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The 10 Rising Law Firm Startups To Watch In 2019

Corporate Lawyers today have stepped up to the task of handling the legal matters of various companies. They might be working in-house with the company or a separate law firm which caters to multiple clients and offers end-to-end solutions. In this issue of Insights Success, we are glad to enlist “The 10 Rising Law Firm to Watch In 2019”.

Corporate Lawyers today have stepped up to the task of handling the legal matters of various companies. They might be working in-house with the company or a separate law firm which caters to multiple clients and offers end-to-end solutions. In this issue of Insights Success, we are glad to enlist “The 10 Rising Law Firm to Watch In 2019”.

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ISSUE - 2


Editor-in-Chief Pooja M. Bansal<br />

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Executive Editor<br />

Sneha Sinha<br />

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From the<br />

Editor<br />

<strong>The</strong> Rise of<br />

Corporate <strong>Law</strong><br />

ith the rise in corporate companies<br />

Wand jobs in <strong>In</strong>dia, the role of a<br />

Corporate <strong>Law</strong>yer has become<br />

eminent. Corporate <strong>Law</strong>, also known as<br />

Company <strong>Law</strong> or Corporations <strong>Law</strong> is fast<br />

becoming a sought after career option. <strong>The</strong> law<br />

defines and describes how various entities in a<br />

corporate environment like shareholders,<br />

directors, employees, etc. interact with each<br />

other and with the community.<br />

Over the ages, various laws and amendments<br />

have been introduced by the Government to<br />

ensure fair practices across corporates. It also<br />

takes care of various factors like competition,<br />

foreign investment, partnerships, sales, buyer<br />

protection and many more. A dedicated or<br />

in-house corporate lawyer in a company is<br />

responsible for taking care of business<br />

decisions in a legal way. It is his/her<br />

responsibility to make sure that the company<br />

does not get embroiled in a law violating<br />

decision, help it with tax issues, employee<br />

relations and also legal charges that come in<br />

the way of the company.<br />

Companies now agree to the requirement of a<br />

dedicated corporate lawyer, instead of the<br />

previously prevalent method of asking the CA or<br />

the CS for legal advice, they are now<br />

recognising the value of a thorough professional<br />

who is trained to do such tasks. <strong>Law</strong>yers too are<br />

rising to the occasion and providing solutions<br />

that are effective and contemporary. <strong>The</strong>y have<br />

taken to technology in doing so and are utilizing<br />

it with a penchant. <strong>The</strong> legal infrastructure is up<br />

for a facelift as it mingles around with the<br />

corporate culture and this blend is sure to<br />

benefit both in due course.<br />

Sneha Sinha


CONTENTS<br />

08<br />

COVER<br />

STORY<br />

INTERVIEW WITH INSIGHTS SUCCESS<br />

Vandana Shah<br />

and Associates<br />

Exceptional and Personalised<br />

Legal Services<br />

26<br />

Veritas Legal<br />

Empowering Corporates with<br />

Reformative Legal Expertise<br />

32<br />

For the People<br />

BRINGING JUSTICE SWIFTLY<br />

ARTICLE


16<br />

20<br />

Rajeshwari & Associates<br />

Providing <strong>In</strong>sightful Advice<br />

and Seamless Services<br />

Rishabh Gandhi And Advocates<br />

A Name Synonymous for<br />

Comprehensive Legal Solutions<br />

34<br />

CXO Standpoint<br />

Ease of Doing Business<br />

– Banking and <strong>In</strong>surance <strong>In</strong>dustry<br />

24<br />

Atlas <strong>Law</strong> Partners<br />

A <strong>Rising</strong> Star in<br />

the Legal <strong>Firm</strong>ament<br />

36<br />

Corp Comm Legal<br />

Providing Sincere and<br />

Professional Legal Solutions<br />

40<br />

42<br />

JusContractus<br />

Providing Efficacious<br />

Solutions to Challenging<br />

Legal Issues<br />

Samisti Legal<br />

Leveraging Expertise to<br />

Provide Quality Legal<br />

Services


1<strong>The</strong><br />

<strong>Rising</strong><br />

LAW FIRM<br />

<strong>To</strong> <strong>Watch</strong> <strong>In</strong> <strong>2019</strong><br />

Keeping Corporates Bound by <strong>Law</strong><br />

company, apart from keeping an eye on profits, must also take care of the legal aspects. Different<br />

Acountries have different laws governing the functioning of companies that must be followed at all<br />

cost. <strong>The</strong>se laws outline and highlight what is expected of a company and how it should go about its<br />

daily business. As such, it makes total sense to have a separate and dedicated legal department like other<br />

department.<br />

Corporate <strong>Law</strong>yers today have stepped up to the task of handling the legal matters of various companies. <strong>The</strong>y<br />

might be working in-house with the company or a separate law firm which caters to multiple clients and offers<br />

end-to-end solutions. <strong>In</strong> this issue of <strong>In</strong>sights Success, we are glad to enlist “<strong>The</strong> <strong>10</strong> <strong>Rising</strong> <strong>Law</strong> <strong>Firm</strong> to<br />

<strong>Watch</strong> <strong>In</strong> <strong>2019</strong>”.<br />

<strong>The</strong>se firm advice and take care of the legal matters of corporate clients with utmost sincerity and<br />

professionalism while they take care of their profits and targets.<br />

<strong>The</strong> Cover Story of this issue features Veritas Legal, a legal firm that is empowering corporates with<br />

reformative legal expertise.<br />

Rajeshwari & Associates, a full-service law firm, with expertise extending across a wide spectrum of areas<br />

amongst diverse industries and sectors is our Outstanding <strong>Law</strong> <strong>Firm</strong>.<br />

Featuring as the Prominent <strong>Law</strong> <strong>Firm</strong> in this issue is Rishabh Gandhi and Advocates, a multidisciplinary <strong>Law</strong><br />

<strong>Firm</strong> based in Pune having reputation for its expertise and excellence in a bouquet of diversified legal services.<br />

Also featuring in this issue are Atlas <strong>Law</strong> Partners, a boutique corporate and transactional advisory firm, Corp<br />

Comm Legal, a corporate/commercial laws focused firm, JUSCONTRACTUS, a full-service law firm, and<br />

Samisti Legal LLP, an emerging <strong>Law</strong> <strong>Firm</strong> in Hyderabad specializing in niche areas of Corporate <strong>Law</strong>s.<br />

Companies who also made it to the enlisting are Aureus <strong>Law</strong> Partners, Dhaval Vussonji & Associates and<br />

Ezy <strong>Law</strong>s.<br />

<strong>The</strong> issue also highlights the viewpoint of Ashok Dhingra and Sonia Gupta, Partners at Ashok Dhingra<br />

Associates, who share their insight about Ease of Doing Business – Banking and <strong>In</strong>surance <strong>In</strong>dustry. <strong>The</strong><br />

insightful interview of Vandana Shah, Founder, Vandana Shah and Associates showcases her strength and<br />

resolve. Read about various schemes aimed at speeding up the courts in our in-house article Bringing Justice<br />

Swiftly from For the People.<br />

We hope you enjoy reading this issue as much as we did while creating it!!


