The dispute, which started back in 2017 and entailed filing nearly 60 trademark oppositions on behalf of the client resulted in a robust co-existence agreement. Very recently, I secured well-known protection for one of the firm’s pharma clients before the Trade Marks Registry, that accords protection to the client over that trademark across all goods/services classes.

    You have been recognized for your contributions to the legal profession, including being a recipient of the “Honourable Mention” in the Indian Law Firm Awards 2021. What does this recognition mean to you, and how does it motivate you in your work?

    Such recognitions and awards are merely a validation of one’s perseverance and efforts over the years. It is the appreciation of my work by my Managing Partner and clients, and the reassurance that I get from my associates about my mentoring ability, that really matter the most to me. I truly believe that words of appreciation from someone you care about are great motivators, far more than any award/ tangible recognition. The power of words (and music) is supreme!

    Lastly, what advice would you give to fresh law graduates who are considering a career in intellectual property law based on your own experiences and insights?

    To really focus on their careers (read learning) by taking small steps every day, and not on money or “great international clients” in their initial years of practice. Looking for “growth” as, very often, candidates I interview tell me, is meaningless unless you know what this term means to you. Growth, for me, is a natural phenomenon rooted in every individual’s career trajectory and needs to be honed every year (not handed over on a platter that smells of good money). Do good work and money will follow…

    Being familiar with the IP subjects taught in law school, doing IP internships in your later years of law school, and being abreast of latest developments in courts and the IP offices would always give you an edge! With many offices and courts moving to virtual hearings post the pandemic, law graduates can observe proceedings virtually and get pointers on the practical functioning of these offices.

     IP offices’ efforts in fast-tracking procedures, digitization of filings at the IP offices and introduction of several specialized IP software have really changed the landscape of IP practice over the years. From days where all filings were done by hand, to today, where online filings are a norm, IP as a practice area for lawyers has come a long way. Besides this, the formation of commercial courts across the country and the constant enrichment of IP jurisprudence by the Delhi High Court, in particular, have further strengthened the IP industry and scope of this field for upcoming law graduates.

    Get in touch with Deeksha Anand-

  • I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

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

    Ma’am, as a conversation starter, please tell us reason behind you choosing law as a career? 

    I don’t come from a family of lawyers, so choosing law as a profession wasn’t the typical choice at the time. Law as a career played to my strengths. I was generally a curious child and I enjoyed reading, with a strong sense of self and wanting to do what’s right. Being a lawyer seemed like something I would enjoy for the rest of my life, and I still do 17 years later.

    Could you please elaborate your role as a cross border IP transactional attorney? 

    I assist foreign businesses that want to protect their IP in India, from identifying their IP assets to developing a strategy on how to protect this IP. This could range from a simple trademark or patent filing to a complex contentious dispute. In the transactional space, I assist international companies doing business in India by helping them negotiate the purchase or license of their IP assets. IP law in India has certain nuances that differ from other jurisdictions, particularly with the transfer of IP assets from one entity to another. My experience with these types of transactions has allowed me to provide very specific advice to companies where innovation is part of their business structure.

    How was your experience as a teaching assistant at La Trobe University? And what were your learnings from the same? 

    While I did my masters at university in Melbourne, I got a part time job as a teaching assistant in the same university. The role was to teach third year business students the Australian Corporations Law module. I would take the class with around 100 students in groups of 10-15 a class and go over their class work. It was pretty apparent from the start that these business students had no interest in law and were compelled to take the class as part of their business studies. So, I would set them interactive assignments, like play acting the cases that I needed them to remember. It was the most fun job I’ve had in my life. My biggest learning was not to take life too seriously and that work can be lots of fun.

    What keeps you motivated at work? 

    Motivating oneself is simply perspective. You can look at it as long shifts and mental exhaustion or you can feel the satisfaction of helping a client or winning a case. I choose the latter and that motivates me to put my best foot forward every day. Another huge motivation for me is to explore areas of law that many are afraid to touch, like the Metaverse and AI related concerns. This isn’t brand new; I’ve been watching and learning about this space for a few years now. I believe that more minds need to understand and work on laws to govern emergency technology. I’m very excited for the future.

    How do you spend your time off? 

    Like any other working parent, most of my time off is spent with my kids and their activities. It’s a balance of doing chores and spending time with the family. I have two daughters who will grow up to join other powerful women in the workforce. I am reminded daily of my duty to ensure that I lead by example.

    Coming to last question, any advise you would like to give to the budding lawyer out there?

    I’ve noticed lately that new graduates want jobs in one specific field of law right out of law school. Real world experience is needed for overall growth as a lawyer so my advice to new graduates would be to explore working in different fields of law initially before choosing to specialize in one or the other. Corporate law, in particular, is interconnected and an M&A lawyer with IP experience or a employment lawyer with some M&A experience would have an added advantage.

    Get in touch with Lynn Lazaro-

  • Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

    Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

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

    To start this conversation, please tell us about how you ended up pursuing law after pursuing B. Tech. What made you switch your profession from an engineer to a lawyer?

    Indian families continue to express an undue preference for careers in engineering and medicine, to the exclusion of all else. Fortunately, for me, I had a natural inclination towards the sciences and technology and did not in the least bit mind the push towards engineering. However, the decision to then forsake a reputed job in engineering for something as alien as patent law is not something that went down very easily with my family. After a prolonged debate with them, I was able to convince them that their ideas of law and its potential for social change and empowerment influenced me considerably. And that the best way for me to marry my interest in law with engineering was through patent law, a rather specialized field of law that was gaining prominence in India. I consider myself blessed to have found my niche so early in life without much experimentation.

    What was your motivation behind pursuing LLM with a specialization in IPR from USA?

