Tag: POSH

  • “Each sector presents its own unique set of legal considerations, regulations, and challenges, requiring a nuanced approach to ensure compliance and mitigate risks effectively…” – Saurabh Tamang, Head – Legal at Sahakar Global Limited

    “Each sector presents its own unique set of legal considerations, regulations, and challenges, requiring a nuanced approach to ensure compliance and mitigate risks effectively…” – Saurabh Tamang, Head – Legal at Sahakar Global Limited

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

    You pursued your Bachelor of Legal Science and LL.B from Government Law College, Mumbai. Can you walk us through the pivotal moment or experience that led you to choose law as your career path? What inspired you to take up law, and how has that decision shaped your professional journey?

    My decision to pursue law was greatly influenced by my father, who is also a lawyer. Following in his footsteps, I decided to study law, which led me to explore opportunities beyond my hometown of Gangtok. With a strong desire to receive a high-quality legal education, I set my sights on the prestigious Government Law College (GLC), Mumbai.

    GLC, with its rich heritage and esteemed alumni including Dr. B. R. Ambedkar, Lokmanya Tilak, and Justice M. C. Chagla, among others, stood out as a beacon of legal excellence and securing a seat in the five years B.LS., LLB. degree Course at GLC was a significant challenge, considering the limited availability of seats and the college’s reputation as one of the oldest and reputed law colleges in Asia.  For me, being accepted into GLC was a life-changing moment and marked the beginning of an exciting journey into the field of law. As a small-town boy, the opportunity to study at GLC opened doors to a world of knowledge, mentorship, and invaluable experiences that have immensely shaped my career and aspirations in law.

    As I progressed through my education, I was fortunate to have opportunities to delve deeper into legal studies and gain practical experience through internships and moot court competitions. These experiences solidified my passion for the subject of law and reinforced my desire to pursue it as a career.

    Since making the decision to pursue law, my professional journey has been both challenging and rewarding. It has involved continuous learning and growth. Each step along the way has further shaped my understanding of the law and deepened my commitment to serving organizations through the field of law.

    While my journey in the legal profession is still unfolding, I am grateful for the opportunities I have had thus far and excited about the possibilities that lie ahead. I look forward to contributing to the legal profession and making a meaningful impact in the lives of others.

    Your journey through various prestigious organizations like JP Morgan Chase, Thomson Reuters, and GroupM showcases a diverse career path. What inspired you to pursue such a varied professional trajectory?

    Thank you for noticing the diversity in my professional trajectory. My journey through organizations like JP Morgan Chase, Thomson Reuters, and GroupM and others, has indeed been varied, and each experience has contributed to my growth and development in unique ways.

    What inspired me to pursue such a varied career path is a combination of factors, including a thirst for learning, a desire for new challenges, and a curiosity about different industries and sectors. I have always been someone who thrives on variety and enjoys exploring different facets of my interests and skill sets.

    Working in organizations across finance, media, IT, real estate, etc., has helped me develop a versatile skill set that I can apply across different domains, from financial analysis and strategic planning to data analytics and marketing.

    Moreover, each role I have taken on, has presented its own set of opportunities for personal and professional growth. Whether it is navigating the fast-paced environment of a financial institution, staying ahead of industry trends in media and advertising, or leveraging data and technology to drive business outcomes, I have embraced each challenge as a chance to expand my knowledge and expertise.

    Ultimately, I believe that a varied career path not only keeps things interesting but also allows for greater adaptability and resilience in an ever-changing professional landscape. By seeking out diverse experiences and continuously pushing myself out of my comfort zone, I am able to stay agile and open to new opportunities that come my way.

    While my journey may seem unconventional to some, I see it as a reflection of my willingness to explore, grow, and evolve as a professional. I’m excited about the possibilities that lie ahead and look forward to continuing to learn, innovate, and make a positive impact wherever my career takes me.”

    As someone who has worked extensively across different sectors including Real Estate & Construction, Media & Entertainment, Information & Technology, and Labour & Employment, how do you navigate the complexities of each industry’s legal landscape?

    Navigating the complexities of legal landscapes across diverse industries such as Real Estate & Construction, Media & Entertainment, Information & Technology, etc., has been both challenging and rewarding. Each sector presents its own unique set of legal considerations, regulations, and challenges, requiring a nuanced approach to ensure compliance and mitigate risks effectively.

    In my experience, the key to navigating these complexities lies in a combination of thorough research, ongoing education, collaboration with industry experts, and a proactive approach to staying informed about emerging trends and regulatory changes.

    First and foremost, understanding the specific legal frameworks and regulations governing each industry is essential. This involves conducting comprehensive research and analysis to familiarize oneself with industry-specific laws, standards, and best practices.

    Additionally, staying abreast of legal developments through continuous learning and professional development is crucial. Whether it is attending industry conferences, participating in relevant workshops, or engaging in ongoing legal education courses, staying informed about the latest trends and changes in the legal landscape is essential for effective navigation.

    Collaboration with industry experts, including legal counsels specialized in each respective sector, can also provide valuable insights and guidance. By leveraging their expertise and staying connected to industry networks, one can gain a deeper understanding of industry-specific challenges and opportunities.

    Furthermore, as an in-house counsel, maintaining open communication and collaboration with internal stakeholders across different departments or business units is essential. By fostering cross-functional collaboration, legal professionals can gain valuable insights into the unique needs and priorities of each sector within the organization, enabling them to tailor their legal strategies accordingly.

    Ultimately, successful navigation of the legal landscape across diverse industries requires adaptability, agility, and a proactive approach to addressing legal challenges and opportunities as they arise. By staying informed, collaborating with industry experts, and maintaining open communication with stakeholders, legal professionals can effectively navigate the complexities of each industry’s legal landscape and contribute to the overall success of the organization.

    With your background in Financial Advisory Services at JP Morgan Chase, how do you think the financial industry has evolved in terms of legal compliance and risk management since you started your career?

    There has been significant evolution in terms of legal compliance and risk management within the financial industry over the years. Since the beginning of my career, there have been notable shifts driven by regulatory reforms, technological advancements, and changes in market dynamics.

    One of the most significant changes in the financial industry has been the tightening of regulatory frameworks following the global financial crisis of 2008. Regulators worldwide have implemented stricter rules and regulations aimed at enhancing transparency, stability, and consumer protection. This has necessitated a greater focus on legal compliance and risk management within financial institutions.

    In response to these regulatory reforms, financial institutions have invested heavily in compliance infrastructure and risk management systems. There has been a growing emphasis on implementing robust compliance programs, conducting thorough risk assessments, and establishing effective internal controls to mitigate legal and regulatory risks. 

    During my stint with Thomson Reuters Pangea3, I was a crucial member of the Corporate Governance, Risk Management & Compliance team, where I played a key role in successfully spearheading several pilot projects related to legal compliance & risk management for many prominent financial institutions such as Barclays, Credit Suisse, Deutsche Bank, etc., which are now considered as benchmarks in the industry. For this contribution I was fortunate to be bestowed with the Leadership Award, 2012 by Thomson Reuters.

    Furthermore, advancements in technology have played a pivotal role in transforming how legal compliance and risk management are approached within the financial industry. The adoption of innovative technologies such as artificial intelligence, machine learning, and data analytics has enabled financial institutions to enhance their risk identification and monitoring capabilities. These technologies enable more proactive and data-driven approaches to compliance and risk management, allowing institutions to identify potential issues more efficiently and effectively.

    Additionally, there has been a greater recognition of the interconnectedness of legal, compliance, and risk functions within financial institutions. Collaboration between these functions has become increasingly important to ensure a holistic approach to managing risks and complying with regulatory requirements. Cross-functional teams work together to assess risks, develop compliance strategies, and implement controls that align with both legal and business objectives.

    As the Head of Legal at Sahakar Group, what are the key legal challenges you encounter in the user fee collection and renewable energy sectors, and how do you address them?

    As the Head of Legal at Sahakar Group, I encounter several key legal challenges in both the user fee collection and renewable energy sectors. In the user fee collection sector, we work along with several government authorities across the country such as the National Highway Authority of India (NHAI), Municipal Corporation of Delhi (MCD), Uttar Pradesh Expressways Industrial Development Authority (UPEIDA), Maharashtra State Road Development Corporation (MSRDC), etc., and some of the main challenges include ensuring compliance with regulations governing fee collection, addressing disputes related to labour, contract terms with the authorities, and safeguarding customer data and privacy.

    To address these challenges, I work closely with relevant stakeholders within the organization to ensure that our fee collection processes and practices are fully compliant with applicable laws and regulations in addition to the requirement of the contracts with the authorities. This may involve conducting regular audits, staying updated on regulatory changes, and implementing robust internal controls to mitigate legal risks.

    Furthermore, I place a strong emphasis on data privacy and security measures to protect customer information from unauthorized access or breaches. This includes implementing stringent data protection policies, ensuring compliance with data privacy regulations, and investing in secure technology infrastructure to safeguard sensitive customer data.

    In the renewable energy sector, key legal challenges often revolve around regulatory compliance, permits and licensing requirements, land acquisition issues, and contractual negotiations with suppliers or project partners.

    To address these challenges, I collaborate closely with our internal teams & stakeholders to ensure that our projects adhere to all relevant regulatory requirements and obtain necessary permits and licenses in a timely manner. This may involve engaging with regulatory authorities, conducting thorough due diligence on land acquisition processes, and negotiating contracts with suppliers or project partners to ensure favourable terms and mitigate legal risks.

    Additionally, I stay informed about emerging legal trends and developments  including changes to government incentives or subsidies, evolving environmental regulations, and industry best practices. By staying proactive and adaptable, we can effectively navigate the legal landscape in the renewable energy sector and position our company for continued success in this rapidly growing industry.

    Overall, by addressing these key legal challenges head-on and implementing proactive legal strategies, I aim to support Sahakar Group’s business objectives while ensuring compliance with legal and regulatory requirements in both the user fee collection and renewable energy sectors.

    Outside of your professional endeavors, do you have any personal hobbies or interests that you find particularly fulfilling or rejuvenating? How do you balance your work and personal life?

    Outside of my professional endeavors, I do have several personal hobbies and interests that I find fulfilling and rejuvenating. Since I belong from the hills, one of my passions is spending time in nature and travelling. There is something incredibly therapeutic about immersing myself in the outdoors, whether it is exploring local trails, camping in remote wilderness areas, or simply taking a leisurely stroll through a nearby park. Connecting with nature helps me recharge and gain perspective, allowing me to return to my work with renewed energy and focus.

    Balancing my work and personal life is essential for my overall well-being and happiness. To achieve this balance, I prioritize time management and boundary-setting. I allocate specific time slots for work-related tasks and responsibilities, ensuring that I stay focused and productive during designated work hours. At the same time, I make a conscious effort to carve out time for my personal interests and hobbies, treating them as non-negotiable appointments in my schedule, all of which help me recharge and rejuvenate both mentally and physically.

    For aspiring legal professionals, especially those entering the field today, what advice would you give them to navigate the complexities of the legal landscape and build a successful career?

    The legal landscape is constantly evolving, with new laws, regulations, and precedents emerging regularly. Therefore, it is essential to prioritize lifelong learning and stay updated on legal developments in your practice area. This can involve attending seminars, workshops, and legal conferences, as well as reading legal publications and engaging in ongoing professional development opportunities.

    While it is important to have a broad understanding of the law, one may consider specializing in a specific practice area that aligns with his/her interests and strengths. Developing expertise in a particular niche can set a person apart from others and position him/her as a sought-after legal professional in that field.

    Further, building a strong professional network is crucial for success in the legal industry. Taking advantage of networking events, bar association meetings, and alumni gatherings to connect with fellow legal professionals, mentors, and potential clients can be highly beneficial. Also we should look  to cultivate genuine relationships and seek opportunities to collaborate and learn from others in our network.