1<strong>The</strong><br />

<strong>Rising</strong><br />

LAW FIRM<br />

<strong>To</strong> <strong>Watch</strong> <strong>In</strong> <strong>2019</strong><br />

“Our success is driven by our core values which form<br />

the very foundation in defining our cohesive culture<br />

and what we stand for as a team.”


<strong>The</strong> current developments in the<br />

<strong>In</strong>dian business eco-system,<br />

marked by the ever-evolving<br />

startup culture, have instigated a<br />

necessity in being au fait with the<br />

requisites of these developments, and<br />

the prominent of them being the sphere<br />

of Business or Commercial <strong>Law</strong>. For a<br />

fact, the discipline of <strong>Law</strong>, or much<br />

precisely, the science and art of justice,<br />

in its essence is complex for the<br />

common multitude to comprehend<br />

efficiently. This fact, in turn, leads us to<br />

the justification, as to why professional<br />

advocates play a significant role when<br />

it comes to legal conjectures within all<br />

spheres under the umbrella. Now,<br />

evidently, these notions of significance<br />

and the quest for unparalleled expertise<br />

have cleared the path for us at <strong>In</strong>sights<br />

Success in our endeavor to seek and<br />

unveil the <strong>10</strong> rising law firms in <strong>In</strong>dia,<br />

and brought us to the gates of Veritas<br />

Legal, Mumbai.<br />

Established in 2015, Veritas Legal is a<br />

boutique business law firm comprising<br />

of experienced professionals who have<br />

worked in leading law firms in the<br />

country. <strong>The</strong> firm has extensively<br />

emphasized upon mergers and<br />

acquisitions, corporate commercial<br />

advisory, transactions and dispute<br />

resolution and has successfully carved<br />

a niche for itself in the highly<br />

competitive legal market in <strong>In</strong>dia. <strong>The</strong><br />

firm’s congregation of experienced,<br />

motivated and dedicated lawyers<br />

thrives on energy and complexity. Its<br />

clients benefit tremendously from the<br />

team’s unparalleled skills blended with<br />

Veritas Legal’s culture, personal<br />

attention and streamlined advice that it<br />

provides. <strong>The</strong> firm’s success is driven<br />

by its core values which form the very<br />

foundation in defining its cohesive<br />

culture, and what it stands for as a<br />

team. <strong>The</strong> key practice areas of the<br />

<strong>Firm</strong> include Mergers & Acquisitions,<br />

Private Equity, Dispute Resolution,<br />

Real Estate, Retail & Franchising,<br />

Competition law, Banking & Finance,<br />

Private Client practice, Restructuring<br />

“We have a<br />

sense of<br />

direction and we<br />

believe in our<br />

values, hard<br />

work, quality<br />

and solid<br />

implementation,<br />

and beyond that<br />

time will tell the<br />

story, if we are<br />

deserving of it”<br />

& <strong>In</strong>solvency and Data Protection and<br />

Privacy.<br />

<strong>In</strong> its initial stages, the firm was only a<br />

team of five lawyers. Through the<br />

course of time, it has grown<br />

exponentially, and in less than four<br />

years, the firm’s strength accounts to<br />

approximately 60 people including 40<br />

lawyers. As is the case, with the initial<br />

journey, there were a fair number of<br />

challenges, however, the client<br />

confidence in the firm and its people<br />

has been unwavering, thereby making<br />

the firm’s journey an exhilarating one.<br />

Recently, Veritas Legal was ranked in<br />

the <strong>To</strong>p <strong>10</strong> <strong>Law</strong> <strong>Firm</strong>s by Deal Value<br />