    After having gained sufficient work experience on Indian patent law by working in a reputed IP boutique law firm in Mumbai, I wanted to increase my range of knowledge on patent law of other jurisdictions as well. U.S.A was my first option , since I was intrigued with the advanced patent law system there. It is also very important for a patent lawyer to have knowledge of the patent practice across various jurisdictions. As an example, an Indian patent lawyer is required to be abreast with patent practices across jurisdictions such as the US, Europe, Japan, etc, since a lot of Indian tech companies have international presence in these jurisdictions. In order to gain a competitive advantage in these markets, it is essential for these Indian tech companies to obtain patent protection therein. Taking into consideration these aspects, I decided to pursue an LLM with specialization in IPR from Illinois College of Law, US which specifically caters to candidates interested in pursuing a career in patent law.

    Could you tell our audience about the article which you wrote on “Software Patents -An Indian Perspective”?

    The above-mentioned article discusses the patent protection for software related inventions in India. At present, since software is the core of most of the technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. Since there is a lot of confusion around patenting software related inventions in India, we have summarized our observations on the same based on Indian case laws and the practice followed by the Indian patent office.

    Could you please elucidate your role as an Associate Partner with Krishnamurthy & Co (K Law)?

    I head the patent and design practice at K Law. Since our firm is a full-service law firm, other than the core patent and design practice, such as-prosecution, analytics and litigation, we also advise clients on IP aspects in relation to M&A, private equity and venture capital transactions.

    What hardships did you face during the initial days of your career and how did you overcome them? 

    During my initial days in the patent field, learning the art of patent drafting took some time, as there are no specific formats for drafting a patent application. Each patent lawyer will have a specific style of drafting patent applications. Therefore, to inculcate a specific style of patent drafting, which legally would be acceptable was a challenge. I overcame this challenge by going through numerous granted patent applications in India and other jurisdictions, to develop a specific style of drafting for various arts, such as electronics/electrical, mechanical and software related inventions.  

    What qualities do you think a good Patent Lawyer must possess?

    Inventors consider an invention as their own baby, since a lot of time and effort would have gone into developing the same. In this regard, a good patent lawyer must possess the following qualities in order to facilitate the inventor in monetizing the patent:

    Well-versed with the latest technology: Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with the cutting-edge technology.

    Language: Each term drafted in a patent application may be interpreted in different ways, hence clarity and succintness of language used in a patent application would be essential in ensuring patent protection for the inventor.

    Creativity: Patent lawyers have to be creative as the inventors they work with. For example, check with the inventors whether there are any alternative ways of protecting the technology, how a competitor may try to circumvent the patent, any other interpretation to the drafted patent application and emphasize on the problem that the inventor is trying to solve with the invention.

    Business acumen: A patent lawyer’s responsibility in addition to facilitating in ensuring patent protection for the invention is to enable the patent owner to monetize the patent. Therefore, apart from the technology, the patent lawyer should be aware of the competitors, market for the patented product, jurisdictions, where the patented product may be sold, etc. Basis which, the patent lawyer should develop a strategy in order to ensure the client uses patent as a tool in order to gain a competitive edge in the market and monetize the patent.

    Lastly, please tell us what keeps you motivated.

    Inventions whether just an improvement or a breakthrough cutting edge technology, make the world a better place. As a patent lawyer, we are privileged for having helped the inventors deploy the invention to the public. This is what keeps me motivated.

    Get in touch with Chinthan Japhet

  • Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

    Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

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

    Ma’am, please tell us about your decision to pursue law.

    During my preparation for the final year of my Economics Honors degree, I made the decision to pursue a career in law.

    Please tell us about  the hardships that you faced by you in your 18 years of experience in corporate laws and how you overcame them.

    Certainly, as someone with 18 years of experience in corporate law, I can attest that there are many challenges one can face in this field. However, I firmly believe that these initial hurdles can ultimately make you stronger.

    One common challenge for lawyers is obtaining good, high-quality work. In order to overcome this challenge, I have found that knowledge is absolutely crucial to advancing your career. Even during years when I didn’t have many quality clients, I never gave up on my belief in myself. Instead, I focused on continually educating myself by staying up-to-date on new regulations, revised and amended acts impacting corporates, and reading orders. By doing so, I was able to prepare myself to help corporates face new challenges in regulations and compliances.

    In short, perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law.

    Please elucidate about your international experience as a lawyer.

    I have been fortunate to have numerous opportunities to work on international transactions throughout my career. I have been involved in setting up companies and joint ventures in various parts of the world, as well as working on the acquisition of companies in Africa, Far East Asia, Europe, and beyond. In the course of these experiences, I have had the opportunity to work closely with local counsels and legal experts in each respective country, allowing me to gain a deep understanding of their unique internal laws and regulations.

    I consider my international experience to be an invaluable asset to my career in law. It has broadened my perspective and provided me with a wealth of knowledge and expertise that I can draw upon in a wide range of legal matters.

    We would like to know more about the  masters which you pursued from NLSIU in Business Laws and in what ways it has helped you in your corporate career.

    NLSIU Bangalore is a pioneer in offering Master’s program in Business Laws. It provides a comprehensive understanding of the various legal frameworks that are essential for businesses to operate successfully. Moreover, the program is designed in such a way that it not only imparts knowledge on laws but also focuses on developing essential commercial skills. This includes aspects such as understanding businesses of clients, commercial awareness, and negotiation skills.

    The program has certainly helped me in my corporate career by giving me a well-rounded perspective on how businesses operate in the legal sphere. Through this program, I have gained a deep understanding of various legal aspects related to businesses, such as regulatory compliance, corporate governance, and contract law, among others. Furthermore, the commercial skills that I have developed have been instrumental in understanding the businesses of my clients and working with them to achieve their goals.