    Another important thing to note is that theory is important, however practical experience is invaluable. As such, you should seek out internships, clerkships, or volunteer opportunities to gain hands-on experience in legal settings. Whether it is drafting contracts, conducting legal research, or appearing in court, practical experience will not only enhance your skills but also provide valuable insights into the day-to-day realities of legal practice.

    Last but not the least, upholding ethical standards is fundamental to the practice of law. Always prioritize honesty, integrity, and professionalism in your interactions with clients, colleagues, and the judiciary. Adhering to ethical principles not only fosters trust and credibility but also protects your reputation as a legal professional.

    By following these pieces of advice and remaining committed to your professional growth and development, you can navigate the complexities of the legal landscape and build a successful and fulfilling career in the field of law.

    With your extensive experience spanning various sectors of law, from financial services to media and real estate, could you share with us which area of law you are particularly passionate about? What drives your interest in that specific field?

    One of the main lines of business of Sahakar group is real estate and construction and I have worked on several construction & re-development projects in the organization.  As such, my particular area of interest in law has now become real estate and construction. What drives my passion for this field is the tangible impact it has on communities, economies, and the built environment, as well as the intricate legal frameworks that govern property rights, development projects, and transactions.

    Real estate and construction law encompass a wide range of legal issues, including property transactions, land use regulations, zoning laws, construction contracts, environmental compliance, and dispute resolution. As someone who is fascinated by the intersection of law, business, and urban development, I am drawn to the complex legal challenges and opportunities that arise in this field.

    One aspect that particularly excites me about real estate and construction law is its role in shaping the physical landscape of our cities and neighbourhoods. From acquisition and development of properties, negotiating construction contracts for large-scale projects, or navigating regulatory hurdles in land use and zoning, real estate and construction law plays a critical role in facilitating growth, infrastructure development, and urban revitalization.

    Moreover, I am passionate about the economic and social implications of real estate and construction activities, including issues of affordable housing, sustainable development, and community engagement. Real estate and construction law intersects with broader societal goals such as environmental sustainability, social equity, and economic development, providing opportunities to address pressing challenges and promote positive outcomes for communities and stakeholders.

    Overall, my interest in real estate and construction law stems from a desire to leverage my legal expertise to address complex issues related to property rights, development, and urban planning. By working in this field, I am able to contribute to the responsible and sustainable growth of our built environment while also advocating for the interests of clients, communities, and the public good.

    Being honored with the Lex Falcon Global Award and recognized as one of the Top Ten Chief Legal Officers of 2023 is truly remarkable. Could you share with us a pivotal moment in your career that you believe contributed to these accolades?

    Thank you for your kind words. Being honored with the Lex Falcon Global Award and recognized as one of the Top Ten Chief Legal Officers of 2023 was indeed a humbling and gratifying experience for me. Reflecting on my career journey, I believe there have been several pivotal moments that have contributed to these accolades.  On several occasions I was fortunate to get the opportunity to demonstrate leadership, strategic vision, and legal acumen in the organizations that I was associated with, which have ultimately led to the recognition I received with the Lex Falcon Global Award and recognition as one of the Top Ten Chief Legal Officers of 2023. These accolades remind me of the hard work, dedication, and passion that I have always endeavoured to bring to my role as a legal professional, and I am grateful for the opportunity to make a positive impact in the legal field

    Get in touch with Saurabh Tamang-

  • “There are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality” – Kalpana Garg, IP Attorney & founder at Umbrella Legal

    “There are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality” – Kalpana Garg, IP Attorney & founder at Umbrella Legal

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

    Can you share your diverse and enriching journey from IIT Kharagpur to founding Umbrella Legal. What inspired you to transition from a technical background to a career in law and entrepreneurship?

    Thank you Superlawyer Team for this opportunity and I feel very lucky to be approached and interviewed for the second time in my legal career. To begin with, I am a first-generation lawyer who, in my third year of engineering, made the decision to shift gears. Throughout 4 years of engineering college, I participated in various extracurricular and events, which gradually led me to realize my passion and aptitude for law. During the final year of my engineering studies, subjects such as introduction to patents and technology transfer solidified my resolve to pursue law after engineering, with the aim of integrating knowledge from both fields to tackle complex issues. So, at the end of 4 years of engineering college, I opted for a three-year law program specialized for individuals with a technical background at RGSOIPL, IIT Kharagpur, instead of pursuing MTech or joining a corporate job. I had wonderful cohorts and friends at law school, who added to the need to challenge myself for learning and gaining experience. 

    Following campus recruitment at IIT Kharagpur, I joined Hero MotoCorp’s R&D setup as part of their IP cell, gaining valuable experience in handling patent-related matters. After a tenure of 2.5 years at Hero, I transitioned to TCS as an IP analyst, where I delved into core IP issues and gained extensive exposure to domestic and international IP laws, particularly in the software domain. While recognized as a valuable asset at TCS, I felt the urge to broaden my legal expertise, leading me to join Bajaj Electricals as Manager-Legal and IP. In this role, I provided comprehensive legal support across various departments, refining my leadership skills and navigating complex legal challenges across multiple business verticals over a span of 2.5 years. Subsequently, I moved to ATC Tires Private Limited, further expanding my legal exposure and expertise in handling legal and compliance matters. 

    The transition from an in-house counsel role to an entrepreneurial position is not abrupt but rather rooted in a steadfast aspiration that began during law school to establish my own firm. Through exposure and accumulated experience in the legal field, I eventually reached the point where I felt confident enough to leave my corporate position and embark on this entrepreneurial journey.

    Starting Umbrella Legal must have been an exciting yet daunting venture. What were some of the initial challenges you faced, and how did you overcome them to establish a successful legal practice?

    I think the decision to leave my position as Senior Manager-Legal in 2022 to start my own firm has been the biggest challenge. The magnitude of this challenge becomes evident when starting without an existing client base, despite a decade of experience. Over time, I learned to cultivate relationships and instil trust with clients gradually. My background as an in-house counsel proved invaluable in comprehending the intricacies of transactions from both business and legal perspectives, affording me a distinct advantage in handling certain complex matters.

    Your involvement with teaching and providing legal exposure to students at NMIMS Mumbai and IIM Bodhgaya is commendable. What drives you to impart knowledge and mentorship, and how do you believe it contributes to the legal profession?

    My father, a teacher himself, instilled in me the value of imparting knowledge and contributing to the community. I have a fondness for teaching, and whenever the opportunity arises, I am committed to delivering my best as a faculty member. As a legal professional, I actively engage in continuous learning, staying updated on emerging trends in law, and giving back to the legal community through knowledge sharing, mentorship programs, and academic collaborations.

    I had the pleasure of teaching two modules of the executive law program at IIM Bodhgaya, where participants engaged in discussions on legal interpretation, case studies, and shared their experiences in addressing similar issues within their organizations. Teaching law, to me, is about more than just imparting knowledge; it’s also an opportunity to learn from diverse perspectives and experiences.

    As someone deeply involved in the startup ecosystem, what do you believe are the key legal challenges that startups often overlook, and how can they proactively address them to ensure long-term success?

    The legal challenges start from selection of entities to incorporate to finally implementing practices to mitigate legal risks. I remember having this discussion with a client wherein they were ready to deploy all measures to ensure that accounts become up and running from day 1 but when it was time for legal compliances, the reply was “is it absolutely necessary” and what would be the penalty, if not complied. 

    Certain startups fail to recognize the significance of completing legal paperwork, safeguarding intellectual property, establishing legal frameworks, and formalizing co-founder agreements and equity distribution plans. The initial action to tackle these matters involves engaging an attorney for in-depth discussions concerning your needs, financial constraints, and deadlines. Establishing a structured timeline ensures that all necessary steps are taken in a timely manner.

    Becoming a registered patent agent is a significant achievement. Could you share with us your experience preparing for and passing the Indian Patent Agent Examination?

    In 2013, while serving as Deputy Manager at Hero MotoCorp, I successfully passed the patent agent examination. In my role, I was tasked with various responsibilities such as conducting patent searches, drafting, filing, and providing related advisory services. Given the frequent engagement with patent-related matters, I found myself referring to the relevant laws and regulations multiple times a day, inadvertently preparing me for the examination. Moreover, drafting patent specifications as part of my duties involved comprehending the inventions conceived by inventors, further enhancing my preparation for the examination.

    Your involvement in advising on software patents and navigating the complexities of international patent filings is impressive. What unique considerations or challenges arise when dealing with software-related inventions in the context of patents, and how do you address them?

    My exposure to software patents and challenges around them began with my engagement with TCS, Mumbai. I joined TCS in January 2015 and just a few months before, the Alice vs. The CLS case was decided in the US Supreme Court and every software company was concerned with the verdict. In that case, it was held that patent claims granted for computer-implemented electronic escrow services were directed to abstract ideas and not patentable subject matter. This case had a profound impact on the way of examination of software patents and laid out two step analysis. India patent office on the other hand was busy drafting CRI guidelines for examination of computer related inventions but there were a lot of comments and recommendations given by industry players upon release of those guidelines due to clarity and interpretation issues. One of the biggest challenges after the Alice case was to overcome the 101 rejections in the US with limited support available from pre-Alice patent specification. 

    You’ve mentioned handling complex transactions during your tenure with some of India’s biggest companies. Can you share some strategies or approaches you utilized when faced with particularly challenging cases, such as those involving intricate IP issues or high-stakes legal matters?

    Navigating transactions entangled in numerous legal complexities demands meticulous strategic planning, clear communication with the business team, and scrupulous attention to detail when reviewing documents and disclosures. In the initial stages, it’s crucial to engage in thorough discussions with relevant teams, delving into the nature, rationale, and expected outcomes, while also conveying expectations and providing regular updates.

    At the outset of such intricate transactions, establishing a risk matrix is imperative, allowing for the identification of potential risks and the implementation of mitigation measures to secure a favourable outcome. Complex transactions often involve unanticipated challenges and it becomes important to strategize and work to ensure that you do not deviate significantly while revisiting and adjusting the transaction structure. 

    Your journey from a deputy manager at Hero MotoCorp to founding Umbrella Legal is quite inspiring. What lessons or experiences from your early career do you carry with you today, and how have they influenced your professional growth?

    Thank you for your kind words. I appreciate your kind sentiments. Transitioning from my role as deputy manager at Hero MotoCorp to establishing my own firm has been a journey rich in valuable lessons and experiences, supported by the guidance of family, friends, and mentors at various stages of my career. One paramount lesson I’ve embraced and applied is that there are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality.

    Balancing a career as a legal entrepreneur and being a strategic legal advisor requires excellent time management skills. What are some strategies or habits that you’ve found effective in maintaining this balance and staying productive?

    In today’s fast-paced professional landscape, many individuals encounter the dual challenges of time management and maintaining a healthy work-life balance. Within the legal profession, given the demanding nature of the work and long hours, it becomes essential to implement strategies for effective time management. One particularly beneficial approach is establishing clear priorities and developing the skill of delegation.

    In the past, I struggled with setting boundaries regarding personal time, often allowing work-related matters to encroach upon my personal life. However, I gradually altered these habits. Now, I prioritize carving out dedicated time for my personal life to prevent burnout and ensure rejuvenation. This shift has been instrumental in enhancing my overall well-being and productivity.