and Deal Count for <strong>In</strong>dia in the<br />

Mergermarket Global & Regional<br />

M&A Report Q1 <strong>2019</strong>; and ranked #6<br />

by Deal Volume and #7 by Deal Count<br />

for the <strong>In</strong>dia Announced Deals in the<br />

Bloomberg Global M&A Market<br />

Review Q1 Legal Rankings <strong>2019</strong>. <strong>The</strong><br />

firm has been consistently ranked in<br />

the Mergermarket, Bloomberg,<br />

Thomson Reuters and Venture<br />

<strong>In</strong>telligence league tables for <strong>In</strong>dia and<br />

other global rankings. <strong>The</strong> firm and its<br />

members have also been recognized in<br />

the RSG <strong>In</strong>dia Report 2017 in the top<br />

40 <strong>In</strong>dia ranking, Chambers and<br />

Partners (Asia-Pacific and Global<br />

Guides), IFLR<strong>10</strong>00, IBLJ, Benchmark<br />

Litigation, Asian Legal Business and<br />

Asialaw Profiles. (Source: Linked<strong>In</strong>,<br />

veritaslegal.in, mergermarket.com)<br />

<strong>The</strong> <strong>To</strong>rch of Leadership<br />

Veritas Legal has been consistently<br />

ascending the stairs of unmatched<br />

excellence under the leadership of<br />

Abhijit Joshi, the firm’s Founder and<br />

Managing Partner. From the flames<br />

of his inquisitive nature, his inclination<br />

towards logic-based solutions acting as<br />

a catalyst, and being apathetic towards<br />

math and science, conceived Abhijit’s<br />

decision of choosing law as a<br />

profession. With a prominent career<br />

spanning across 25 years, Abhijit is a<br />

qualified Solicitor in <strong>In</strong>dia and England<br />

and one of <strong>In</strong>dia’s leading Corporate<br />

and M&A lawyers.<br />

Abhijit has been recognized in <strong>The</strong><br />

A-List: <strong>In</strong>dia’s top <strong>10</strong>0 lawyers by<br />

<strong>In</strong>dia Business <strong>Law</strong> Journal and ranked<br />

in Band-1 for Corporate/M&A by the<br />

prestigious Chambers & Partners Asia<br />

Pacific Guide for a few years now. <strong>In</strong><br />

addition, he has received many<br />

accolades including ‘Highly Regarded’<br />

lawyer by IFLR<strong>10</strong>00. He has in the<br />

past received the Financial Times<br />

<strong>In</strong>novation Award (Asia Pacific) for a<br />

complex merger transaction.<br />

Addressing Contemporary<br />

Challenges<br />

Abhijit strongly believes that the legal<br />

profession in the last two decades has<br />

changed dramatically, trying to keep<br />

pace with the economic evolution of<br />

the country and consequently, many<br />

new laws have evolved. Pertaining to<br />

the same landscape, the legal<br />

profession is away from<br />

institutionalization considering it is


“Cumulation of jobs small and big done well, aggregates<br />

into goodwill and that’s what we are busy working towards”<br />

presently devoid of competition from foreign law<br />

firms. Growth on one side and lack of<br />

institutionalization on the other, sometimes creates<br />

an unhealthy tension for the evolution of the legal<br />

profession and developing a centre of excellence<br />

within the country. This also sometimes results in a<br />

lack of consolidation and over fragmentation in the<br />

market, which is not necessarily good for the legal<br />

industry at large.<br />

Upholding Culture, Achieving Distinction<br />

Veritas Legal has established a Pro Bono Program<br />

to ensure access to justice, promote the rule of law,<br />

provide legal services to those unable to afford a<br />

lawyer, and to assist clients to achieve their<br />

Corporate Social Responsibility objectives. <strong>The</strong> Pro<br />

bono service has been an integral part of the firm’s<br />

culture and is the backbone of the value system,<br />

which is clearly demonstrated from the firm’s and<br />

its lawyers’ involvement in several cases, one of<br />

which includes, being appointed as an Amicus Curie<br />

by the Bombay High Court in a Public <strong>In</strong>terest<br />

Litigation to assist the Division Bench of the High<br />

Court in regard to the issue regarding the right of<br />

inmates to practice their own religion during the<br />

tenure of their sentences in prisons all over <strong>In</strong>dia.<br />

<strong>The</strong> firm has recently announced a 40% average<br />

increase of fixed remuneration across all associate<br />

levels for the Financial Year <strong>2019</strong>-20(Source: IBLJ).<br />

This is a substantial increase and puts a 4-year old<br />

<strong>Firm</strong> significantly in line with the Tier-I law <strong>Firm</strong>s<br />

in <strong>In</strong>dia as far as remuneration is concerned. <strong>The</strong><br />

firm expects to attract even better talent with the<br />

above announcement and has also embarked on<br />

structured internship programs with various law<br />

schools.<br />

“Culture continues to be the cornerstone of our<br />

philosophy, but the remuneration in line with the top<br />

tier of the industry is essential for any platform,<br />

which intends to deliver high quality services to<br />

clients. It has taken us a little time given that we are<br />

only 4 years old, but this move has been on our<br />

mind for a while,” Abhijit expresses.<br />

Exhibiting Prominence<br />

Ÿ RSG <strong>In</strong>dia <strong>To</strong>p 40 <strong>Law</strong> <strong>Firm</strong> 2017<br />

Clients praised Veritas Legal for a number of<br />

reasons, namely, lawyers’ ’exceptional knowledge<br />

of all legal issues’ and ability to provide a<br />

’personalised service’. Some clients commented<br />

on attitudes and culture at the firm, highlighting<br />

trust in its lawyers, their integrity and willingness<br />

to help. Clients also noted the efficiency with<br />

which the firm delivered legal services and<br />

praised its ‘phenomenal work’'<br />

Ÿ Asialaw Profiles <strong>2019</strong><br />

“<strong>The</strong> firm consists of a young team of<br />

professionals who are extremely dedicated to<br />

their clients and have in depth knowledge of the<br />

law as well as the facts. <strong>The</strong> firm is able to<br />

understand the client’s requirements, give<br />

practical advice and adapt to the situation at hand.<br />

Extremely nimble and always on hand, thereby<br />

instilling a great level of confidence in the client.”<br />

– Corporate and M&A, Dispute resolution,<br />

Regulatory<br />

Ÿ Benchmark Litigation Asia-Pacific 2018<br />

“Veritas Legal provides strategic advice and has<br />

business acumen. Further, it is able to deliver<br />

within stringent timelines with high quality advice<br />

and drafting. It also has strong negotiation skills.<br />

<strong>The</strong> firm is very responsive, has strong bench<br />

strength and well-seasoned professionals. Access<br />

to partner time and attention on matters<br />

strengthens clients’ confidence in working with<br />

the firm.” – Commercial and transactions<br />

Ÿ Chambers and Partners <strong>2019</strong><br />

Commentators highlight the team as “an<br />

emerging firm in the M&A space.”


Photo Courtesy - Mr. Kunal Bhende (Partner & Creative Director at Nomsans Creative)<br />

Bequeathing Success, Beholding the Future<br />

<strong>In</strong> his advice to the budding entrepreneurs and startups, Abhijit<br />

says, “the first lesson for any entrepreneur, in my view, would<br />

be for them to know their own business. Often there is haste or<br />

allure to many success stories without much concentration on<br />

the substance. <strong>The</strong> second aspect is that every entrepreneur<br />

should look into is scalability of their business. Great ideas are<br />

worth little if they cannot be implemented and even if<br />

implemented, are not scaled to its potential. <strong>The</strong>refore,<br />

sustained implementation plays a huge role in the success of<br />

any organization.”<br />

Commenting upon the future prospects of Veritas Legal, Abhijit<br />

says, “We see <strong>In</strong>dia poised to grow and along with it, the legal<br />

industry will also grow exponentially.” <strong>The</strong> firm plans to grow<br />

deeper into specialization and has added senior resources in<br />

Bankruptcy and Real Estate practice. “We will grow, but in a<br />

calibrated fashion, deeper as opposed to wider whilst<br />

continuing to remain true to our values. <strong>The</strong> rest will follow,”<br />

he concludes.<br />

“Pro Bono service<br />

has been an integral<br />

part of the <strong>Firm</strong>’s<br />

culture and is the<br />

backbone of the<br />

value system”


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in


JUNE <strong>2019</strong> 16


17 JUNE <strong>2019</strong>


JUNE <strong>2019</strong> 18


19 JUNE <strong>2019</strong>


With each passing day, the corporate world is<br />

witnessing transformations like never before. <strong>In</strong><br />

this new-age of tech-enabled discoveries and<br />

rapid advancements, it is necessary for an organization to<br />

place its best foot forward in staying aware about its rights,<br />

responsibilities, legal risks and various legal solutions for<br />

creating a niche in its sector.<br />

Rishabh Gandhi And Advocates (RGAA) is an <strong>In</strong>dian<br />

multidisciplinary <strong>Law</strong> <strong>Firm</strong> striving with a vision to roll out<br />

comprehensive legal solutions to the client organizations.<br />

Holding the reins of ethical and quality <strong>Law</strong> practice,<br />

commitment, mutual trust, and client contentment, RGAA is<br />

truly breaking the traditional legal shackles and<br />

benchmarking its presence in <strong>In</strong>dia and overseas. With a<br />

decade of concrete endeavors, RGAA now stands at the<br />

forefront of expertise and excellence. Its curated set of<br />

services is the evidence to its legal knacks.<br />

“<br />

We believe in giving back to<br />

the society and strive for it<br />

continuously<br />

“<br />

Being an ISO 9001:2015 certified full-service law <strong>Firm</strong>; its<br />

services define the true essence of ethical standards and<br />

quality management to the core. <strong>In</strong> 2018, it has been<br />

bestowed with the ‘Most Promising Corporate Legal<br />

Consultant’ award by Silicon <strong>In</strong>dia. Currently, the <strong>Firm</strong><br />

provides legal solutions to a diversified client base that<br />

includes multinational companies, start-ups, corporate<br />

entities, commercial, real estate enterprises, and banks &<br />

financial institutions. It keeps no stone unturned to quench<br />

the needs of Government bodies and public sector<br />

undertakings, educational and charitable trusts, and other<br />

associations as well as individuals.<br />

Treading an Extra Mile<br />

Over the years, the <strong>Firm</strong> has resolutely spread its wings<br />

across different areas including Alternative Dispute<br />

Resolution, Consumer <strong>Law</strong>, Corporate and Commercial<br />

<strong>Law</strong>, Capital Market, Compliances, and Drafting &<br />

Conveyance. It provides services related to <strong>In</strong>solvency and<br />