    In short, pursuing a Master’s in Business Laws from NLSIU Bangalore has been an immensely valuable experience for me, providing me with a strong foundation of knowledge and skills that have helped me succeed in my corporate legal career.

    You have also advised on Data Protection policy and GDPR policy. Please explain your experience. 

    Perceiving the current scenario, the data protection policies in India are still in the phase of the Personal Data Protection Bill, which was introduced in Parliament in 2019. The bill aims to provide a comprehensive framework for the processing of personal data in India, including provisions for data protection, individual rights, and obligations for data processors and controllers. The bill is currently under review and is expected to be amended to address concerns raised by various stakeholders. Once the bill is passed, it will become a law, and all organizations operating in India will be required to comply with its provisions.

    At present, in India, we do not have any strict guidelines; however, industries and companies have started preparing to implement the terms of new guidelines, which are expected to be introduced in the near future. As a partner handling several data protection mandates at King Stubb & Kasiva, my team and I are helping our clients and their departments to ensure that they are compliant with the guidelines from day one.

    On the other hand, GDPR (General Data Protection Regulation) is a comprehensive data protection law that came into effect in the European Union in May 2018. The law applies to all organizations that process personal data of EU citizens, regardless of where the organization is based.

    GDPR has several key provisions, including requirements for data protection impact assessments, the appointment of data protection officers, and the reporting of data breaches. The law also provides individuals with several rights, including the right to access their personal data, the right to request erasure of their data, and the right to data portability.

    Our team at King Stubb & Kasiva has worked extensively with Indian companies having a presence in Europe to comply with GDPR by formulating policies for them and ensuring that our clients comply with all aspects of GDPR. The team is well-versed in the requirements of GDPR, and we help our clients to navigate the complexities of the regulation to ensure that their businesses are fully compliant with the law.

    Apart from working, what do you prefer in your free time? 

    In my free time, I enjoy exploring rural areas and helping out in schools or medical facilities. I also like to spend time gardening and listening to music.

    Lastly, what kept you going on in all these years?

    What has kept me going in all these years in the field of law is my passion for the profession and my desire to continuously learn and grow with always motivated and enthusiastic team at King Stubb & Kasiva. I am constantly inspired by the challenges and complexities of legal issues and the opportunities to help clients achieve their goals. Additionally, I am motivated by the positive impact that my work can have on businesses and individuals, and the satisfaction that comes with contributing to the greater good. 

    Get in touch with Foram Shah –

  • Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking

    Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking

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

    At which point in time did you decide that you wanted to pursue a career in law?

    I belong to a family of doctors and have virtually no lawyers in my family, however, something about the profession always excited me. I do not think that there was a particular point in time when this decision was taken, but in Class XII when I was expected to prepare for Pre-Medical Tests, I found myself looking at Law School brochures instead. Things moved fast and I joined Symbiosis International University, Pune soon after. I do not regret the decision at all and am grateful to have found my happy place.

    You have completed Bachelor of Civil Law from the University of Oxford. Can you share a roadmap which will help graduates aspiring to pursue their higher studies from such prestigious institutions?

    There is no specific roadmap really. Every university is different with distinct parameters to determine eligibility. Standing out is of utmost importance for candidates.

    For University of Oxford, primary impetus should definitely be on securing excellent grades, as the University accepts students from only the top 1-2% in a batch. Besides, it is good to have some solid co-curricular activity on your resume, such as moots, debates etc. Demonstrating passion for a hobby or an interest outside work is also appreciated. Lastly, an original, well-articulated Statement of Purpose helps, which would demonstrate how a candidate is unique. Although I attended Oxford after working for 5 years in a law firm and had never applied for judicial clerkship, many of my classmates had worked as a judicial clerk after graduating from a law school.

    Can you share some of your learnings, both on academic and non-academic fronts, while you were at Oxford.

    Oxford has definitely taught me to be systematic, disciplined and thorough. Considering only the sheer volume of the course material, it was a task to keep up in class. The course material would be circulated to students well ahead of the class and it was expected that every student would be thorough with it before class. In class, we would discuss, dissect, and analyse the material. We would also write our own papers for tutorials and debate the same with the Professors. We were always encouraged to question, probe, challenge and argue, develop new theories and pen them down. I enjoyed the entire academic experience.

    As far as non-academic fronts go, the University has a strong network of alumni, and I am in touch with some great friends I made there. The University also has a hectic social life with sit-down dinners, wine and cheese evenings and BOP (Big Open Parties). I have attended my fair share of these, including the long walks beside the Cherwell. Overall, I cherish the year and all it brought.  

    Being a litigator, you work in several areas like commercial litigation, arbitration, insolvency matters, intellectual property, constitutional law, real estate etc. Is it challenging?

    Every area of law is important and challenging in its own way. I am extremely passionate about my work. As a litigator, it is important to appreciate and understand the business aspects of a transaction and only then can you provide commercially viable solutions to your client. It is also essential to adapt to the ever-evolving commercial environment and analyse how the advice and strategy will affect the client’s business. There is a new challenge every day, but I thoroughly enjoy the rush of adrenalin it brings.  

    Given your busy schedule, how do you allocate time for authoring research papers? Do you think that publishing papers, as a lawyer, boosts one’s career?

    I am generally interested in writing about recent legal developments, and it is also a great way to stay updated, as writing also involves a lot of reading about the subject. Publishing papers improve visibility and demonstrate knowledge. It can also act as an excellent conversation starter. I have had many clients and peers approach me to discuss a particular paper I have written, and provide insights on the same. It is an effective way to stay connected to the larger ecosystem.