    Get in touch with Kalpana Garg–

  • “Continuous learning and knowledge sharing are vital in navigating the complexities of the legal landscape. Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences.” – Awanish Srivastava, Managing Partner & Founder of Naks & Associate (Advocates & Solicitors)

    “Continuous learning and knowledge sharing are vital in navigating the complexities of the legal landscape. Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences.” – Awanish Srivastava, Managing Partner & Founder of Naks & Associate (Advocates & Solicitors)

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

    Before we delve into your remarkable career journey, could you please introduce yourself to our readers, sharing a bit about your background, your passions, and what drives you professionally and personally?

    I am Awanish Srivastava having experience of more than 22 years in Corporate & Core Litigation, Corporate Law, Agro Litigation, Intellectual Property Management, Contract Management and Corporate Consultancy.

    I am Founder & Managing Partner of NAKS & Associates (Advocates & Solicitors), a Pan India Law firm. I am also a Fellow member of Institute of Company Secretaries of India and Regional Council Member, currently holding the post of Treasurer of NIRC of ICSI. I am Law graduate from Delhi University, Master in Law, Post Graduate in Commerce and M.B.A. (Finance). I am an active member of the ICSI, Bar Council of Delhi, Supreme Court, Delhi High Court Bar Association and NCLT Bar Association.

    My journey has been driven by a passion for justice and the belief in law as a tool for societal improvement. Professionally, I am driven by the challenge of navigating the complex legal landscape to deliver solutions that not only serve our clients but also contribute to the legal profession’s evolution. Personally, I am motivated by the impact we can make through our work, in both the corporate sphere and community initiatives like Pink & Blue.

    You’ve played a significant role in defining new standards of legal services in India through your firm, NAKS & Associates. What motivated you to establish NAKS with such a unique vision of operating as a Corporate Law Firm in a Retail Concept?

    The vision for NAKS & Associates stemmed from recognizing a gap in the legal services market – the need for accessible, reliable corporate legal solutions across India. The Idea of Pan India Litigation came into my mind when I was working with a future group where we, as In-house Counsel, were struggling to hire lawyers in small cities and at Taluka level. In the Year 2012, we started Naks as PAN India law Firm with the aim of providing one stop solutions to our clients. 

    This initiative really created a platform for Corporate at one end and Lawyers in small cities at the other. Further, this platform makes legal assistance more accessible and also allows us to reach a wider level, ensuring that businesses, regardless of size, have access to top-notch legal counsel. Our System helped small Cities Lawyer to handle Big Corporate Clients.

    Your work with Pink & Blue- A Symbiotic Living initiative is commendable. Can you tell us more about the initiative and how it’s making a difference in society?

    Pink & Blue – Symbiotic Living (A unit of Chamber of Professional (CoP)- A Registered NGO) is a team of expert professionals, working for welfare of Working Women and Prevention of Sexual Harassment at Workplace and this is very close to my heart.

    Pink & Blue is operating with the aim of creating awareness among each and every member of society about the ill impacts of Sexual Harassment and the means to prevent & redress the complaints of Sexual Harassment. We have taken a pledge to give Free training and Support to Maximum People for the betterment of the Society and promoting Happy & Healthy Co-Living Workspaces.  We are a team of expert Company Secretaries, Advocates, HR Professionals & Social Workers.

    We have conducted more than 200 Training sessions so far and trained and empowered more than 2 Lakh People. We have trained and certified more than 140 Posh Trainers who are CS, CA, Advocates and CMA.  Our Trainers have successfully conducted training in more than 500 organisations. 

    Our work is making a difference by educating employers and employees alike, fostering environments where everyone can feel secure and respected. This initiative is a reflection of our commitment to social responsibility, aiming to enact real change in society through education and awareness.

    Handling cases involving complex corporate litigation and intellectual property management requires a unique skill set. What are some of the key challenges you’ve faced in your career, and how have you overcome them?

    One of the key challenges in handling complex litigation and intellectual property cases is staying abreast of the rapidly changing legal landscape. Keeping updated with the latest laws and judicial precedents requires continuous learning and adaptability. In today’s era, where litigation and judiciary is taking turns frequently, one cannot make distance with reading or upgrading himself with legal knowledge even for a slightest of time period.

    I’ve overcome these challenges by fostering a culture of ongoing education, Reading, making notes and knowledge sharing within our firm, ensuring that we remain at the forefront of legal upgradation and best practices.

    You’ve served in senior positions as in-house counsel for prominent Corporate like Videocon Telecommunications Ltd. and Future Group. Could you share some insights into your experience in these roles and how they have influenced your approach to legal practice and corporate consultancy?

    My career took an airlift when I joined Future Group as Junior Manager. I was responsible for the Supervision and Monitoring of Legal & Liaisoning team of 12 members of PAN India for Legal, Contract Management, Regulatory, Liaisoning and Compliance related issues/matters. I was awarded Best Employee at Future Group for 2 (two) consecutive years and an Appreciation Award from CEO for my performance in supervising PAN India Legal & Liaisoning Team.

    Thereafter, I joined Videocon Group as Deputy Manager, Videocon Telecommunication Ltd. and I was responsible for Litigation and Contract Management. I have handled highly reported 2G Litigation matters in Videocon.

    Working with Future Group and Videocon Telecommunications Ltd. was a defining period in my career. These roles taught me the importance of aligning legal strategies with business objectives. 

    This experience has been instrumental in shaping my approach to corporate consultancy, where the focus is not just on legal compliance but on facilitating business growth and protecting intellectual assets in a strategic manner.

    Your firm, NAKS & Associates, operates in more than 700 districts in India, which is quite impressive. What strategies have you implemented to ensure such extensive coverage and maintain high-quality legal services across different regions?

    With the increase in technology and awareness in the small Cities, the litigations against the companies are also increasing day by day. Due to increase in consumer cases, Civil Cases, Criminal Cases and others litigation, big corporates are facing the problems of appointing counsels at various places in India including small cities to represent them even at the remote locations. I faced similar kind of difficulties when I was working in Future Group and Videocon and these difficulties motivated me to start Naks in this concept to provide Pan India Litigation services support to our clients where they get representations even at far reaching locations. 

    The strategy for achieving extensive coverage while maintaining high-quality legal services hinges on leveraging technology and building a strong network of legal professionals. We’ve implemented robust training programs to ensure uniformity in service quality and employed technology to manage cases efficiently across different regions. This blend of human expertise and technology enables us to serve our clients even in far corners of the country with a high standard of legal assistance.

    As a Fellow member of the Institute of Company Secretaries of India, what advice would you give to young professionals aspiring to build a successful career in corporate law and litigation?

    For those aspiring to build a career in corporate law and litigation, my advice is to join the Company Secretaryship Course. 

    A ‘Company Secretary’ is a senior, strategic-level corporate professional who plays a leading role of a Key Managerial Personnel (KMP) entrusted with the responsibility of the company’s Corporate Governance. Corporate Governance is more than just complying with laws, regulations, standards and codes; it is also about creating a culture of good management practices. The position of a Company Secretary as the KMP comes close to that of the Chief Executive Officer or the Managing Director and underlines the importance of the role played by him in the company. 

    After completing Company Secretary course, one has enormous opportunity to become KMP, Secretarial Heads, Head Contract Manager, Compliance Head, Regulatory heads, General Counsel, Practicing Company Secretary, Insolvency Professional, Registered valuer, Appearance before various tribunals. 

    Young professionals can build successful careers in corporate law and litigation by continuous Learning and Practice. The legal field is ever-evolving, and success requires not just a solid foundation in law but also an understanding of business principles and technological advancements. Focus on building a diverse skill set that includes legal expertise, business acumen, and emotional intelligence.

    Balancing a successful legal career with social responsibility and community service can be demanding. How do you manage to juggle these responsibilities effectively?

    Balancing a demanding legal career with social responsibility involves setting clear priorities and being passionate about your social initiatives. For me, initiatives like Pink & Blue are not just additional responsibilities but integral part of my professional identity. Effective time management and a supportive team are crucial in managing these dual aspects seamlessly. Decentralising decision making at execution level, wherever necessary and having established a tried & tested reporting system helps minimizing any unfortunate incident of error in the system which indirectly helps me spare some moments for initiatives like Pink & Blue.

    Given your extensive experience and expertise, what are your thoughts on how the current generation can better understand their strengths and identify the right career path for themselves, especially in the legal profession or corporate world? Do you have any advice on discovering one’s true calling and leveraging their strengths effectively?

    Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences. I encourage the current generation to seek mentorship, engage in diverse internships, and participate in community service to gain a broader perspective. Discovering your true calling is a journey of exploring your passions and how they align with your professional aspirations. Embrace opportunities to learn and grow, and don’t be afraid to chart your own path in the legal profession or any field you’re passionate about.

    Get in touch with Awanish Srivastava-

  • “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–

  • “My experience has equipped me with the necessary skills to lead diverse teams and adapt to new and challenging situations with ease.” – Dr Lipika Sharma, Advocate, Senior Consultant UN WOMEN, G100 India Chair Sustainable Development Goals (SDGs), Founder President VidAikyam Foundation.

    “My experience has equipped me with the necessary skills to lead diverse teams and adapt to new and challenging situations with ease.” – Dr Lipika Sharma, Advocate, Senior Consultant UN WOMEN, G100 India Chair Sustainable Development Goals (SDGs), Founder President VidAikyam Foundation.

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

    Can you share with us your journey from your days in law college to becoming the esteemed Founder and President of the VidAikyam Foundation, the only Indian on the global expert register of UN Women, and a renowned consultant in climate change, disaster risk reduction, and gender justice? What were some of the significant challenges you encountered along the way, and how did you navigate through them to achieve your current stature?

    My learning journey is astounding. I underwent three distinct phases of higher education, which spanned over a considerable period and were interspersed with different stages of my professional life. Firstly, I obtained a graduation degree in Political Science Hons and a Master’s degree in Political Science from Indraprastha College for Women, University of Delhi. I then went on to pursue my law degree from the prestigious Campus Law Centre Delhi, University of Delhi. This was the first phase of my college days. The second phase of my career commenced when I took a sabbatical to raise my son.  During this time, I earned my LLM degree with a specialization in Intellectual Property Rights from Guru Gobind Singh Indraprastha University, Delhi. I was a year topper and ranked 2nd in overall LLM results, with a 1st division with distinction. Finally, I enrolled in a PhD program at Amity University, Noida, marking the start of my third phase of college life. My PhD is focused on climate change. I have had a lifelong commitment to learning and have earned 5 degrees along with 11 certificates and diplomas to upskill myself in gender inclusion, disaster and climate change.  Each learning experience has been enriching in its way, occurring during various phases of my life. During the first phase, I enjoyed a fun-filled campus life, made friends from all over India, and had the honour of being taught by some of the most learned professors in India. It is my pleasure to share that I ranked third in the entire Delhi University in MA Political Science, as well as second in my college. The second and third phase of my education was a bit of a challenge, as I balanced the demands of my studies with my responsibilities as a parent to a young child. However, I was able to navigate this challenge and maintain a balance between both roles.

    Throughout my career, I have been fortunate enough to work as a penal advocate for various departments, representing independent clients in the Supreme Court of India and the High Court of Delhi. I was a consultant to the CCIM statutory body of the Ministry of AYUSH for Indian  Medicines. As I pursued my research degree, I began writing research articles, and to this day, I have authored and edited 4 books, 5  chapters, and over 55 articles in peer-reviewed journals of international and national repute.

    I take immense pride in my outstanding achievements in the field of disaster and climate law, which have paved the way for me to secure coveted international consultancy roles with various United Nations agencies. Being a part of the exclusive UN Women and WRD expert register, and being the only Indian among just 67 experts from around the world, unequivocally accentuates my unrivalled expertise at the international level. https://wrd.unwomen.org/engage/experts/lipika-sharma Although building my credentials in the international arena was a tough and time-consuming task, I was able to meet the stringent standards and requirements of working with such esteemed organisations through my dedication and hard work. However, I remain humble and acknowledge that I have a lot of work to do and much to learn. I am passionate about empowering women and children, and I have already trained over 20,000 employees as a POSH trainer. Establishing the VidAikyam Foundation to pursue my passion for gender inclusion, women empowerment, climate change, and disaster management was a dream come true for me. Despite the challenges, I was able to balance my personal and professional life successfully, and I am grateful to God for this blessing.