Bankruptcy, Private Equity <strong>In</strong>formation Technology and<br />

Cyber <strong>Law</strong>, <strong>In</strong>tellectual Property <strong>Law</strong>, Civil and<br />

Commercial Litigation, Real Estate and Construction,<br />

Environment <strong>Law</strong>, and Family <strong>Law</strong> & Estate Advisory.<br />

Besides, Formation of Trusts, Apartment, Condominium<br />

and Societies, <strong>In</strong>surance and Banking <strong>Law</strong>, Criminal <strong>Law</strong><br />

are some of the other practice areas that RGAA focuses on.<br />

Under Rishabh’s aegis, the <strong>Firm</strong> conducts weekly<br />

brainstorming sessions for its employees to keep them<br />

updated regarding the recent judgments, laws, amendments,<br />

etc. Motivating employees to participate and represent the<br />

<strong>Firm</strong> at various seminars and workshops in order to develop<br />

their overall knowledge and skillsets has played a pivotal<br />

role in RGAA’s success. <strong>The</strong> employees represent RGAA in<br />

acting as judges at various national and international moot<br />

court competitions conducted by various <strong>Law</strong> Colleges in<br />

Pune.<br />

<strong>The</strong> <strong>Firm</strong> is on a mission to craft out Pro bono and free<br />

legal services for the marginalized communities and<br />

underserved populations. It is making assiduous moves to<br />

change the complete scenario for the masses that seek<br />

justice and lack economic resources with its able solutions.<br />

<strong>The</strong> <strong>Firm</strong> strongly believes in ‘Giving back to the Society’.<br />

Team RGAA is inclined with charity and community work,<br />

thereby treading an extra mile to quench the societal duties<br />

and responsibilities. Apart from all this, it is also a member<br />

of the District Legal Services Authority.<br />

An Advisory Note<br />

<strong>The</strong> recent times is seeing a surge of ideas, innovations, and<br />

startups which have the potential to disrupt the business<br />

world with its full pace. However, laying the foundation of<br />

a startup in an ecosystem without being aware of the laws<br />

governing them is not an easy task for a neophyte.<br />

At present, the AI-based online legal portals and software<br />

are thinning down the human touch from the legal space.<br />

<strong>The</strong> new-age digital world is successfully driving the startup<br />

community and other cost-conscious clients towards the<br />

JUNE <strong>2019</strong> 20


Prominent <strong>Law</strong> <strong>Firm</strong><br />

“<br />

Holding the reins of<br />

ethical & quality <strong>Law</strong><br />

practice, commitment,<br />

mutual trust, & client<br />

contentment<br />

“<br />

MEET THE MULTIFACETED PERSONA<br />

Rishabh Gandhi<br />

Founder<br />

An Advocate enrolled with the Bar Council of<br />

Maharashtra & Goa, a former Trial Court Judge and<br />

academician at heart, Rishabh Gandhi is the<br />

Managing Partner at RGAA. He is an Arbitrator and a<br />

Mediator associated with Mediation and Conciliation<br />

Project Committee of the Supreme Court of <strong>In</strong>dia. He<br />

has completed his Master’s degree in <strong>Law</strong> from Pune<br />

University, wherein he efficaciously bagged a Gold<br />

Medal and a Fellowship from Maharashtra State<br />

Education Board. Further, pursuing a Diploma in<br />

Cyber <strong>Law</strong>s and a Post Graduate Diploma in IPR <strong>Law</strong>s<br />

has added an extra plus to his legal proficiency. His<br />

extraordinary academic and extracurricular<br />

performance was appreciated and felicitated by<br />

Hon’ble Vilasrao Deshmukh – former Chief Minister<br />

of Maharashtra.<br />

He read <strong>Law</strong> at the chambers of Hon’ble Dr. D. Y.<br />

Chandrachud – former Bombay High Court Judge<br />

and Fox Mandal Little and Co., Mumbai. <strong>In</strong>itially, he<br />

was a Junior Advocate at the <strong>Law</strong> Chambers of Karnik<br />

and Karnik Advocates, Pune and Associate Advocate<br />

at the J. S. Wad and Co. He has been visiting professor<br />

of law at ILS <strong>Law</strong> College, and D.E.S. (Fergusson) <strong>Law</strong><br />

College and Department of <strong>Law</strong> – Savitribai Phule<br />

Pune University, in Pune, to ignite the young minds<br />

with his legal expertise and wide-ranging<br />

experience.<br />

Rishabh has presented and published research<br />

papers and articles on multifarious legal issues at<br />

various national and international Journals and<br />

Seminars. He is a member and associate of Pune Bar<br />

Association, Maharashtra Chamber of Commerce<br />

<strong>In</strong>dustries and Agriculture, Bhandarkar <strong>In</strong>stitute of<br />

Oriental Research, Shri Mahavir Jain Vidyalaya and<br />

Young <strong>In</strong>ternational Council for Commercial<br />

Arbitration. Being a Panelist Judge for Jan-lok Adalat<br />

at National Commission for Women’s Rights plays a<br />

vital role in his success journey. He has been a Legal<br />

Advisor for companies belonging to diversified<br />

industries alongside advising venture capitalists on<br />

complex Private Equity transactions, led Mergers<br />

and Acquisitions, and conducted Corporate<br />

Restructuring of several companies.<br />

<strong>To</strong>day, his exemplary knowledge in the fields of<br />

Arbitration and Civil & Commercial Litigation, along<br />

with the wide-ranging experience has given him an<br />

extra edge to evolve as a multifaceted persona.<br />

21 JUNE <strong>2019</strong>


“<br />

Rendering continuum of legal services across the globe<br />

“<br />

tech-enabled online legal portals. For the existing and<br />

emerging lawyers, keeping up with times and changing the<br />

way of doing business is becoming the need of the hour.<br />

On the other hand, an individual should take into account<br />

the seriousness of the legal principle ‘ignorance of the law<br />

can never be an excuse’ emphasizing that one may not<br />

escape liability for violating a law due to unawareness of its<br />

content. Acknowledging this scenario, the <strong>Firm</strong> advices the<br />

novices to build legally compliant and ethical organizations,<br />

that would withstand the complexities of the legitimate<br />

world in the long run.<br />

Bringing in ‘Change’ that Matters!<br />

RGAA believes that ‘Court <strong>In</strong>frastructure’ plays a key role<br />

in instilling laws and rendering Justice effectively. <strong>The</strong>re are<br />

voluminous pending cases and vacancies for Judges in<br />

<strong>In</strong>dian Courts that is hampering the speedy disposal of<br />

cases, whereas the public at large is not proactive, and fails<br />

to use and enforce their rights due to lack of awareness.<br />

Keeping this in mind, the <strong>Firm</strong> is intends to revolutionize<br />

the legal landscape by launching its branches in metro cities<br />

and broadening its catena of services. It is planning to attain<br />

healthy associations with the <strong>Law</strong> <strong>Firm</strong>s in Singapore and<br />