    How do you keep yourself updated with the current legal trends, given your busy work schedule?

    I am a voracious reader with varied interests. I subscribe to the databases available and follow them regularly for updates. I try to set aside some time during the workday for this purpose. Besides, Argus Partners has an extremely active and focussed Knowledge Management team that circulates regular updates on current developments, and this helps me keep updated.

    Do you think good grades and moot court experience are necessary to be a good lawyer?  What else do you think is required?

    I don’t think there is one formula to anything. Good grades demonstrate consistency and dedication but there is no hard and fast rule that everyone who scores high marks in law school turns out to be a great lawyer. The reverse is also true. Participating in a moot court is important as it enables young minds to analyse legal issues, research on them, draft contentions and argue, but the professional world is very different from the life a law school offers. What is important for a young professional is to keep learning and stay focussed.

    How important do you think it is to network with fellow lawyers and those from the professional front to grow in one’s career?

    Networking is an important building block. It is important to learn from others, share experiences and insights, and be a part of the larger legal community to build connections. Networking increases visibility, enhances professional reputation and helps develop a strong personal brand. In this age, it is important to be present and active on social media applications, such as LinkedIn. One can learn a lot from one’s peers.

    What advice would you give to a legal professional just starting out?

    One should demonstrate a zeal to learn, hard work, integrity, and ownership. Every assignment should be treated as an opportunity to bring out the best. I always tell my junior colleagues that they should be prepared for the long haul and not get distracted or demoralised with minor setbacks. Find a mentor, if possible, and learn from them. The journey is challenging, but consistency will bring success despite impediments.

    Get in touch with Pooja Chakrabarti-

  • “I believe the legal industry is rapidly moving towards specialisation”- Abhishek Dadoo, Partner, Khaitan & co.

    “I believe the legal industry is rapidly moving towards specialisation”- Abhishek Dadoo, Partner, Khaitan & co.

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

    What inspired you to pursue a career in corporate law?

    It was the money. On a more serious note, I was quite lost as a law student on my preferred career stream. My best learnings (and finally my decision) was based on my internship experiences. I liked participating in moot court competitions and learnt a lot during my supreme court internship – but I enjoyed my corporate law internships a lot more. To me, the nature of work (in corporate law) was very interesting and I ultimately decided to pursue the path I enjoyed more.

    Can you tell us about your specialized practice area of Public M&A?

    Public M&A is a practice area focused on listed company transactions. I typically advise financial sponsors and strategic investors in navigating through a complex web of Indian securities laws (such as the insider trading regulations, takeover regulations, etc) which are triggered while dealing in shares of listed companies.

    Public M&A requires expert knowledge and experience about the interplay between various stages of the deal – for instance, a control deal of a listed company generally triggers a mandatory tender offer, requiring the contracting parties to upfront factor various possible outcomes on account of unpredictable public tendering. While most deals are friendly / negotiated, the listed space occasionally witnesses hostile takeover bids and this has been a source of great offensive and defensive learning in acquisition strategy.

    What have been some of your most interesting matters thus far, if you can just share a glimpse of them?

    I have been fortunate to advice on various interesting Public M&A matters, including financial and strategic investments, and hostile takeovers of listed companies. While each Public M&A deal is unique and carries its own set of challenges, some of the matters on which I learnt a lot include: (i) Reliance Group’s acquisition of controlling interest in Justdial, (ii) Sale of Majesco (a NASDAQ listed subsidiary) of Majesco Limited (an Indian listed company), followed by distribution of sale proceeds through dividend and buyback by the listed company, (iii) acquisition of controlling interest in Tide Water Oil Limited (a government owned company), (iv) the attempted delisting and voluntary open offer of Vedanta Limited, (v) an unsuccessful bid for the acquisition of controlling interest in Ambuja Cement / ACC, and (vi) litigation on shareholder rights in Zee Entertainment.

    What challenges have you faced in this field so far and to what extent you acknowledge the role of mentors?

    I have been extremely fortunate to receive mentorship and guidance from some wonderful people. In particular, I have looked up to and learnt immensely while working with Late Mr. S. H. Bhojani, Mr. Cyril Shroff, Mr. Nihar Mody, Mr. Haigreve Khaitan, Mr. Sudhir Bassi, Mr. Arindam Ghosh and Mr. Aakash Choubey. Each one of them has been an incredible mentor and teacher. True masters of their craft, they have all inspired me in more ways than one, and I have sought (and received) their valuable guidance on various aspects of life.

    How has the legal landscape in this field changed over the years?

    I believe the legal industry is rapidly moving towards specialisation. Clients look for efficient delivery of service at reasonable costs – the HQHF (High Quality Honest Fee) model – this is best achieved by utilizing expert or specialised resources to deliver optimal output. For instance, a focused Public M&A team, having already navigated various nuances and complications of listed company deals, is far better equipped to structure, execute and complete a transaction in a time (and therefore cost) efficient manner. A legal advisor’s role has substantially evolved over time – a legal advisor can no longer choose to be myopic about the specific legal issue she / he is advising on. Instead, it is generally expected that legal advisors look out for the overall commercial (and not just legal) interest of their clients. This is the role of a ‘trusted advisor’, who thinks above and beyond her / his call of duty, all to protect the interests of her / his client.

    What strategies do you use to ensure successful negotiations?

    An M&A lawyer broadly requires three essential skills – let us coin it the LDC matrix. The first, knowing the law (that is a no brainer and probably the easiest one to master). The second, understanding the deal – this is a bit more complex – to effectively guide a client, the lawyer must assess not only whether the intended transaction is legally viable but also guide his client on whether the deal conforms to the client’s values and long and short-term commercial vision. The third, create a spirit of collaboration – M&A negotiation by its nature can be adversarial – but it is important to remember that it is the beginning of a new relationship. The most successful deals are where both parties walk away winners.