    Congratulations on your recent achievements and awards! How do you plan to leverage your experience and expertise in your new role as G100 India Chair- Sustainable Development Goals (SDGs)?

    Thanks very much for your wishes. My tireless efforts and contributions have been recognized for having a significant impact on improving the world. In January 2024 I was appointed as the India Chair of SDGs. G100 is an empowered group of 100 women leaders from across the world, and 100 Country Chairs for powerful advocacy, awareness & impact across governments and organisations for a gender-equal future. As the India Chair of SDGs and Founder of VidAikyam Foundation, I am committed to working at the grassroots level to uplift women and children, with a focus on SDG 4 quality education, SDG 5 gender equality, SDG 10 reduced inequality, SDG 13 climate action, and SDG 17 partnerships for the goals. Through my partnerships with international and national NGOs, I am confident that we will work together to create a real and lasting change. As an established leader, I have entered into Memorandums of Understanding (MOUs) with leading non-governmental organizations (NGOs) to work collaboratively towards the achievement of our shared objectives. I am confident that my partnerships with these women, combined with my unwavering commitment, will enable me to make a genuine difference in the lives of those most in need. In conclusion, I am confident that my work will continue to make a meaningful impact, and I am committed to working tirelessly towards the achievement of my objectives. I am humbled to state that I have received 7 awards and the most prestigious are by UNDP Global Compact and Women Economic Forum among other awards of National and International repute. 

    Your dedication to gender justice, disaster relief, and climate change is commendable. What inspired you to establish the VidAikyam Foundation, and what impact do you hope it will have on communities, especially concerning women’s empowerment?

    I am deeply grateful and humbled by your appreciation. My passion for women’s causes and empowerment knows no bounds. I have been working with various organizations at the grassroots level in India and collaborating closely with international organizations dedicated to the cause of women. My focus is on the areas of disaster and climate, where women are the main stakeholders but still not the main contributors when it comes to designing and implementing solutions. I am confident in my ability to provide top-notch consultancy services to UN bodies and international consultancies. The thought that my contributions can make a meaningful impact on international policy framing, is an incredibly empowering feeling. I am proud to be able to take part in this process. With my extensive global connections and my strong grounding in India through the VidAikyam Foundation, I am working assiduously to amplify the voices of indigenous women in disaster and climate areas. As the Founding Director of the VidAikyam Foundation, I am committed to educating and empowering girls and women, particularly in climate education, so that they are aware of government policies and can confront the issue of sexual harassment and other pressing issues of society with confidence. I am trying to do my bit to achieve SDG 5.

    Your international experience includes consultancy for UN agencies and participation in prestigious conferences like UNFCCC COP. Could you give insight into your prominent consultancies with UN bodies and share some insights into the challenges and opportunities you’ve encountered while working on a global scale?

    I am an active member of the Women and Gender Constituency (WGC) one of the nine stakeholder groups of the United Nations Framework Convention on Climate Change (UNFCCC). I am also an active member of GenderCC, a Germany-based women’s organisation working in the focus area of Women for Climate Justice, a global network of organisations, experts and activists working for gender equality, women’s rights and climate justice. I have been nominated to participate in the Conference of Parties (COP) of the UNFCCC to put forth my view on women and gender issues in December 2023 and, in June 2023 for SB 58 of the core body meeting of UNFCCC before COP in Bonn Germany in June by the United Nations. My recent participation in COP28 allowed me to raise awareness for the cause of gender and women’s inclusion in the climate change space, ensuring that our voices were heard loud and clear as one of the main stakeholders. But the biggest challenge of climate change is that women and girls are disproportionately affected. There is a lack of representation in official delegations of member countries and negligible representation of women in the secretariat. There is a persistent gender gap in leadership roles in matters of global significance like disaster and climate change. Only 10% of women representation in COP raises the question of whether the diverse voices of women are genuinely heard and incorporated into climate policies.

    I provided legal consultation to support an IFRC project in 2023 that aimed to map the disaster laws and public health emergency regulations in the ASEAN region and advised the ASEAN secretariat. (the report is under publication). I undertook case study research for a UN Women in 2022 for the Commission on Status of Women CSW66 Background Paper “Empowering Women in Climate, Environment, and Disaster Risk Governance: from National Policy to Local Action” The focus of my research was a case study on gender in ecosystem-based adaptation and local governance. 

    https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/CSW/66/EGM/Background%20Papers/Mary%20PICARD_CSW66%20Background%20Paper.pdf

    I worked pro bono with UNDP and was among the two lawyers selected to contribute to a global report on Disaster Risk Reduction. These experiences have taught me that with unwavering determination and hard work, anything is possible. The report was published in my name and is available online on the link given below:

    https://disasterlaw.ifrc.org/sites/default/files/media/disaster_law/2021-02/India-Punjab-Desk-Survey.pdf

    https://www.undp.org/sites/g/files/zskgke326/files/publications/UNDP_IFRC_CPR_DRRLaw_summary_final.pdf

    To build my international and consultancy profile with various UN bodies, IFRC (Red Cross), and International Consultancies, I had to burn the midnight oil, do a lot of upskilling and reading and sometimes work 16-18 hours to meet tight deadlines. Although it was challenging to secure these consultancies, I persevered and developed a knowledge base that is par excellence and matched the profile needed to contribute at the international level to policy framing and giving legal opinions to these esteemed bodies. I have had the privilege of meeting wonderful people and making great friends globally who have done a lot of hand-holding and have guided and supported me throughout this journey. It has been an enriching learning experience, and I have picked up more than 11 short-term certificate and diploma courses to upskill myself. I am still eager to learn more and make a significant impact on gender inclusion and women empowerment in the focused area of disaster and climate.

    Your recent consultancy work with UNDRR focused on gender-related dimensions of disaster risk reduction. How do you see the role of legal frameworks in addressing such complex issues, especially in a changing climate scenario?

    My recent publication is 2023 consultancy services to the United Nations Office for Disaster Risk Reduction (UNDRR) Switzerland, on” Scoping Study on the Use of Convention on the elimination of all forms of discrimination against women (CEDAW) General Recommendation No. 37 on Gender-Related Dimensions of Disaster Risk Reduction in a Changing Climate.” was published by UN on October 19, 2023. This report aims to reinforce the foundations of gender-responsive approaches to disaster risk by examining the connection between women’s international human rights and disaster risk reduction (DRR). It also focuses on analysing gaps, challenges, and good practices in States parties reporting on DRR into the CEDAW Secretariat. The CEDAW Convention provides strong standards for equality and non-discrimination for all women, and it is legally binding. It is often described as an international bill of rights for women.

    https://www.undrr.org/publication/scoping-study-use-cedaw-general-recommendation-no-37-gender-related-dimensions-disaster

    https://www.preventionweb.net/media/90871/download?startDownload=true

    https://www.preventionweb.net/publication/scoping-study-use-cedaw-general-recommendation-no-37-gender-related-dimensions-disaster

    I have recommended that the equal representation of women in forums and mechanisms on disaster risk reduction and climate change, at the community, local, national, regional and international levels, is necessary to enable them to participate in and influence the development of policies, legislation, and plans relating to disaster risk reduction and action on climate change and their implementation. The report emphasizes the importance of substantive equality and non-discrimination as a prerequisite for empowering women and girls through specialized policies, initiatives, and strategies and to enable them to exercise their right to obtain access to knowledge about climate change and DRR.

    Women are at the forefront of the disaster and climate atrocities. They are the ones who are hit before and after the most in all aspects of life, yet they are the ones who are left outside of the most crucial brainstorming. Hence, it is essential to ensure their voices are heard. I am glad that India has taken long strides on the long bumpy road to give reservations to women by amending the constitution and ensuring the representation of women in the lowest ladder of democracy. This move has ensured that women’s voices are heard and considered in all-important decision-making processes to make a real change.

    You’ve received recognition for your innovative teaching methods. Can you share a particularly effective teaching technique or strategy that you believe has had a significant impact on your students’ learning outcomes?

    As a seasoned law professor, I firmly believe that practical experience is crucial for students to gain a comprehensive understanding of the legal profession. In my opinion, legal education should have a stronger focus on practical aspects, and industry professionals and litigators should be given more respect and recognition in curriculum drafting and delivery. It is essential to incorporate regular classes with practitioners and industry experts to bridge the gap between theoretical knowledge and practical experience. Although internships are beneficial, they cannot replace the value of classroom learning. Essentially the classroom teaching for all subject papers taught shall imbibe the practical aspects with a focus on reading bare acts and judgments more than reading books to get good grades. The questions in the examination shall be more problem-based than theory-focused.

    Furthermore, legal education must emphasize the importance of legal drafting and public speaking skills in real-life scenarios. Instead of relying solely on moot courts, which do not accurately reflect litigating scenarios, we should prioritize teaching students the actual skills they will need in their legal careers. For instance, students should be taught to focus more on how to draft real legal documents rather than just memorials for mooting.

    While significant progress has been made in legal education, there is still much more work to be done to reduce the gap between classroom learning and real-life experiences.

    In your extensive experience conducting training sessions on the prevention of sexual harassment of women at the workplace (POSH), what common misconceptions or questions have you come across from participants, and how do you address them to foster a better understanding of this critical issue?

    I am incredibly passionate about promoting gender justice, gender sensitization, and gender equality in the workplace. As a corporate trainer, I have trained more than 20,000 people and conducted 200 plus workshops in the Prevention of Sexual Harassment at the Workplace (POSH) with a specific focus on Indian Law. My workshops and training sessions have been incredibly impactful for corporates, PSUs, universities, and organised as well as unorganised sectors.  I am external member of various IC committees in different sectors.

    One of the most common misconceptions I come across is that staring or appreciative looks at women and giving unwanted compliments are not considered sexual harassment. I understand that this can be a difficult concept to grasp, which is why I strive to create a supportive and non-judgmental environment during my training. I believe that by encouraging people to understand the impact of their unwelcome behaviour by women colleagues, we can create meaningful change. Another misconception is that it is a woman favouring legislation though the fact is that it’s a balanced legislation and gives equal opportunity to both parties. Another misconception which is very common is that the complaint before IC may linger on for long. I always stress that the legislation has clearly given a time frame of 90 days in the legislation hence order has to be passed within this time frame.

    As a POSH trainer for BSES Rajdhani Power Limited, I feel privileged to have the opportunity to train over 20,000 employees. I have also been an active member of the University level Internal Complaint Committees and introduced a 2-credit course in POSH at universities where I have taught. During the pandemic, I worked on a Community Connect Project focused on preventing sexual harassment in the workplace, which was a challenging but incredibly rewarding experience to guide young adults to spread awareness and collect data. My goal is to continue to inspire others to prioritize gender justice in the workplace and create a culture of respect and equality.

    Your work involves collaborating with a diverse array of international lawyers and leading teams across various projects. Could you share some insights into how you manage to work effectively with professionals from different cultural backgrounds and legal systems? What challenges have you encountered, and what aspects of this experience do you find particularly inspiring or rewarding?