London. It aims to establish its own Arbitration and<br />

Mediation Centre in the near future. It is also taking crucial<br />

steps to creating its own Educational Videos and a Journal<br />

intending to pass on a better world for the Gen Z.<br />

Ÿ<br />

Ÿ<br />

Ÿ<br />

LAWS TO KNOW<br />

Before any Judicial or Quasi-Judicial authority,<br />

everyone has a right to be represented<br />

through a <strong>Law</strong>yer.<br />

A Complaint can be made against deficiency<br />

and defect in goods and services, under the<br />

Consumer Protection Act, 1956.<br />

Irrespective of the date of birth, women are<br />

entitled to equal share in ancestral property as<br />

coparceners, as per the Amendment in 2005<br />

to Hindu Succession Act of 1956.<br />

Ÿ Under Section 185 of Motor Vehicles Act, 1988,<br />

if a police officer finds <strong>10</strong>0 ml. of alcohol in a<br />

person’s blood while driving then he or she<br />

can be arrested for drunken driving.<br />

Ÿ<br />

According to <strong>In</strong>dian Sarais Act, 1867 any<br />

individual can ask for water free of charge<br />

from any hotel at any time for themselves and<br />

their pets. Furthermore, he or she can use the<br />

washroom for free.<br />

JUNE <strong>2019</strong> 22


1<strong>The</strong><br />

<strong>Rising</strong><br />

LAW FIRM<br />

<strong>To</strong> <strong>Watch</strong> <strong>In</strong> <strong>2019</strong><br />

Atlas <strong>Law</strong> Partners<br />

<strong>In</strong> a dynamic economy such as<br />

<strong>In</strong>dia, one needs more than just<br />

business acumen to run a business<br />

successfully. Apart from financial and<br />

human resource experts, it is important<br />

to have the right legal experts. <strong>The</strong><br />

common thought-process is ‘one needs<br />

a lawyer only when there’s a major<br />

legal issue’. However, in today’s<br />

business world a lawyer is not merely a<br />

legal advisor but also a strategic and<br />

commercial counsellor to the clients.<br />

Liaising with corporate houses and<br />

businesses to provide them with timely<br />

corporate and transactional advisory<br />

are Harry Chawla and Niti Paul,<br />

Founders of Atlas <strong>Law</strong> Partners<br />

(ALP). <strong>The</strong> boutique corporate and<br />

transactional advisory firm specializes<br />

in corporate commercial laws, mergers<br />

& acquisitions, real estate, banking &<br />

finance, private client practice matters,<br />

regulatory matters, antitrust /<br />

competition laws, insolvency &<br />

bankruptcy and litigation & dispute<br />

resolution. It started as a two-member<br />

team in 2016 and is now represented<br />

by sixteen lawyers and four partners.<br />

Experienced Founders<br />

Harry joined the law practice in 1990<br />

and has been a part of several leading<br />

<strong>In</strong>dian law firms, including the<br />

erstwhile Amarchand Mangaldas,<br />

CAM, L & L <strong>Law</strong> Offices. He started<br />

his independent firm Chawla & Co. in<br />

2001 which later merged with the<br />

erstwhile Amarchand Mangaldas in<br />

2007.<br />

“<strong>The</strong> Founders<br />

have brought<br />

recognition to<br />

the firm through<br />

their established<br />

names and<br />

rankings in the<br />

legal market in<br />

<strong>In</strong>dia and<br />

outside”<br />

Niti was admitted to the bar in 1999<br />

and started her career as in-house<br />

counsel for Rolls Royce <strong>In</strong>dia. She has<br />

also worked with leading <strong>In</strong>dian law<br />

firms such as erstwhile Amarchand<br />

Mangaldas and CAM.<br />

Both the Founding Partners regard the<br />

practice of <strong>Law</strong> as not just a noble<br />

profession, but also as catalyst for<br />

development and evolution of the<br />

society and growth of businesses. <strong>The</strong><br />

practice is intellectually stimulating<br />

and challenging, which makes work<br />

every day all more interesting. <strong>The</strong> role<br />

of lawyers has evolved from firefighters<br />

and problem solvers to<br />

strategic and commercial advisors who<br />

are involved in board room decision<br />

making as well.<br />

Areas of Practice<br />

Atlas <strong>Law</strong> Partners has expertise in<br />

· Corporate Commercial <strong>Law</strong>s<br />

· Mergers & Acquisitions<br />

· Private Equity<br />

· Real Estate<br />

· Banking & Finance<br />

· Private Client Practice<br />

Matters<br />

· Regulatory Matters<br />

· Antitrust / Competition <strong>Law</strong>s<br />

· <strong>In</strong>solvency & Bankruptcy<br />

· Litigation & Dispute<br />

Resolution<br />

<strong>The</strong> Founders are well-renowned in the<br />

<strong>In</strong>dian corporate commercial legal<br />

market and have often received<br />

accolades that boost their presence in<br />

JUNE <strong>2019</strong> 24


Niti Paul<br />

Co-founder<br />

Harry Chawla<br />

Co-founder<br />

the market like the “Banking &<br />

Finance <strong>Law</strong> <strong>Firm</strong> of <strong>The</strong> Year - <strong>In</strong>dia<br />