    I have forged strong professional and personal relationships with the counter party and its counsel during negotiations – and that bond has only helped smoothen out future deals we have done together.

    How do you stay abreast of the latest developments in the industry?

    There is no short cut to keeping up with the latest developments –  the only option is to put in the hours and read. One approach which I try to adopt is writing articles about new and interesting developments in the Public M&A space. This ensures that I read and learn about the topic, and at the same time I am able to share my knowledge with others. Needless to say, I am indebted to my co-authors for the articles (typically, they put in a lot more work than I do). Another approach we follow (as a Public M&A team) is to regularly brainstorm on new developments and trends in this space – it helps spread the knowledge / experience of one to the entire team – and we are all the smarter for it.

    What advice would you give to someone just starting out in this field?

    Be curious and work hard. Ask lots of questions. Looking back to my internship days, I used to ask way too many questions (partly because I was curious and party because I wasn’t smart enough to figure a lot of things by myself). And trust me, it is appreciated that you are interested and are willing to learn. Do not be afraid to make mistakes, it is a part of your development. We make mistakes even today. Simply put, the more mistakes you make, the more you learn.

    What do you find most rewarding about your work?

    I really enjoy my work and admire the people I work with. I believe those are the two most important elements of a rewarding career.  

    Please tell us how you create a work-life balance?

    There is (unfortunately) no magic formula to work-life balance. A career in corporate law is certainly demanding – but there are ways to find balance. Some phases are tough, and others are light. Idea is to work hard when deals demand it and dial down when things are light. In general, team work plays an important part in finding balance – I sincerely believe there is nothing a well-coordinated team cannot achieve – including supporting each other and achieving work life balance.   

    Any parting thoughts you would like to share with our young readers?

    I say this often – knowledge and experience are both privileges – when you can, always pay it forward. Use every opportunity you get to teach, educate, write about your learnings and help spread your knowledge to benefit those who might have use for it. This is bound to help create a better and smarter ecosystem and community of lawyers.

    Get in touch with Abhishek Dadoo-

  • “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team.

    Ma’am, as a conversation starter, our audience would like to know about your story of being a Lawyer.

    I didn’t start off wanting to be a lawyer. I took up commerce after Grade 12 and completed my graduation. I enjoyed accounting but I didn’t really see myself doing numbers. It was a very critical time of my career and I starting thinking what to do next – MBA or law or something else. I don’t have lawyers in my family so it was not an obvious choice for me. But I thought law college would be academically challenging and interesting. It really wasn’t until I joined Government Law College and started my articleship with Ms. Kalapana Merchant at a solicitor firm that I thought I would like the pace of law.  One of the things that I liked about my articleship was that it gave me a flavour of different streams of law i.e. corporate, intellectual property, real estate and financing . After graduating from law college and qualifying as a solicitor, I decided to focus on corporate law as it excited me the most. I have worked as a lawyer for about 15 years. Currently, I am a partner at Quillon Partners, a law firm which focuses on M&A and private equity.

    Being into the legal profession, you must have heard things like “real-estate is not for women”, what are your views upon this?

    While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field. Fundamental changes introduced in the real estate laws by the Real Estate (Regulation and Development) Act, 2016 have led to greater transparency in the real estate sector and women lawyers no longer shy away from entering this sector.  

    Could you tell us about your struggles as a woman lawyer?

    There was a time when I wanted to focus on my family. I like to try different things – so I took up knowledge management (KM), business development and human resource which are very different and interesting roles. While knowledge management was nascent in 2011, law firms had started giving KM importance with several laws undergoing changes e.g. the Companies Act was completely revamped in 2013. During this time I also got an insight into Business Development.  Often different roles, help you to draw from one to the other. While I did KM, the corporate experience I had helped me and then when I went back to doing corporate law – the KM and Business Development experience helped me immensely. I still continue to be involved with the KM, BD and HR functions of the firm.   

    We see a lot more women lawyers now. However, as one progresses up the ladder of seniority, the scales start to tip with a decrease in the number of law firm partners being women. This landscape is starting to shift and many Indian law firms like international law firms are now working consciously towards inclusiveness and gender diversity. Personally, I have had very supportive seniors at Quillon Partners and they have been very encouraging. 

    Please shed some light upon your role as an M&A Lawyer.

    The role of an M&A lawyer varies from transaction to transaction depending on the kind of the transaction and who you are representing (e.g. buyer, seller, company). M&A lawyers have a versatile and extensive role throughout the transaction. All the legal mechanics of a transaction, including negotiating and drafting agreements to reflect a commercial deal, arranging finance and liaising with the client and their other advisors. Typically, in most transactions, it involves advising, planning, structuring, due diligence, drafting of the transaction documents, negotiations, obtaining regulatory approvals and finally closing of the transaction.  

    How do you see the M&A sector in the coming 5 years?

    Globally there was a dip on the deal street in 2022 due to several factors, including war and inflation. India seems very attractive to many global firms post Covid with investments in China taking a back seat. Mergers and acquisitions in India are expected to increase in 2023. The deal market is expected to be active in several sectors such are pharmaceutical, technology, infrastructure and healthcare. Therefore in-bound M&A investments are likely to increase. Out-bound foreign investments are also on a rise with the recent changes to the regulatory framework. India is expected to be a very attractive investment destination given the benefits of demographics, cost arbitrage, presence of large consumer market and democratic stability.

    Coming towards the end of the conversation, could you tell us three qualities which an M&A Lawyer must possess?