    As a former managing editor for Wolters Kluwer, Australia, I recruited and led a team of 100 lawyers from various parts of Asia Pacific. My role involved coordinating knowledge transfer from the Australian head office and New Zealand, fostering international collaboration, and successfully navigating complex international scenarios with ease. I am proud to have worked with senior professionals in UN bodies and international consultancies, and I have successfully balanced my litigating practice in Indian courts and international projects with exceptional leadership and delegation skills. Despite the challenges of balancing my litigating practice in Indian courts and international projects, I have managed to succeed thanks to my exceptional junior staff and incredible international mentors. Though attending crucial meetings during my court commitments and working with people from different cultures in different time zones can sometimes be challenging, I am highly adaptable and have exceptional collaboration skills to overcome these obstacles with ease.  In short, I confidently assert that my experience has equipped me with the necessary skills to lead diverse teams and adapt to new and challenging situations with ease. It’s very rewarding that I can contribute to the thought and process of international policy framing in the focused area of gender inclusion, women empowerment, disaster management and claim change.

    Aside from your professional endeavours, we’ve heard you have a keen interest in journalism. How do you find a balance between your legal career and your passion for writing?

    I made a deliberate choice to pursue a diploma in journalism from the YMCA. My interest in writing had peaked and I was determined to hone my skills in that area. The diploma course proved to be a game-changer for me, helping me gain a well-rounded exposure and significantly improving my writing skills. Although I did not intend to pursue journalism as a career, my purpose of undertaking the course was to understand and master the art of writing, which I certainly achieved. As a result, I am now confident in my writing abilities and proud of the knowledge I gained through this experience.

    As a passionate educator, you’ve introduced various value-added courses and initiatives in law schools. What advice would you give to aspiring legal professionals looking to make a difference in society?

    Aspiring lawyers, in today’s world, the legal profession presents a plethora of opportunities. During college, it is crucial to explore and experiment with different areas of interest to determine where your passion lies. Seek advice from teachers, mentors, and industry professionals, but ultimately follow your heart. As for me, my professional trajectory is anything but ordinary and unconventional, starting as a legal advisor for a web portal, transitioning to a corporate lawyer for an international law firm, and eventually practising at the Supreme Court of India and the High Court of Delhi. I reached the pinnacle of my career, representing high-profile clients in the Supreme Court and High Court, and serving on various government panels. But I took a sabbatical to raise my son, a decision I am proud of.

     I pursued my LLM and PhD and worked as a professor, developing a niche in climate and disaster law with a focus on women empowerment. Now, I am back to litigation and international consultancies, actively contributing to gender inclusion and women empowerment in disaster and climate spaces, and representing global civil societies in COPs.  My advice is to take everyone’s guidance and opinion, but ultimately trust yourself as nobody knows you better than you. Remember, it’s never too late to pursue your passion and excel in your chosen field. I know all of us have the potential to achieve great heights.

    Get in touch with Dr. Lipika Sharma-

  • “Every client, every cross examination, every meeting, every briefing in itself presents a new experience and contributes to one’s growth”- Priyanka Sethia, Founder of the Chambers of Priyanka Sethia

    “Every client, every cross examination, every meeting, every briefing in itself presents a new experience and contributes to one’s growth”- Priyanka Sethia, Founder of the Chambers of Priyanka Sethia

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

    Ma’am, can you please provide a brief introduction about yourself and your journey into the field of law?

    Hi. I am Priyanka Sethia and I have been practicing at various Courts and Tribunals across India, as an advocate for over 10 years. 

    I graduated in the field of law in 2013 and got an LL.M. in Corporate and Financial laws in 2021, while being in the profession and gained further certifications as opportunities presented themself.

    I am a certified negotiator accredited by London School of Economics & Political Sciences [2022] and a certified POSH (Diversity & Inclusion) Trainer [2023].

    I started my own law chamber – Chambers of Priyanka Sethia, in 2021 and we take up civil and commercial matters for various individual and corporate clients as well as deal in corporate practice.

    With over 10 years of experience, you have established yourself as a prominent figure in the legal fraternity. What inspired you to pursue a career in law and eventually become an advocate?

    I have shared this before, but this story never gets old for me. So, my career in law wasn’t really a given from the very beginning and I am a first generation lawyer. My roots find themselves etched in a very traditional business family. It so happened that one day, I was late to school by a few minutes and the Head of Department, Accounts who was in charge of the School Assembly that day, asked me to go back home as I was late!

    It was however only my first late show and I was aware of the finely printed school rules and regulations, set out in our Daily Academic Planner that permitted a student three late shows before being sent back for the day. With great respect, I politely took out the Academic Planner from my bag, opened the rules section and read it out to the said school teacher which stated that I had to be given three opportunities/warnings, before I could be sent back home for being late. I certainly could attend school that day but only saw disdain in that teacher’s eyes for me, on all days thereafter. Thankfully it was my last year in school and I then realized the power of Laws and Rules framed thereunder and the joy of knowing and abiding by it and of course realized my interest in reading the fine print.

    Decision to pursue law came organically to me but the decision to choose between Litigation vs Corporate Law never comes easy for anybody. While the heart wants to be in the courts and explore the passion of arguing vociferously for the clients and their cause, the mind seeks to showcase the drafting skills. So now, my Chamber is trying to strengthen both its litigation team and its corporate practice team, by continuously levelling up with diverse certifications, hiring new talent and continuous practice. At the moment, I head both the verticals and with a recent certification in POSH (Diversity & Inclusion) Training, I hope to offer various training to Corporates, in this arena.

    You founded the Chambers of Priyanka Sethia in 2021. Could you share the motivations behind starting your own law chambers and the vision you have for it?

    I have worked with some of the most incredible seniors in Profession who have mentored me throughout and continue to handhold me through difficult situations. After assisting them for about 8 years, I realized that I was ready to explore legal practice from my own perspective. 

    And so, post the Covid scenario, with experience that I had gathered from my seniors and mentors, and a postgraduate degree in my choice of practice area, I delved into independent practice and started Chambers of Priyanka Sethia in November, 2021.

    My vision for the chamber is to render exceptional legal services to our clients while being on an upward trend in the number of fresher hirings. I take pride in the fact that I welcome freshers with 0-6m experience and it’s lovely to draw inspiration from their passion and exuberance. On the work front, the chamber is striving to strengthen both its Litigation Practice and Corporate Practice. 

    You are a certified negotiator accredited by the London School of Economics & Political Sciences. How has this certification influenced your approach to negotiations, and what role does negotiation play in your legal practice?

    While engaging in Corporate Practice, often we find ourselves negotiating terms of the contract on behalf of our clients. Many-a-times, the other party is situated outside India and has a completely different approach towards the drafts/agreements compared to the Indian scenario. Being sensitive to their background, ethos, laws and culture is the key. My certification in negotiations has helped me in bridging that gap and comes in handy especially while dealing with International Corporates and has added an edge in fostering new relationships, executing contracts, and arriving at settlements. 

    Your experience covers a wide range of legal areas, including corporate practice, commercial litigation, alternative dispute resolution, and more. Can you highlight some key experiences that have significantly contributed to your growth as an advocate?

    Every case is a new learning. One cannot limit their learnings to the law. I strongly believe every person we meet is a new experience, we become wiser with each interaction. Every client, every cross examination, every meeting, every briefing in itself presents a new experience and contributes to one’s growth.

    Your expertise extends to regulatory compliance and privacy laws. How do you approach these complex areas, and what challenges do you typically encounter in ensuring compliance for your clients?

    To cite one instance, often we find that the law enforcement agencies are not well trained to understand and implement the law at the grassroot level. Recently, while dealing in a legal metrology matter, we observed that the department officer had no exposure to a couple of years old amendment in the law and required sensitization. Routinely issuing notices just to meet targets is a norm and needs to change. 

    You champion the cause of women emancipation. How do you integrate this advocacy into your legal practice, and what initiatives have you undertaken to contribute to diversity and inclusion in the legal profession?

    I believe having freshers on board or having non NLU advocates in the team is the biggest inclusion point in our profession. I am open to having good talent on board without any preconceived notions or unconscious biases.

    Besides, I take up matrimonial matters for marginalized women pro bono and ensure that they are taken to a logical conclusion.

    Considering your successful journey in law, what advice would you give to fresh graduates aspiring to pursue a career in law and make a mark in the legal profession?

    Success is a subjective term. On the work front, my request to fresh graduates aspiring to pursue a career in law is to be consistent. Do not give up without giving it a fair shot and some time.  Also, there is a great demand for lawyers with expertise in niche areas. One could also choose their practice area earlier on in their career and proceed further in that direction. 

    And, Pursue a hobby alongside the profession. This helps in keeping sane as well as sticking through. 

    Get in touch with Priyanka Sethia-

  • “If matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialized subject.” – Suchishmita Ghosh Chatterjee, Trained Mediator & Independent Counsel.

    “If matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialized subject.” – Suchishmita Ghosh Chatterjee, Trained Mediator & Independent Counsel.

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

    Your journey in the legal profession is truly remarkable, especially considering the legacy of your family. How did you navigate the challenges of establishing your own identity in a field where family connections can sometimes be both a boon and a burden?

    It was easier for me to get my first break as a Counsel but then to earn my first brief independently took a while longer. Now reflecting I feel family connection for me was both a boon and a burden. I cannot point to a single incident that led to others acknowledging me, shorn of my background, as it was a gradual process. When people saw me assisting my senior single-handedly in very high stake matters regularly and then appearing in matters like the Saradha Chit Fund case for RBI, SST Media- winding up proceedings, Testamentary suit in the estate of Priyamvada Devi Birla, I think I got noticed by others. Today I can safely say I have other law firms and independent Advocates on Records believing in me and giving me work and my background no longer matters. I always wanted to make my independent existence count in my profession and I am walking a step closer every day by the grace of God and the support of everyone who stood by me like a rock!

    Starting your career when there were relatively fewer women in law, how do you perceive the changing landscape for female lawyers today? Have you noticed a shift in attitudes and opportunities over the years?

    Yes, our profession is very demanding and it’s not like a 9-5 job. A conference can be fixed at 9.30 pm or even 10.30 pm in the night and not all women can work in that format. To practice as a counsel, can even involve staying up all night to prepare an urgent draft or prepare for a matter. As a woman, it is certainly not easy unless she gets that support on all fronts. When I joined, women lawyers by number were much less and I greatly admire all those who were practising as Counsel in those days. Their struggle was a telling tale and I am greatly inspired by all of them. I could see the shift in mindset over the years, people starting to take women lawyers seriously and treating them at par with their male counterparts. Today I see the confidence in the eyes of clients as well as solicitors when they interact. It does not matter whether they have a woman counsel defending them as long as they know the gender would not create any difference. Now the ratio has greatly improved even in litigation, which sure is noticeable.

    Starting your career from scratch after college, you faced challenges that many young professionals can relate to. Can you share some of the initial struggles you encountered and how you overcame them to establish a successful legal practice today?

    Well what was a struggle for me was to break the myth that having a solicitor father helped me gain an advantage over my contemporaries. Although it did help me earn my first matter easily, but unless I performed, it wouldn’t have ensured the future briefs coming my way. In fact, I lost a couple of briefs when people learnt about my family background. It was an added pressure for me to conduct myself in a certain way. This made me apprehensive and I never went to anyone asking for a brief, not because I was too proud to ask for it but because I felt my work would be my identity. I believed if I worked honestly and sincerely I would get noticed. So from the end of 1st year in college, I joined the chamber of my senior Mr Hirak K. Mitter, senior barrister and every day after college hours, I used to attend his Chamber, work out briefs, make lists of dates, read judgments, make my own notes and attend conferences in matters where I wasn’t even engaged. That was a huge learning experience. For 5 years even my senior didn’t have much interaction with me. I would return home late in the night and break down at the dinner table. After seeing me attend his chamber every day for 5 years, with not a single break my presence was felt and also acknowledged. I earned my senior’s trust and confidence. At the end of 5 years, with my senior’s recognition, I started assisting him in heavy matters singlehandedly. Then from assisting him to appearing as an arguing counsel, it was a journey in itself that happened over the years. 