by ACQ5 Global Awards <strong>2019</strong>”.<br />

<strong>The</strong> Legal System and its Challenges<br />

Like any other profession, the legal<br />

one is also hounded by many issues.<br />

Some of the key challenges faced by<br />

<strong>In</strong>dian law firms as per the ALP team<br />

are:<br />

a) Reigning in costs by moving from<br />

a traditional hourly billable format<br />

to fixed fee matters.<br />

b) Achieving super specialization to<br />

face intense competition heads on.<br />

c) Threat from accounting /<br />

consulting firms who have been<br />

investing heavily in their legal<br />

services arm.<br />

d) Selection, grooming and retention<br />

of talent with thousands of lawyers<br />

entering the legal market on a<br />

regular basis.<br />

Apart from these what also bothers the<br />

Legal Fraternity is the gap between<br />

<strong>Law</strong> Formulation and <strong>Law</strong><br />

Enforcement. <strong>The</strong> founders believe that<br />

laws exist to fill in the various gaps<br />

created by society and the actions of<br />

men. However, the enforcement of<br />

these laws is far from satisfactory. <strong>To</strong><br />

explain their view, they give the<br />

example of the recently formulated<br />

<strong>In</strong>solvency and Bankruptcy Code.<br />

<strong>The</strong>y feel, “It is a comprehensive<br />

statute that seeks to cover all plausible<br />

situations involved in the insolvency<br />

resolution of a company. However, in<br />

terms of implementation, the road to<br />

success is slow and ever-changing. <strong>The</strong><br />

fine-tuning of the law continues to<br />

date.”<br />

But the founders are also positive<br />

about the future as they see the<br />

younger generation take up law more<br />

seriously. <strong>The</strong>y feel that start-ups and<br />

entrepreneurs in the law firm space<br />

need to identify their niche practice<br />

areas and work with a focus towards<br />

developing these. <strong>In</strong> this day and age<br />

of super specialization, it is important,<br />

especially for start-up law firms to<br />

identify their practice areas and hire<br />

the right talent for these practice areas<br />

and industry sectors.<br />

Looking Ahead<br />

As its future prospect, Atlas <strong>Law</strong><br />

Partners endeavours to grow from<br />

strength to strength. <strong>The</strong> founders say,<br />

“We see our prospects increasing in<br />

leaps and bounds in our areas of<br />

specializations including banking &<br />

finance, mergers and acquisitions and<br />

real estate. We also see ourselves<br />

growing in the startup space,<br />

representing investors and startups<br />

alike from an early stage seed<br />

investment to a 6th / 7th round of<br />

funding. Our competition law practice,<br />

particularly in regards to merger<br />

control filing, is recent and has<br />

received successful approvals one after<br />

another.” <strong>The</strong> ALP team is a small but<br />

effective one, and it hopes to grow in<br />

numbers and transactions size and<br />

volume year on year.<br />

25 JUNE <strong>2019</strong>


Vandana Shah<br />

Founder<br />

<strong>The</strong> <strong>In</strong>dian Society, however<br />

progressive, still considers<br />

Divorce as a taboo. <strong>The</strong>re are<br />

various myths and prejudices attached<br />

to the whole process of divorce. Life<br />

becomes even more complicated for<br />

women who are just out of wedlock.<br />

With a steely resolve, Vandana Shah<br />

along with her support group is trying<br />

to change this outlook, one divorce<br />

case at a time.<br />

<strong>In</strong> the following <strong>In</strong>terview with<br />

<strong>In</strong>sights Success, she shares her story<br />

of fighting for herself and more like<br />

her.<br />

1. Brief us about yourself and your<br />

company<br />

Vandana Shah, the award winning<br />

JUNE <strong>2019</strong> 26


<strong>In</strong>terview with <strong>In</strong>sights Success<br />

Divorce <strong>Law</strong>yer, Author and Columnist, who has been<br />

fighting to get justice to numerous women across the social<br />

demographic has now been empanelled by the prestigious<br />

National Commission for Women to represent cases filed by<br />

women or against them in the state of Maharashtra - which<br />

are specifically referred by National Commission for<br />

Women.<br />

Renowned lawyer and columnist, Vandana has a thriving<br />

law practice, and specializes in Divorce cases. BBC has<br />

made a documentary, ‘<strong>In</strong>visible Women of <strong>In</strong>dia, about her<br />

work’. She is also the author of ‘Ex-Files-<strong>The</strong> Story of my<br />

divorce’ published by Penguin under the Shobhaa De<br />

imprint. Ex-Files is now part of the Judicial College<br />

syllabus. Vandana has been involved with the family court<br />

since 2001 in varying roles as a litigant then a counsellor in<br />

running <strong>In</strong>dia’s first support group – “360 degrees back to<br />

life”, has been lauded by Gloria Steinem, the world’s<br />

foremost feminist who has endorsed her previous book.<br />

She has also translated a book written by the Jain Saints.<br />

Her work has been lauded both by the National as well as<br />

the <strong>In</strong>ternational media. She has been a panellist frequently<br />

on BBC, NDTV amongst others and at various Literary<br />

Festivals.<br />

She is also Divorce <strong>Law</strong> Consultant for Priyanka Chopra’s<br />

new film Firebrand, directed by Arunaraje Patil, currently<br />

trending on Netflix and nominated for several Mahrati film<br />

awards.<br />

2. Kindly brief us about the initial journey and your<br />

contribution towards the upliftment of the of the<br />

company?<br />

With a paltry sum of Rs. 750, I was the Daughter in <strong>Law</strong> of<br />

a respectable family out on the streets at about 2 am in the<br />

night with nothing but tears in my eyes, bewilderment at the<br />

cruelty of my new found family of my husbands, yet When<br />

I walked out, I had dreams in my heart and the grit and<br />

determination to survive. I said to myself, “I must amount<br />

to something in life. No one will ever trample upon me<br />

again because I will be a ‘somebody’, and the ‘something’<br />

that this ‘somebody’ eventually did was to not only turn my<br />

own life around full 360 degree!) but also helped thousands<br />

of other women, in similar predicaments seeking a new<br />

identity and meaning to life.<br />

My own divorce took <strong>10</strong> long years, but instead of sitting<br />

and moping around looking for sympathy or being a victim,<br />

I decided to be a ‘Victor’. I set up <strong>In</strong>dia’s first nonjudgmental<br />

divorce support group for those going through a<br />

divorce, which challenges the mores of a patriarchal<br />

middle-class society that obviously has different rules and<br />

expectations for women and then, wrote a book ‘360<br />

degrees back to life - a litigant humorous perspective on<br />

divorce’ based on the experiences of the support group.<br />

Each time, a new obstacle came I just learned to either jump<br />

over it or sidestep it. My father who was a fighter pilot with<br />

the <strong>In</strong>dian Air taught me how to shoot down problems as<br />

though they are the enemy and my mum taught me how to<br />

be a risk taker. So essentially, I would think that the path to<br />

be extremely empowered and successful in life is to let go<br />

of negativity and only focus on positivity.<br />

3. What are the distinct areas of practice of the<br />

company?<br />

<strong>The</strong> primary focus of Vandana Shah and Associates is<br />

Family <strong>Law</strong>. We have experience of cases in Mumbai and<br />

other parts of <strong>In</strong>dia.<br />

As I have recently been empanelled by the National<br />

Commission for Women to handle sexual assault cases for<br />

them my firm has also begun to handle sexual assault cases<br />

referred to us by the NCW. <strong>The</strong>se cases are handled<br />

pro-bono by myself and my associates.<br />

I have also recently branched out into consumer law. This is<br />

still an underdeveloped area of <strong>In</strong>dian law as not many<br />

<strong>In</strong>dians are aware of their rights in this area. I feel they<br />

would benefit greatly from the experience I can <strong>In</strong> addition<br />