    Constant thirst for knowledge– legal technical knowledge is important but learning can’t stop with formal education. We have opportunities to learn new things in just about everything we do and from everyone we meet. It could be learning from a past deal, keeping oneself abreast with new laws, adapting to new technology, or learning people skills, it is a constant never-ending process.

    Being organised and structured – usually in most deals, time lines are tight and one needs to break the tasks and prioritize work streams in order to be able to service clients efficiently. Keeping an eye on the ball is key.

    Enjoy what you are doing – there are often personal sacrifices, sometimes long hours and only if you enjoy what you are doing, it’s worth it.

    Get in touch with Shriti Shah-

  • Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

    Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

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

    What was your “slam-book career aim”? How well did it go?

    There wasn’t any slam book career aim as such, but if I have to consider the pivotal point at where I figured out what to do in life that would be in my second year of law school, where I had a couple of friends leave for national law schools after the first year and that made me think about the next steps in life. After that there was no looking back, I interned and mooted whenever and wherever I got a chance.

    All of the internships I did were with different types of organizations involved in diverse areas of law. The aim became to explore and experience everything in law to find my niche and I continue to follow and give the same advice to my juniors and peers as well. 

    For a law student, one must keep on getting evolved and updated with all areas of law to be a jack of all trades and to figure out what is one’s own perfect field to master. 

    As for how well it went, I leave that up to others to tell me. 

    You did LLM and now PHD from well-known universities, how do you carve out time for different responsibilities?

    Honestly, if you ask me about the higher degrees (both LL.M and my PhD) was solely because of my mother, who wanted me to have a “Doctor” in front of my name and nothing more. I don’t see myself reaching here without her nudge. 

    For the remainder of this question, “It takes a village to raise a child” for which I am extremely grateful to my seniors, mentors and colleagues, who stepped in and allowed me those absences from work and always had my back and encouraged me to do it and fulfil my mother’s dreams both professionally and personally. (It’s also one of the reasons that the Acknowledgement part in my thesis is over five pages long)

    On a side note, I encourage all students to keep studying alongside work and learning new areas of law in the early years since time is a commodity, which you have plenty of in your early formidable years and scarcely later in the profession. 

    You were an avid mooter in law school. Do you believe that mooting helps law students to face real-life scenarios?

    Absolutely, I believe that every law student should at least try one external moot during their stint in law school.  

    Mooting not only helps to figure out one’s likes or dislikes in the area of the specialization but also builds the fundamental traits required for an advocate. It helps you to think on your feet, research areas of law and recent issues which you remember forever and more often than not makes you more focused towards your final goal alongside making bonds of friendships with your batchmates and friends even stronger. 

    Nowadays, besides Mooting, there are a lot of different opportunities for law students such as Client Negotiations, ADR/ Mediation Negotiations, Model United Nations etc., which I believe all students should work on. I have been judging some of these new formats of competitions and it is pretty interesting and a good way of improving their oratory and communication skills given the international angle and exposure in such competitions. 

    As a first-generation lawyer, you have moved from a chamber practice to a tier-1 practice, how has your journey been so far? Would you say the opportunity a firm provides for a young lawyer is worth the trade-off in building a reputation?

    This is a complicated answer and this question has possibly taken me my entire career of 11+ years to think about and possibly answer correctly. 

    I think it was Matthew McConaughey who said, “I need each day, something to look up to, another is something to look forward to and another is someone to chase” which is what I would say has been my journey so far. It has been extremely fun filled with various learnings and lessons and has been extremely fulfilling. 

    I started with a wonderful senior and mentor, who trained me with the ways of the various High Court s and District Courts and provided me with the guidance, support to even take private matters and gave me opportunities to appear and address the Courts including my very first day at his chamber. I could give you stories upon stories as to why a good senior and mentor in the profession are key in one’s formidable years and that’s what makes or breaks you.

    Once he got elevated, I moved to another amazing lawyer and his firm, who gave me a lot of opportunities to spread my wings and allowed me to develop and learn the finer things in the legal profession and when I thought I was ready to move on the greener pastures I moved into the tier-1 setup with my current partner and team, who gave me ample opportunities in the most complex and high stake litigations and allowed me a free hand to do what I do best for which I shall be eternally grateful.

    While I believe, that my shift from chamber to tier-1 practice has not had any trade-offs as I have been graced with wonderful opportunities which have only accelerated my growth to become the best version of myself professionally. However, after being a partner in a tier-1 firm, I am of the view, that one shouldn’t directly start with a tier-1 firm at the beginning of their career especially if you have Disputes/Litigation as a career in mind since one needs basic leg work and understanding of the Courts which is not possible in the high-stress environment of the law firms and once you are aware of the basics then the shift to the hustle and bustle of the law firm is much more fruitful.

    In essence, you need to start from the peewee league and hone and develop your skill and game to reach the Yankee’s majors.

    What are your areas of expertise, and how did you come about them?

    My areas of expertise include civil, commercial and criminal disputes, domestic and international arbitrations (both institutional and ad hoc), Cyber, Insolvency and Bankruptcy Law, IPR, Telecom, Gaming and Competition Laws. 

    My mixed bag of expertise is essentially the exposure and opportunities that came my way and it continues to grow each day. 

    You are one of the few tech-savvy lawyers, how did your tech knowledge help during the Covid-19 pandemic?

    I have been arguing through Tablets and Laptops in the Courts and have been pretty much paperless for the past many years so when the virtual setup got expedited and replaced the traditional courts in the beginning, I didn’t face the learning curve which some of my peers did. I was in fact, amongst the first few listed cases when the Courts went completely virtual in various states and was able to argue my cases without too much trouble. Moreover, I had access to all of my files and data for the earlier matters and fresh filings etc. were done by scans so I managed the covid litigations from home fairly easily.  