    In setting up your chambers, you’ve emphasized creating an environment where everyone can speak their mind. How do you foster such an atmosphere, and why is it important to you?

    I always tell my juniors to read the facts well. Knowing where to find the law and how to apply a proposition of law would all come subsequently once the facts are mastered. Difficult law points are not always there in every matter. So knowing what are the facts on which law has to be applied, reading is important. To understand it better, a discussion and exchange of thoughts are important. In my senior’s chamber, my senior used to invite us to have a one-on-one participation in conference. That helped us think of different outcomes, options, and perspectives to a matter. Logical thinking and reasoning develop only when there is a conducive environment to air one’s views, without fear. If I see my juniors doing well and better than me, it would be a moment of great satisfaction. Knowledge is the only thing that grows with sharing, so I don’t keep anything up my sleeves. Whatever I learn and know, I believe in sharing that. At times I even find my juniors bringing up some fresh ideas on the table, so there are always new things that I even end up learning from them. It is important to give them that confidence since if they can speak freely to me they can address the Court better and fearlessly.

    Having worked on various matters, including some high-profile cases, is there a particular case or experience that stands out as a significant turning point in your career?

    There are about 4 or 5 such cases. Exposure to matters like the Will case of the Late Priyamvada Devi Birla, helped me learn a lot about mutual Wills, and testamentary suits. I was fortunate enough to get an opportunity to address the Hon’ble Division Bench at the request of the then Chief Justice J.N. Patel in this matter as the junior most member on the side of the Birla after all the seniors had finished their arguments. I was asked if I would like to address the Hon’ble Bench on what I understood of Administrator-pendente lite after hearing and assisting my seniors and copiously taking down notes during arguments for so many days. It was too overwhelming for me but I really enjoyed getting to address such a heavy matter for about half an hour. 

    Then addressing on behalf of RBI in the Saradha chitfund case was a great experience. I learnt about goodwill valuation and the company being sold as a going concern from handling the SST Media case which was regarding Kolkata TV. Learnt a lot about Thika Tenancy from the case of Fona Rubber, then came to learn about the Originating Summons suit from Thakurani Sree Sree Durga Mata Jew case where I assisted the late Mr. S.B.Mookerji. I learnt about misfeasance first-hand from the matter of Jamshedpur Cements which was reported in (2011) 4 CNH but my name was not reported. These are some prominent cases that come to my mind. My exposure in arbitration was through Shappoorji Pallonji vs Videsh Sanchar Nigam Limited which was a huge matter with a lot of intricate points. I learnt about liquidated damages and Hudson’s formula on the calculation of loss of profit first from this arbitration. 

    Your approach to technology is interesting, acknowledging its importance while maintaining a preference for traditional methods like reading physical books. How do you strike a balance between embracing technology and preserving traditional legal practices?

    Change is the only constant. So we have to adapt ourselves to the changing times and technology. When we see other High Courts like Delhi and Bombay, most of the counsel prefer going paperless. They have their brief stored in iPads on liquid text, notes, judgments everything in the system. It’s fascinating. I am yet to go paperless that way as now I prefer micro-Xeroxing briefs in big matters but I do appear virtually in matters either for court appearances or conferences. Even arbitrations are being conducted virtually or in hybrid mode. This truly saves time and cost. However, when it comes to reading textbooks on law, I still prefer the touch and smell of the books. I also enjoy writing down points using pen and paper instead of iPad and good notes. But I accept the change with an open mind and also use iPads in courts at times. Research work has become simplified due to online search engines. But once I come across a case online, I take out my journal and read. I feel some things are to be preserved while accepting the changes.

    As a trained classical vocalist and music lover, your interest in sketching with social messages is intriguing. Can you share a bit about your artistic side and how it contributes to your personal expression or advocacy?

    Music is my soul. I have been in training since age 4. Nowadays I don’t get that time for Riyaz but I sing for my daughter now who has a musical inclination. My interest in sketching began only in lockdown when I discovered this new side of me. Whatever I sketch has a social message, starting from acid attack to saving nature. I even write a bit of poetry but that is purely for my own reading. The creative side of me is a gift from God and whenever I am sad or even happy I think I express it through either music or poetry. Creativity helps to channel my emotions and handle pressure better. 

    Looking ahead, you’re pursuing a mediation program. How do you see alternative dispute resolution methods like mediation shaping the future of legal practice, and what motivated you to explore this avenue?

    I always prefer gathering knowledge. Mediation is a well-accepted ADR system in South East Asia, Europe and further West. India is slowly catching up. We have now the Mediation Act in force. There are mediation centers also attached to High Courts where matters are referred for exploring mediation. My interest cropped up when section 12A of the Commercial Courts Act, 2015, which mandates pre-institution mediation in commercial suits. Litigants are wary of mediation and we lawyers need to open up as well in embracing this mediation. Personally, I feel, if matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialised subject and I am the first batch pursuing 60 hours+ program under Indian Institute of Corporate Affairs. Certified Mediators with the right training can facilitate parties resolve their disputes while restoring relationships. 

    How does your involvement with the Robin Hood Army and your dedication to social causes enrich or influence your perspective within the demanding realm of your legal career?

    I associated myself with RHA and signed up as a volunteer during a pandemic. Participating in the drives as a volunteer of RHA and then taking up other blood drive campaigns, and vaccination programs through tie-ups with Institutions helped me grow as a person. Now I do not get that time to act as a volunteer in the demanding realm of legal career but I do my own bit every now and then through Ramakrishna Math and Mission as well as other organisations. Doing pro bono matters for social causes like the Haemophilia Society or handling cases like acquiring land for Palli Mangal where women are trained and earn their own livelihood under Ramakrishna Mission order, are my way of giving it back to society.

    Over the years, you’ve trained numerous law students as interns. Have you noticed any notable differences in the skill sets of students today compared to when you started your career? And in your training programs, what specific advice or guidance do you find yourself consistently offering to the aspiring lawyers of this generation?

    In our formative years we used to work for learning. Now because of the change in society, students are keen on earning from day one. That is a noticeable change for sure. 

    I find today’s generation is quick in research, as they are all tech-savvy. But overall I find they are in a race against time. Quick recognition and quick fame are not lasting and anything of substance requires nurturing, perseverance and time. Whoever is willing to do that, would sure to taste success. This is usually what I keep telling my juniors and interns. There is no magic mantra and anything that is too easily achieved is short-lived, so as my Grandpa used to say- “Hard work first, hard work second and hard work last. If anything is left, it’s hard work again!” I try to live by that and aspire to be a better human being, living on my terms with my head held high and respecting and loving the institution of which I am a part of. 

    Get in touch with Suchishmita Ghosh Chatterjee-

  • “It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain”- Anisha Mathur, Partner at Shepherd Law Associates

    “It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain”- Anisha Mathur, Partner at Shepherd Law Associates

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

    To start, can you give our listeners a brief introduction to your background and journey in the field of law? How did you initially become interested in pursuing a legal career?

    I love stories! If you carefully hear, everyone has something to share. That’s just the essence of law.

    Growing up, I have harboured a deep love for listening to the stories of other people. Whether engaging with friends facing some challenges or family issues, I always felt a strong desire to offer solutions and guidance. The process of meeting individuals, understanding their problems, and finding ways to help them has been a fascinating aspect of my life.

    This interest and problem-solving attitude that developed in me over the years played a pivotal role in shaping my career aspirations. The realisation that a legal profession could empower me to resolve the problems of others fuelled my passion. As I delved into law subjects, and navigated the intricacies of the legal system during my internships, I became increasingly convinced that this profession was my calling.

    In essence, my journey into law is not merely a career choice but a manifestation of a lifelong passion for understanding and resolving the issues that people encounter on a day to day basis. 

    Whether it’s aiding someone to reclaim what’s rightfully theirs, providing a way out of an abusive relationship, assisting companies in debt recovery or negotiation, or facilitating legal actions, each act is incredibly fulfilling. It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain. Law has a transformative power in both individual lives and society at large.

    Today, as the founding partner of Shepherd Law and Associates, my journey in law has been both diverse and enriching. With a distinction in my Masters from Queen Mary, University of London, and being NCA qualified in Canada, my practice has spanned various sectors. I have had the privilege of representing a wide range of clients, from individuals to the State of Maharashtra to US-based organisations, across fields such as Pharmaceuticals, Fintech, Artificial Intelligence, Jewellery, and Sports. This breadth of experience has allowed me to develop a versatile approach to legal challenges.


    Your LLM in Intellectual Property Law from Queen Mary, University of London is quite impressive. Could you share what drew you to specialize in intellectual property law, and how has this expertise shaped your legal career? 

    Choosing to specialise in Intellectual Property Law at Queen Mary, University of London was a thoughtful decision because I saw how applicable this area of law is globally, especially in growing industries. The course provided innovative learning opportunities, delving into areas such as the legal implications of 3D printing, the evolving video gaming industry, and emerging concerns in privacy and personality rights. These areas, especially privacy law, have now become pivotal in the global legal arena. 

    My proficiency in these domains has been crucial, from my very first job under the mentorship and guidance of Ms. Vibha Datta Makhija, Supreme Court designated Senior advocate, who has some of the most prominent cases and at the time was representing the Union of India in matters related to privacy laws. The knowledge kept helping me as I continued to guide my clients in crafting comprehensive privacy policies and Terms of Use.

    The option to study Alternative Dispute Resolution (ADR) as one of my course subjects, complemented my expertise, aligning with its growing significance in both personal and corporate dispute resolution today. Skills acquired in negotiation, mediation, and understanding ethical practices have proven invaluable in client counselling and effective case resolution through amicable settlements.

    My choice of IPR, combined with forward-thinking courses, enabled me to address a wide, international market. The course’s emphasis on creative problem-solving and open-ended exam formats, which encouraged innovative thinking over rote memorisation, greatly enriched my learning experience. For instance, my proposal for new legislation in an exam not only showcased my creative legal thinking but also contributed to my distinction in the LLM program.

    Studying abroad extended beyond academic achievements, fostering personal growth, independence, and a deeper appreciation for cultural diversity. This comprehensive experience has not just enhanced my capabilities as a legal professional but also transformed me into a well-rounded individual, prepared to excel in a global environment.

    Having worked with diverse clients across India, Singapore, and the UAE, can you highlight a couple of key experiences or cases that were particularly impactful in your career? How did you navigate the challenges posed by different legal jurisdictions and cultures?

    In my career, working with clients across India, Singapore, and UAE and many other jurisdictions, the key to handling diverse cases successfully has been comprehensive research and robust teamwork. 

    My journey in Indian law began at the Supreme Court and Delhi High Court, under the mentorship of Ms. Vibha Datta Makhija. This experience, particularly on high-profile cases like the Bofors scam and the WhatsApp-Facebook privacy issue, was crucial in understanding the nuances of representing clients in India’s highest courts. My subsequent empanelment with the State of Maharashtra, under the leadership of Mr. Nishant R. Katneshwarkar, Standing Counsel for the State at the time, built upon this foundation. The insights and skills I developed under Ms. Makhija’s guidance proved instrumental in my growth and effectiveness in these roles. The only way to navigate through challenges is to face them.

    Whether dealing with prominent clients in the arena of mixed martial arts in Bahrain, aviation in the UAE, or emerging sectors like Electric Vehicle, Artificial Intelligence, Fintech and sports in India, the approach remains consistent: engaging with industry professionals and learning continuously. This attitude has been fundamental in navigating different legal jurisdictions and cultures.