to litigation offered by Vandana Shah and Associates we<br />

also have an application called Divorcekart, <strong>In</strong>dia’s first<br />

legal app that focuses on answering legal queries regarding<br />

27 JUNE <strong>2019</strong>


“Ignorantia juris non excusat”-<br />

Ignorance of <strong>Law</strong> is no excuse.<br />

Since ignorance of the law is no excuse and I am practicing in<br />

the Family Court I would like to focus on laws relating to divorce<br />

that men and women should be aware of. Men and women<br />

should be aware of maintenance, alimony, child access and<br />

child custody.<br />

<strong>Law</strong>s women need be aware of while filing for a divorce -<br />

Hence women should be aware of Section 24 of the Hindu<br />

Maintenance Act, 1955 which discusses interim maintenance.<br />

Women should also be aware of Section 25 of the Hindu<br />

Marriage Act, 1955 which discusses permanent alimony after a<br />

divorce.<br />

<strong>Law</strong>s men need be aware of while filing a divorce -<br />

Similarly, men should be aware of Section 26 of the Hindu<br />

Marriage Act which focuses on child custody.<br />

divorce instantly. <strong>The</strong> App is available free on both IOS and<br />

Android platform. It serves as an online help platform for<br />

those couples, who may feel that the marriage is over, and<br />

is unsure of their legal rights and process if and when they<br />

file the divorce. <strong>The</strong> app is only being a help platform to<br />

understand one’s legal rights and would not recommend or<br />

advise any person to end a marriage or continue with it.<br />

Divorcekart is currently manned by a<br />

team of legal experts vetted and trained<br />

by myself. <strong>The</strong>re is always a lawyer<br />

available around the clock 24/7 even in<br />

the night shift. <strong>The</strong> advocates at<br />

Divorcekart also carry out legal research<br />

related to Divorcekart ensuring they are<br />

up to date with all the latest legal<br />

matters.<br />

4. Share with us challenges faced by<br />

law firms in <strong>In</strong>dia?<br />

i) <strong>The</strong> judicial system being clogged up<br />

means cases take too long to resolve.<br />

ii) Since cases take long to resolve<br />

clients become impatient and frustrated<br />

often losing faith in the legal system.<br />

5. Please share with us the firm’s view<br />

on the gap between <strong>Law</strong> Formulation<br />

and <strong>Law</strong> Enforcement<br />

<strong>The</strong>y should also be aware a complaint under section 498-A<br />

does not lead to an immediate arrest.<br />

As we put on our best face forward for<br />

<strong>In</strong>dia’s <strong>In</strong>dependence Day celebrations,<br />

I experienced a chest-thumping kind of<br />

pride for our values reflected in the<br />

Constitution and Fundamental Rights guaranteed to every<br />

citizen of Free <strong>In</strong>dia. Several brave judgements by the<br />

judiciary—ranging from the 12 June 1975 verdict of the<br />

Allahabad High Court convicting then Prime Minister<br />

<strong>In</strong>dira Gandhi of electoral malpractices and debarring her<br />

JUNE <strong>2019</strong> 28


from holding any elected post, to the Supreme Court in<br />

March 2015 striking down Section 66A of the IT Act which<br />

allowed unjustified arrests for “objectionable” content<br />

online—have been hailed as reflecting the kind of freedoms<br />

that only a mature society would allow an individual. A free<br />

and progressive judiciary determines whether a country’s<br />

fabric is healthy and robust or if it’s a combustible country<br />

like North Korea and certain nations in Africa and the<br />

Middle East which have little or no judicial system to speak<br />

of.<br />

Did you know we are entitled to free drinking water even in<br />

coffee shops? Or that there is recourse to being refused a<br />

ride by an auto driver?<br />

<strong>The</strong> judiciary in <strong>In</strong>dia can’t be bought, contrary to what<br />

some may have felt in the cases of powerful stars such as<br />

Salman Khan and Sanjay Dutt. After all, for every one of<br />

these there is a Subrata Roy who despite being one of the<br />

wealthiest industrialists in the country has spent time in jail<br />

(of course writing books from there), or a Chhagan Bhujbal<br />

who in spite of being the Deputy Chief Minister of<br />

Maharashtra in cooling his heels in prison.<br />

However, what dilutes the impact of these path-breaking<br />

judicial decisions is the complete ignorance displayed by a<br />

majority of people when it comes to law. And if and when<br />

they do become entangled in legal matters they are at a<br />

complete loss. How can we not build awareness of the<br />

law when it is one of the strongest pillars of society and<br />

a country? It’s like living in a swanky high rise without<br />

knowing whether there is a safe and strong foundation. Our<br />

role has to go beyond uninterested and cynical to involved<br />

and pro-active to form well-informed opinions. Perhaps<br />

then it won’t be as easy to be dismissive of the law and<br />

believe and act on what is rightfully granted to us. <strong>The</strong> law<br />

is not a lofty ideal encased in a gilded vault with the keys<br />

with only a fortunate few—rather, it is enmeshed in our<br />

daily lives. Did you know we are entitled to free drinking<br />

water even in coffee shops, which often force us to buy<br />

overpriced bottled water, claiming that the regular stuff is<br />

not available? Or that there is recourse to being refused a<br />

ride by an auto driver (I am sure that everyone, especially<br />

those in Delhi, are jumping to find out what that is!)?<br />

Perhaps it’s time to pull out our phones and start googling<br />

“Fundamental Rights in <strong>In</strong>dia”, rather than going through<br />

the rest of our lives blindly. Also remember this,<br />

ignorance of law is not an excuse for having committed<br />

a crime and you’ll have to serve time. So if in doubt it’s<br />

better to check to see if you’re running afoul or not!<br />

Now that our nation has been free for seven decades, let us<br />

also free ourselves from ignorance of the law to rightfully<br />

claim our place in the sunrise of <strong>In</strong>dia.<br />

6. What should be your advice for budding start-ups<br />

and entrepreneurs in the industry?<br />

<strong>The</strong> most important thing is to have a clear business plan<br />

before setting out. I had a very clear idea for Divorcekart<br />

which was to democratise legal solutions and give the<br />

power back to the litigant by shedding light and<br />

transparency on a hidden area of law. You must chalk out a<br />

plan to get to your desired destination and along the way<br />

keep customizing it to achieve your goal.<br />

Secondly be prepared to learn constantly. As my start up is<br />

in the I.T sphere I am constantly adapting and learning<br />

concerning that industry. Not adapting to the circumstances<br />

just leads to futile hard work instead of productive smart<br />

work.<br />

Thirdly remember there’s no failure but changed<br />

opportunities is what our mindset should be. No guts, no<br />

glory. Remember if you never take a risk you will never<br />

prosper.<br />

7. Brief us about your company’s future prospects<br />

Divorcekart and Vandana Shah and Associates will become<br />

a global one stop solution for all legal issues. We are<br />

creative, original and hardworking so to be leaders in the<br />

noble profession of law is our destiny.<br />

29 JUNE <strong>2019</strong>


BRINGING<br />

JUSTICE<br />

SWIFTLY<br />

t is said, “Justice delayed is Justice Denied”. An efficient judiciary is characterised by how quickly and<br />