    The Supreme Court, Delhi High Court and some of the other tribunals also started their e-filing portals so it was easier to have fresh matters filed, reviewed and argued completely digitally. We had tallied that during the pandemic we had filed and argued over 200 odd matters and it was all very seamless.

    Since we have the infrastructure now I hope that the e-filing and virtual system continue for times to come and doesn’t get disbanded. 

    You are a certified mediator with the Delhi High Court Mediation and Conciliation Centre “Samadhan”, tell us about your role and responsibilities.

    I was inducted as a mediator with Samadhan in the year 2017. Samadhan is the result of the joint initiative of the Bench and the Bar of the Delhi High Court who have committed themselves to Mediation as an appropriate method of Alternate Dispute Resolution. As a mediator, the organising committee assigns your cases and you do your best to assist the parties to reach their mutual settlement under the aegis of the Centre. Being the techno-savvy one, I have also assisted Samadhan to set up their website, which is live at https://dhcmediation.nic.in/

    What key tips do you suggest to the lawyers in the present scenarios?

    The legal fraternity has exploded with brilliant talent in recent years and as it continues to grow I have seen some stark improvements and differences. The newer generation of lawyers are confident and have a clear path to the areas of law that interests them.

    If I had to give my two cents for the newer lot and especially for the young budding lawyers who wish to explore litigation, is for them to have more patience, be more compassionate, embrace innovation and most of all stay passionate in this field. This field has a lot to offer but equally requires a lot from you.

    Remember that You can’t be an overnight success but with hard work and persistence, you will definitely prevail. 

    Besides the salient tips in the above questions, I leave my brethren with the thought of the famous comedian Jerry Seinfeld, “To me, a lawyer is basically the person that knows the rules of the country. We’re all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box.” 

    Get in touch with Abhimanyu Chopra-

  • Abhishek Nangia, Partner at RNA, Technology & IP Attorneys In a Discussion With SuperLawyer On Freelancing In Legal Profession and Insights On ‘Fake Consumer Reviews’

    Abhishek Nangia, Partner at RNA, Technology & IP Attorneys In a Discussion With SuperLawyer On Freelancing In Legal Profession and Insights On ‘Fake Consumer Reviews’

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

    What was your motivation behind choosing law as a career?

    When I was in school, I would often express my interest in becoming a pilot.  However, during my high school days, I used to have regular discussion with my uncle, who was an advocate practicing on the civil side in the Delhi District Court. He would share details of interesting litigation cases handled by him.  The discussions would sometimes stretch for hours and the court experiences shared by him were quite intriguing. These discussions were instrumental in developing my interest in the field of law and I seriously started thinking about pursuing it as a career option.  My family supported me as well and I enrolled myself with a law coaching institute after class 12 board examinations to prepare for law entrance examination.  As luck would have it, I cleared the entrance exam and joined Amity Law School in the year 2000.

    Please share the challenges that you faced in the beginning of your career?

    The first challenge was finding a lawyer or law firm that would offer internship. Though I was fortunate to be offered a job on the basis of my internship during the final year with a leading corporate law firm in Delhi, the renumeration offered was not enough to even cover my expenses and made me realise it will take a while to be financially independent. I spoke to my seniors in the profession and was told that there is a long career ahead of me and the focus should be on learning during the early stage, and most firms do not pay or pay a nominal amount to fresh law graduates

    I accepted the offer and started working at a leading corporate law firm with full vigour and sometimes did not get an off during the weekend too (which was an eye opener for me!). I worked on different facets of law – Companies Act, Labour Law, Contract Act, Tax law, IP law, vetting of Agreements and opinion work. It was interesting and challenging considering all the subject areas were new for me and it involved spending lot of time sitting in the library researching on the topic but at the same time I was excited with the exposure that came my way. I would ask numerous questions. Somehow, I developed an interest in the field of IP and thereafter worked in law firms specializing in the field of IP law. The experience and the knowledge gained during my stint at a leading corporate law firm during my first job has proved to be immensely beneficial!

    Another challenge which I faced was to prove myself at the workplace despite putting in long hours. The initial struggle and challenges made me rethink if I have chosen the right profession.

    Today, when I look back, I believe that the advice received at the start of my career to focus on learning was indeed the right advise and I do not hesitate to pass it to on to the budding law graduates.

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

    Freelancing in the legal profession is actually working as a sole practitioner. My advice would be to do it if you are mentally strong to bear the uncertainty in workflow and resultantly the monetary reward. It offers flexibility and comfort, and the individual can pursue the hobbies or spend more time with family. They can work as much or as little as they want. 

    Self-discipline, timely delivery of work and good networking skills are crucial to master the art of freelancing or being an independent practitioner.

    What are your thoughts on “Moonlighting” and please share its legal implications as well

    Some people believe that Moonlighting is ethical because it allows people to earn extra money to support themselves or their families. Others maintain that moonlighting is unethical because it amounts to cheating (due to conflict of interest) and is unacceptable.

    In my view, Moonlighting is likely to have an impact on the employee’s productivity, possibility of confidential data (names and details of client/potential clients, customer/ supplier name, power point presentations etc.) being shared and use of resources of one company for another cannot be ruled out. According to me, it is a serious misconduct.

    Though, there is no specific law that completely bans Moonlighting, the offer letter or employment contracts are often referred to determine whether it is permitted or not. If the employee engages in Moonlighting in contravention to the terms of employment, he can be held liable for breach of employment contract and proceedings under the Indian Penal Code and Information Technology Act can be initiated in a court of law. It is imperative for employees to adhere to their employment contracts to avoid any legal trouble.