    Facing new challenges, seeking advice from experts, and always responding professionally and promptly are crucial. My guiding principle is simple: if you commit to a task, give it your all and never stop growing professionally.

    As a partner at Shepherd Law & Associates, you lead a team handling over 500 active litigation cases. How do you approach leadership, especially in a legal setting? And how do you balance strategic decision-making with day-to-day management?

    I believe in leading my team by empowering each member, creating an environment where open communication and collaboration thrive. This ensures that everyone feels valued and contributes meaningfully to our shared goals.

    I maintain a balance between strategic decision-making and day-to-day management by effectively delegating tasks and placing trust in my team’s capabilities. Regular meetings and progress reviews help me stay informed while also giving the team the autonomy they need. This approach not only streamlines our workflow but also fosters professional growth and a strong sense of ownership among team members. My role is to provide direction, instil confidence, and ensure that we meet our client commitments with the highest standards of legal service.

    In managing our practice, I have bifurcated and specialised teams dedicated to corporate matters, intellectual property rights, litigation, and so on. I make it a point to check upon my team and ensure they have a comprehensive understanding of every aspect of a case and deliver holistic solutions to our clients and my team knows that I am always reachable, at any hour of the day. 

    My team understands the unpredictable nature of court appearances. I encourage them to approach each day with a fresh mind-set, understanding that there will be good days and challenging ones, but they just need to do their best, rest everything works out. Following timelines, reaching on time, promptly responding to clients and fulfilling commitments, takes you a long way and also separates you from the crowd. Many struggle to do these things and that’s how you become different.

    Your experience spans multiple countries. Can you share insights into the challenges and advantages of handling legal matters in cross-border contexts? How do you navigate the complexities that arise in international legal representation?

    Handling legal matters in cross-border contexts presents both unique challenges and advantages. One of the main challenges is navigating different legal systems and cultural nuances, which requires extensive research and collaboration with local legal experts. This ensures accurate understanding and application of relevant laws. Another challenge is managing time zone differences and communication barriers, which we overcome through flexible working hours and clear, concise communication.

    The advantages include a broader perspective on legal issues and the opportunity to learn from diverse legal practices. It enhances our adaptability and problem-solving skills, making us more effective lawyers.

    To navigate these complexities, we focus on thorough preparation, building a network of international legal contacts, and staying updated on global legal developments. This approach ensures we provide our clients with informed, comprehensive legal representation in any international context.

    Mentoring seems to be an integral part of your role. How do you approach mentoring junior associates, and what advice do you find yourself giving most often to those starting their legal careers?


    Mentoring junior associates is deeply rewarding, yet it comes with the responsibility of guiding them through the stark realities of legal practice. I often share my own experiences, emphasising that the transition from law school to the courtroom is challenging. The practical aspects of law are much tougher than academic learning, and even something as basic as reading a case file can feel overwhelming at first.

    I remind them that internships, while valuable, are different from the reality of courtroom work, especially in litigation where initial earnings are modest. I started my career with a salary of INR 12,500/- p.m. despite my academic distinction, a stark contrast to peers in other fields. It’s easy to feel disillusioned, but persistence and passion are key.

    The journey in law is filled with learning from mistakes and facing tough feedback from seniors and judges. My advice is to embrace each day as a learning opportunity. If law is your passion, the challenges you face early in your career will eventually lead to rewarding experiences. 

    I encourage them to have faith in their journey, learn relentlessly, and approach every new challenge wholeheartedly. The path may be difficult, but it leads to growth and fulfilment beyond monetary gains.

    Passion in law leads to fulfilling outcomes, and I emphasise the importance of empathy and kindness in professional growth. The goal is to nurture not only skilled lawyers but compassionate individuals who recognise the power they hold to positively impact lives.

    What insights can you share about the motivations and challenges for new lawyers embarking on a litigation career?

    The path of litigation, particularly for first-generation lawyers, is often marked by a focus on service rather than immediate financial gain. 

    Many of us start by handling pro bono cases or assisting friends and family, building our practice without the expectation of significant remuneration. 

    This initial phase is crucial, as responsiveness and competence are key to retaining clients who often hold the misconception that lawyers are unreliable or deceitful. This is especially true for individual clients and small businesses. 

    Being successful in the legal world means being patient and not always focusing on immediate financial gains. This profession is all about learning, and you cannot become an expert overnight. It is more about consistently showing up, being open to new opportunities, and taking things one step at a time.

    When reflecting on my legal journey, I recall the initial years where I was an external member of company’s Prevention of Sexual Harassment (POSH) committee. Despite being a part of their Internal Complaints Committee (ICC), I went beyond my role to assist in problem-solving. This dedication led the same company to later offer a retainer to my firm, entrusting us with the responsibility of handling all their corporate and litigation compliances.

    Similarly, my empanelment with the State of Maharashtra before the Hon’ble Supreme Court of India followed a similar trajectory. Having previously assisted on various matters for the government to the senior, I gained the confidence to represent the State right from day one.

    The lesson learned from these experiences is that in the legal profession, don’t view yourself as a junior but see yourself as a leader, there are abundant opportunities for growth and recognition. By actively contributing and going beyond the expected role, one can build lasting relationships and open doors to new and exciting opportunities.

    Lastly, considering your journey and success in the legal field, what advice would you give to fresh law graduates who are just starting their careers? Are there any lessons you’ve learned that you wish someone had shared with you early in your career?

    Reflecting on my journey, I wouldn’t label it as a success; it’s still unfolding. A crucial understanding I have gained is the importance of compassion in the legal profession. 

    Recognising that everyone handles pressure differently and allowing space for growth and mistakes is vital. We all err, and it’s about learning and improving. Have faith in your team, rely on friends and connect with seniors. Help and seek help, there is no shame in asking what you don’t know yet.

    Early in my career, I was advised to keep going! and it’s something I firmly believe in. To fresh law graduates, my advice is to take it one day, one hour, or even one minute at a time. Be patient with yourself and your seniors. This profession will test you, but the key is to keep getting back up. Many may leave, but those who stay, grow immensely, both intellectually and financially.

    As the founding partner of Shepherd Law, I started with ‘file No.1’ and have now surpassed 500 active case files. This growth symbolises persistence and dedication.

    Another lesson that I have learnt is that one should preserve their mental peace to create a healthy work-life, in the high-pressure world of litigation or corporate, where intense concentration and problem-solving are constant, a hobby serves as a therapeutic escape. It provides a chance to unwind, offering a mental break from the complexities of legal cases and courtroom dynamics.  

    Therefore, my advice is simple, yet on bad days, extremely difficult to follow. ‘Just don’t give up yet!’

    Get in touch with Anisha Mathur-

  • You have to be in the process of continuous learning as the legal world  is like a dynamic river; it never stops moving-Shivee Pandey Sinha, Managing Partner at Sinha & Partners

    You have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving-Shivee Pandey Sinha, Managing Partner at Sinha & Partners

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

    Can you share the story of how you decided to pursue a career in law, and  what inspired you to become a lawyer? 

    Well, my journey into the field of law was greatly influenced by my family’s  legacy of distinguished lawyers, particularly my maternal grandfather, Mr. Gyan  Chandra Dwivedi. He was a Senior Advocate at the High Court of Judicature at  Allahabad and a true luminary in the legal world. His reputation for his commitment to  justice and his impact on people’s lives left an enduring impression on me. 

    As a child, I often found myself intrigued by the stories and discussions about  legal cases that echoed through our family gatherings. These conversations weren’t just  about courtroom dramas; they were about real people’s lives being shaped and justice  being served. The more I heard, the more I felt drawn to the idea of becoming a lawyer. 

    After finishing school, I decided to follow this innate calling and embarked on  my journey towards a career in law. I got myself enrolled in a B.B.A. LLB (Hons) program at Amity University, Uttar Pradesh. This was the first step in the realization of  my passion for the legal profession. 

    However, the pivotal moment in my journey came during my second year of  law school when I had the opportunity to intern with the Human Rights Law Network  (H.R.L.N.) in Allahabad. It was during this internship that I got a taste of what it truly  means to be a lawyer. 

    One particular case during this internship became a turning point in my life. I  was entrusted with the responsibility of drafting and arguing a Public Interest Litigation  (PIL) seeking a ban on the sale of acid in Uttar Pradesh. This was not just a case but a  chance to bring about tangible and positive change in society. 

    The day came when I had to stand before the court and present our case. To my  surprise and honour, the case was heard by the now Chief Justice of India, Justice D.Y.  Chandrachud, who was then presiding in Allahabad High Court along with Justice  Harcauli. My heart raced as I presented our case, knowing that it had the potential to  make a difference in the lives of countless people. 

    The order came in our favour, whereby the CMO of Allahabad was directed to  ensure that medical aid (bed in the severely burned ward) be provided to the acid attack  victim immediately. Further, Justice Chandrachud’s kind words of appreciation for our  efforts were incredibly encouraging. This experience was profoundly enriching and  reinforced my passion for law. It showcased the immense potential law holds to bring  about positive change in society and ensure justice is served. 

    From that moment on, my commitment to the legal profession deepened, and I  knew that I was on the right path. It was a journey driven by my family’s legacy and  fuelled by the desire to make a meaningful contribution to the world through the pursuit  of justice.

    Today, as a lawyer and Managing Partner at Sinha & Partners, Advocates and  Solicitors, I continue to be inspired by the values instilled in me by my family and the  belief that law has the power to transform lives and society for the better. This is the  story of how I found my calling in the world of law, and it’s a journey I cherish every  day. 

    Can you walk us through some key milestones and experiences that shaped  your legal career? 

    Certainly, let me take you on a journey through some key milestones and  experiences that have profoundly shaped my legal career. 

    One of the pivotal moments in my career came when I had the opportunity to  argue a case of medical negligence. It was a case that not only tested my legal acumen  but also my dedication to seeking justice for my client. The District Forum passed a  judgment in our favor, holding the doctors and hospital guilty of medical negligence  and unfair trade practice. It was a significant victory, but the journey was far from over. 

    The case was subsequently challenged before the State Commission, where we  faced a setback. The appeal was allowed, based on an erroneous finding by the State  Commission. It was a moment of adversity, but it only fuelled my determination. I  decided to challenge the State Commission’s order and sought revision before the  National Consumer Dispute Redressal Commission. 

    This was a critical juncture in my career, and it required unwavering  perseverance. After a rigorous legal battle, the National Consumer Dispute Redressal  Commission ultimately passed judgment in favor of my client. It was a sweet victory  that reaffirmed my belief in the legal system’s ability to right wrongs. 

    Another significant milestone in my journey was when I successfully had an  award passed by a Sole Arbitrator set aside under Section 34 of the Arbitration and  Conciliation Act, 1996. The circumstances surrounding this case were unique and  challenging. The award had erroneously granted rent to the landlord for a commercial  property during the lockdown imposed due to the COVID-19 pandemic. 

    The legal battle that followed was intense, but it led to a groundbreaking  decision by the Hon’ble High Court. The court ruled that COVID-19 constituted a force  majeure event, and invoking the force majeure clause during such times was both valid  and legal. It was a significant precedent that not only benefited my client but also had  broader implications for legal interpretations during unprecedented events. 

    In another instance, I managed to halt the initiation of the Corporate Insolvency  Resolution Process (CIRP) after the first meeting of the Committee of Creditors (CoC).  This achievement was the result of a strategic settlement between the Corporate Debtor  and the Creditor. It was a testament to the power of negotiation and finding common  ground in the often-complex world of insolvency proceedings.

    These milestones and experiences have played a crucial role in shaping my legal  career. They have instilled in me a deep sense of commitment to delivering excellence  in the legal profession. They have also equipped me with the skills and determination  needed to navigate the intricate and challenging legal landscapes that continue to unfold  before me. 