    Abhishek, there has been a lot going around the Data Protection Bill, 2022 since it came up, but we would like to take your views on the same as well!

    The Digital Personal Data Protection Bill refers to

    • Personal data only of a “person” unlike PDP Bill. The PDP Bill addressed sensitive personal data; however, it is missing in the revised Bill. The definition of personal data includes ‘any data’ and presumably includes sensitive data.
    • Relaxed rules on cross-border data flows. The draft Bill mentions that list of countries to whom data fiduciary may transfer personal data will be notified.
    • Deletion of personal data once the purpose for collection is no longer served, or the retention is no longer necessary.
    • Hefty penalties for non-compliance but which are capped without any link to the turnover of the entity.

    The potential areas of concern could be

    • Fixed timelines are missing and may lead to delays – Lack of timeline for the Data Protection Board to complete the inquiry, adjudicate the complaint. Also, lack of timeline to cease processing of personal data (in case of withdrawal of consent by Data Principal), no deadline for the data fiduciary to erase personal data that is no longer necessary etc.
    • If non-compliance is not significant, the Data Protection Board may close the enquiry, and will impose penalty in case non-compliance is significant. The use of the expression “significant” does not seem to be appropriate and may lead to faulty/individualistic interpretation.
    • Wide definition of public interest. 
    • Indian government and state agencies granted exemptions from the proposed law in the interest of national security.
    • Central government is allowed to exempt any data fiduciary from the provisions of the draft Bill and
    • Reduced independence of Data Protection Board to oversee the provisions of the proposed legislation. The Data Protection Board shall be established by the government. The establishment of the body by the government has its own set of problems – lack of resources and technical expertise of members may lead to issuance of erroneous decisions.  The delay in appointment of officers is not uncommon and may not lead to speedy disposal of grievances.

    As per the present times, what are some of the skills that are in demand in the legal profession? Please brief our audience wrt both litigation and corporate point of view!

    • Oral and written communication skills – Good orator and storyteller.
    • Understanding the client’s business and requirements and how you can add value.
    • Problem solving ability and ability to think ‘out of the box’.
    • Negotiation, engaging other side in a discussion especially during settlement discussions. I believe in the mantra – not everything is worth taking to the court.
    • Adopting ethical business practice to achieve the desired goal.
    • Managing client’s expectations.
    • Managing work and time.
    • Being aware of the business and legal developments.

    We have seen “N” no. of cases wrt fake consumer reviews, how can guidelines be better drafted to avoid the same?

    Yes, this is an area of concern. The government has recently issued guidelines to curb fake consumer reviews and unverified ratings on e-commerce websites, online food delivery platforms, social media platforms, hotels and travel-booking platforms. The guidelines come into force from November 25, 2022. 

    As per the guidelines, authors submitting reviews online will be required to verify their identity by platforms. Platforms will need to verify consumers’ identity from email address, phone numbers, IP address etc. The compliance to these guidelines is currently voluntary and may be made mandatory if the menace of fake reviews continues. The government has unveiled a new standard on “Online Consumer Reviews” that will be managed by Bureau of Indian Standards (BIS). Global bodies – including U.K.’s Competition and Markets Authority (CMA) and Federal Trade Commission in U.S. are working towards limiting misleading reviews online. 

    The crackdown on fake reviews is a positive step and clearly conveys the message that protecting consumer interest is of paramount importance!

    Do you see any challenges that AI and Legal Tech have created so far with respect to privacy and other aspects? 

    Global LegalTech Artificial Intelligence Market size is projected to reach USD 10,351 million by the end of 2030, growing at a CAGR of 33.50%.  The advancement of technology has brought its own set of challenges. Data security and privacy concerns are the key challenges considering lawyers handle confidential and sensitive information. The challenge is to deliver secure legal service considering the chances of experiencing security breaches becomes even higher with the advancement in technology.

    Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium? 

    There has been a lot of discussion on this topic and more so during Covid phase when there was increasing focus on health. In particular, if there is any right formula to maintain work-life balance. In the past two years, there has been a lot of focus on mental health.

    During my initial years, I would work till late in the office and it I started to develop health problems. I made changes in my working style and prioritized health over work.  I have been working from 8 am-5 pm strictly for the past 14 years and have been quite successful so far. I am the first one to open office and leave on time in the evening.  At one point, I used to go to work out in the gym during lunch hour. I use my time in office carefully (without taking frequent breaks during office hours) and it has helped me in leaving without carrying any baggage or thinking about unfinished emails to spend time with the family and have a good laugh! The mini break helps me to rejuvenate. In fact, I do not encourage juniors/support staff to work late on a regular basis considering it is the general trend in most of the law firms. I must add here that health and wellness sessions are organised at my current workplace and the office has been very supportive on maintaining healthy lifestyle and work life balance.

    Another thing I have done is delegation of work and have trained team members so that they can handle basic tasks independently. This has reduced my workload and the team members are happy with their professional growth as they got the chance to work on something new and build their skillset.  During weekends, I take out time for cycling or go for a long walk. I keep a watch on emails; however, I consciously stay away from responding to emails unless it cannot wait.

    Lastly, any advice you would give to someone considering a career in this field.

    • Good oral and written communication skills
    • Reading and learning never stops until you retire. Reading should not only be confined to the practice area, but business side of things is equally vital for holistic learning.
    • Sometimes you need to get uncomfortable to get comfortable.
    • Be open to ideas, willingness to learn and have solution-oriented approach. 
    • Enjoy your work and success. We are here for a limited time!
    • Health is wealth, due care should be taken despite long working hours.
    • Be willing to experiment and innovate.

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