    As the Managing Partner at Sinha & Partners, you’ve navigated complex legal  landscapes. Could you share an example of a particularly challenging case or  situation you’ve encountered and how you successfully handled it? 

    There are several challenging situations which I encountered during my tenure as  the Managing Partner at Sinha & Partners. It is a complex legal landscape, and the  stakes are extremely high. 

    Let me share one of such many cases. The case involved a multinational corporation  embroiled in a protracted contractual dispute with a key business partner. The dispute  was multi-faceted, spanning several jurisdictions and involving significant financial  interests. Our client was facing the risk of substantial financial losses and damage to its  reputation if the dispute wasn’t resolved favorably. 

    Navigating this complex situation required a multi-pronged approach. Here’s how we  tackled it: 

    Thorough Analysis: The first step was an in-depth analysis of the contractual  agreements, relevant laws, and the nuances of the dispute. This involved a meticulous  review of documents and a deep understanding of the client’s business operations. 

    Strategy Development: Based on our analysis, we crafted a comprehensive legal  strategy. This included identifying potential weaknesses in the opposing party’s  arguments and formulating strong counterarguments. 

    Multi-Jurisdictional Coordination: Given the international aspects of the dispute, we  coordinated with legal experts and partners in various jurisdictions to ensure a cohesive  approach. Clear communication and strategic alignment were paramount. 

    Negotiation and Mediation: Recognizing the potential benefits of an amicable  resolution, we engaged in extensive negotiation and mediation efforts. This required  maintaining a delicate balance between asserting our client’s rights and exploring  settlement options. 

    Litigation Preparedness: Simultaneously, we prepared for potential litigation. This  involved gathering evidence, identifying key witnesses, and ensuring our legal team  was ready for courtroom proceedings. 

    Client Communication: Throughout the process, we maintained open and transparent  communication with our client. We provided regular updates on the progress of the case  and discussed potential scenarios and their implications.

    After months of intense negotiations and legal manoeuvring, we achieved a  favorable settlement for our client. The agreement not only safeguarded their financial  interests but also included provisions to protect their reputation and ongoing business  relationships. 

    This case taught me several valuable lessons. It emphasized the importance of  meticulous preparation, strategic thinking, and effective communication. It also  underscored the significance of flexibility and adaptability in the face of evolving  circumstances. 

    Ultimately, successfully handling this complex case was a team effort, and it  showcased the dedication and expertise of our legal team at Sinha & Partners. It  reinforced our commitment to delivering exceptional results for our clients, even in the  most challenging legal landscapes. 

    During your time as an External Member of the Internal Complaint  Committee under the Sexual Harassment of Women at Workplace Act, what have  been some of the most important lessons you’ve learned about workplace  compliance and gender equality? 

    Certainly, let me share my experiences during my time as an External Member of  the Internal Complaint Committee under the Sexual Harassment of Women at  Workplace Act. It’s been a journey filled with valuable lessons about workplace  compliance and gender equality. 

    Picture this – I found myself in a unique position, serving as an External  Member on the Committee. From the very beginning, it was evident that empathy plays  a pivotal role in addressing workplace harassment cases. Hearing the survivors’ stories  and understanding their experiences first hand made me realize the profound impact  empathy can have. It’s not just a professional duty; it’s about creating a safe and  supportive space where survivors can find solace and trust the process. 

    One of the standout lessons was the importance of proactive prevention. It’s not  enough to have policies in place; it’s about fostering a culture of respect and equality  within the workplace. When employees feel genuinely valued and respected, issues are  less likely to surface in the first place. Prevention truly is worth its weight in gold. 

    Then came the realization that fair procedures are the bedrock of any effective  complaint resolution process. The investigations must be thorough, impartial, and swift.  This ensures justice for all parties involved and maintains trust in the system. 

    Education emerged as a key component. Many employees, I discovered, weren’t  fully aware of their rights or what constituted harassment. Educating the workforce  about these critical matters proved to be pivotal. Knowledge empowers individuals to  recognize and report inappropriate behaviour, fostering a safer working environment. 

    Perhaps one of the most resounding lessons was the unequivocal stance against  retaliation. It was abundantly clear that employees should feel safe and secure when 

    coming forward with complaints. Fear of repercussions should have no place in such a  scenario. 

    And then there was the understanding that gender equality isn’t the sole  responsibility of one gender. It’s a collective effort that requires both men and women  to champion equality in the workplace. Everyone must play their part. 

    Lastly, the journey underscored that workplace compliance and gender equality  are not one-time achievements. They demand continuous improvement. Regularly  revisiting and enhancing policies and practices is the key to creating a better work  environment. 

    In summary, serving as an External Member of an Internal Complaint Committee  of an organisation is a profound experience that reinforced the significance of active  commitment, empathy, and an unceasing pursuit of improvement in creating a truly  inclusive and safe workplace for all. It’s a journey we should all embark upon together,  because, in the end, it’s about justice, respect, and equality for everyone. 

    Your expertise includes Commercial Litigation and Corporate Compliance.  Could you provide insights into the intersection of these two areas and how they  impact businesses in today’s legal environment? 

    Commercial litigation and corporate compliance—it’s like a dynamic dance, and  let me share some insights into how they tango in today’s legal landscape: 

    Risk Mitigation: Picture this as your shield in the legal battlefield. Strong  corporate compliance practices are your first line of defense. They’re all about  making sure your business plays by the rules and stays on the right side of the law.  Why? Because when you’re compliant, you’re mitigating the risk of legal disputes.  It’s like having an insurance policy against lawsuits. 

    Dispute Resolution: But hey, life’s not always a smooth sail. Disputes happen, and  when they do, your compliance practices and records can be your knight in shining  armor. They’re crucial in defending your actions and minimizing any potential legal  liabilities. It’s like having a well-prepared strategy for a chess match. 

    Contractual Compliance: Ever heard the phrase, “It’s all in the fine print”? Well,  in commercial litigation, it often is. Many cases revolve around contractual  disputes. So, if you’ve diligently adhered to your contractual obligations, you’re in  a much better position to steer clear of litigation storms. It’s like ensuring  everyone’s on the same page. 

    Regulatory Changes: The legal landscape is like a moving target—regulations  change, and they change fast. Staying updated on these changes and adapting your  compliance practices accordingly is like navigating a constantly shifting maze. It’s  a must to reduce the chances of legal headaches down the road. 

    Reputation Management: In today’s hyperconnected world, your reputation is  gold. Effective compliance and litigation management are like your guardians of 

    reputation. They not only keep you out of trouble but also safeguard your  company’s image. And in business, that’s priceless. 

    So, there you have it—commercial litigation and corporate compliance, two sides of  the same coin in today’s legal arena. Together, they help businesses thrive while  minimizing the legal hiccups that can trip you up along the way. It’s all about keeping  the dance smooth and in harmony. 

    You have experience representing clients before different courts and forums  in Delhi NCR. Can you share some valuable tips for young lawyers on effective  courtroom advocacy and client representation? 

    Absolutely, I’d be happy to offer some practical advice for young lawyers when  it comes to effective courtroom advocacy and client representation: 

    Thorough Preparation: Before stepping into the courtroom, invest ample time in  thoroughly understanding your case, including the legal aspects, relevant  precedents, and the key facts. Anticipate potential arguments from the opposing  side, and be ready with well-researched counterarguments. 

    Confidence and Professionalism: Maintain a confident demeanour while always  upholding the highest standards of professionalism. This includes how you interact  with both the court and your clients. Confidence can inspire trust in your clients and  convey competence to the court. 

    Effective Communication: When presenting your case, aim for clear and concise  communication. Avoid using legal jargon that might confuse your clients or the  court. Ensure that your client fully comprehends the proceedings, and be ready to  explain legal matters in plain language. 

    Active Listening: Actively listen to your client’s concerns and questions. Keeping  your clients well-informed about the progress of their case is vital. Address their  queries promptly and provide updates on the developments in their legal matter. 

    Adaptability: Be flexible in your approach. Legal proceedings can take unexpected  turns, so always be prepared to adapt your strategy and arguments if the  circumstances change during the case. This flexibility can be a key asset in  achieving the best possible outcome for your client. 

    Ethical Practice: Uphold the highest ethical standards in all your interactions and  actions. Your reputation for integrity is one of your most valuable assets as a lawyer.  Always act in the best interests of your clients while adhering to ethical guidelines  and professional conduct. 

    Mentorship: Seek out experienced lawyers who can serve as mentors. Learning  from their insights and experiences can be incredibly valuable as you navigate the  complexities of legal practice. A mentor can provide guidance, share practical  knowledge, and help you grow as a legal professional.

    Remember that effective courtroom advocacy and client representation are skills that  develop over time with experience and continuous learning. Stay dedicated to honing  these skills, and you’ll be better equipped to serve your clients and achieve success in  your legal career 

    When it comes to dealing with the Companies Act, 2013, I’ve seen firsthand  how it can get pretty complex. Businesses often encounter some common  challenges, and here’s my take on it: 

    Regulatory Changes: This act is like a chameleon—it’s always changing its colors.

    Frequent amendments and updates keep rolling in, and businesses need to stay on  their

    toes to keep up. It’s like trying to catch a moving target. 

    Corporate Governance: Proper corporate governance is crucial, but it’s not  always a walk in the park. It involves things like making sure board meetings are  held as required and disclosures are made accurately. Sometimes, it feels like  juggling multiple balls in the air. 

    Financial Reporting: Ah, financial reporting! This one’s a classic challenge. It’s  not just about numbers; it’s about getting them right, auditing them thoroughly, and  filing them on time. It’s like a high-stakes game of financial precision. 

    Related-Party Transactions: Compliance with regulations on related-party  transactions can be quite a puzzle. It’s a delicate balancing act, and one wrong move  can lead to trouble. Managing these intricacies is key. 

    Compliance Documentation: Let’s not forget about the paperwork. Maintaining  meticulous records and documentation is critical. It’s like building a paper trail that  stands up to scrutiny. 

    So, how do I lend a hand to businesses dealing with these challenges? Well, I like to be  proactive. I offer compliance solutions that are ahead of the curve, conduct thorough  compliance audits, and provide guidance that helps businesses navigate the Companies  Act, 2013, and all its intricacies. It’s all about making sure they stay on the right side of  the law while they focus on their core operations 

    Finally, for fresh graduates aspiring to pursue a career in law, what advice  would you offer based on your own experiences and growth in the legal field? 

    To fresh graduates with dreams of embarking on a legal career, I’ve got some  advice based on my own experiences and growth in the legal field: 

    First and foremost, nurture a true passion for the law and a steadfast dedication  to the pursuit of justice. Trust me, it’s this passion that will be your unwavering ally  when you face the inevitable challenges along the way. 

    Secondly, you have to be in the process of continuous learning as the legal world  is like a dynamic river; it never stops moving. So, make a pact with yourself to be a  lifelong learner. Stay curious, stay hungry for knowledge, and keep an eagle eye on 

    legal developments, including the latest case law and legislative changes. This  knowledge is your secret weapon for excelling in your practice and serving your clients  with excellence. 

    Finally, I could not stress more on the power of connections. Take the time to  build relationships within the legal community. It’s not just about collecting business  cards; it’s about forging genuine connections with fellow lawyers, mentors, and  seasoned practitioners. These connections can work wonders, opening doors to exciting  opportunities and valuable mentorship that can fast-track your journey in the legal  profession. 

    Remember, the path you’re embarking on is both challenging and incredibly rewarding.  With passion, continuous learning, and a well-nurtured network, you’ll not only  navigate this path but also thrive in the world of law. Best of luck on your exciting  journey ahead!

    Get in touch with Shivee Pandey Sinha-