Icorrectly it brings justice to the needy. <strong>To</strong> reduce the number of pending cases and the turn—around time<br />

for general cases, the <strong>In</strong>dian Judiciary has taken some very effective measures. Fast-track Courts, Nyaya<br />

Mitra Scheme, and Gram Nyayalaya are three such steps taken for the welfare of the general public. Here’s<br />

how these schemes are working out:<br />

Fast-track Courts – Creation of Fast Track Courts (FTCs) was recommended by the Eleventh Finance<br />

Commission in the year 2000. It aimed at creating 1734 FTCs across the country with an aim to dispose of<br />

long pending cases in the Sessions courts and under trial prisoners. <strong>To</strong> put up the mechanism in place, the<br />

central Finance Ministry released funds to the State Governments directly. <strong>The</strong> term of the scheme ended in<br />

2005 but looking at the effectiveness of it, the scheme was granted continuity.<br />

JUNE <strong>2019</strong> 32


For the People<br />

FTCs are established by the State Government in consultation<br />

with the respective High Court. <strong>In</strong>itially, the scheme<br />

recommended establishing an average of five FTC in each<br />

district of <strong>In</strong>dia. <strong>The</strong> judges are appointed on an ad-hoc basis<br />

by the respective High Courts. <strong>In</strong> 2011, the Central<br />

Government decided to stop the funding for FTCs and the<br />

onus shifted on State Governments if they wanted to continue<br />

with them. While most of the State Governments continued<br />

with FTCs, few chose to shun them.<br />

Nyaya Mitra Scheme – <strong>The</strong> Nyaya Mitra Scheme was<br />

launched in April 2017. <strong>The</strong> scheme is again aimed at<br />

reducing the bulk of pending cases across select districts with<br />

special focus on those clocking more than <strong>10</strong> years. <strong>The</strong><br />

initiative has been launched in 227 districts to start with. This<br />

scheme utilizes the services of retired judicial or executive<br />

officers who are experienced and are designated as Nyaya<br />

Mitra. <strong>The</strong> responsibilities, among others, include:<br />

• assistance to litigants facing delay in a trial;<br />

• identifying delayed cases through the National Judicial<br />

Data Grid;<br />

• providing legal advice and connecting litigants to District<br />

Legal Service Authority;<br />

• refer marginalized applicants to Lok Adalats;<br />

• and render assistance for prison reforms.<br />

Gram Nyayalaya – <strong>The</strong> Gram Nyayalaya Act was brought<br />

and passed by the <strong>In</strong>dian Parliament in 2008. This Act looks<br />

for the establishment of Gram Nyayalayas or Village Courts<br />

to provide access to justice at the grass-root level i.e. the<br />

villages. Presided over by a Nyayadhikari, the court is<br />

generally established at headquarter of a gram panchayat.<br />

<strong>The</strong>ir area of jurisdiction is marked by the State Government<br />

and includes both criminal and civil offences. <strong>The</strong>y are also<br />

given the power to accept certain pieces of evidence which<br />

are in general not acceptable under the <strong>In</strong>dian Evidence Act.<br />

<strong>The</strong> objective of such courts is that no citizen should be<br />

denied justice due to social, economic or other disabilities.<br />

<strong>The</strong> above are just a few steps<br />

that the Government and the<br />

Judiciary are taking to bring<br />

justice to all the citizens of<br />

<strong>In</strong>dia. <strong>The</strong> participating<br />

authorities, as well as the<br />

general public, should now<br />

make the most of these<br />

schemes and help in<br />

establishing a just society.<br />

33 JUNE <strong>2019</strong>


Ease of Doing Business<br />

– Banking and <strong>In</strong>surance <strong>In</strong>dustry<br />

Ease of doing business is one of the key initiatives of<br />

Modi administration. It is not one wing of<br />

Government and industry or sector regulator which<br />

has to work in sync but entire set up and contributors to<br />

economy have to work as well-oiled machinery. <strong>In</strong> case<br />

some sectors or departments are not aligned then entire<br />

initiative suffers.<br />

Here we are looking at how banking and insurance sector<br />

has fared in this regard.<br />

Banks are backbone of our economy and contribute to<br />

sustained growth of entire business environment. An<br />

advanced and industry friendly banking industry becomes<br />

engine of growth of any economy. Banks have to provide<br />

necessary support and liquidity to business and make sure<br />

that cost of transactions does not go up. <strong>In</strong>troduction of the<br />

<strong>In</strong>solvency and Bankruptcy Code with an aim to promote<br />

entrepreneurship and protect interests of investors has eased<br />

the process of resolving insolvencies, which was earlier a<br />

long-drawn process and is a welcome step in promoting<br />

ease of doing business.<br />

Hence, banks have a larger role to play for success of ease<br />

of doing business initiative.<br />

Likewise, <strong>In</strong>surance Sector also plays a pivotal role in<br />

sustained development of economy. Just like banking it<br />

helps in mobilising domestic savings, mitigating losses,<br />

provides financial stability and security, promotes trade and<br />

commerce which collectively help in economic growth.<br />

Federal government also encouraged investment in<br />

insurance sector by increasing foreign direct investment to<br />

49%, which led to many large players set up joint ventures<br />

in <strong>In</strong>dia.<br />

However, many <strong>In</strong>dian banks are facing number of<br />

challenges. Non-performing assets (NPA) sitting in books<br />

of many banks are biggest dampeners. <strong>To</strong> show better<br />

performance and compliance with regulatory laws some<br />

banks have not reported true status of NPAs but painted<br />

rosy pictures after window dressing leading to false sense<br />

of security among investors and regulators. However, when<br />

caught by the Reserve Bank of <strong>In</strong>dia (RBI) or by auditors,<br />

such banks have suffered heavily causing a loss of investors<br />

wealth and erosion of faith of public. Some citizen groups<br />

and individuals have filed many applications under the<br />

Right to <strong>In</strong>formation Act (RTI) or pubic interest litigation in<br />

courts seeking information of true status of financial health<br />

of banks and financial institutions. <strong>In</strong> a very recent ruling<br />

Supreme Court has come down heavily on RBI for not<br />

sharing inspection report of banks under RTI to applicants.<br />

Few years back many banks were also facing liquidity<br />

crunch. However, with de-monetisation of INR 500 and<br />

INR <strong>10</strong>00 currency bills, large amount of cash have been<br />

deposited in banks providing much needed liquidity to<br />

banks and denting parallel economy. However, on account<br />

NPAs and fear of losing money in funding high risk or long<br />

gestation projects, banks are treading very carefully and<br />

slow in approving projects. While on one hand government<br />

is pushing for faster growth of economy and easing<br />

regulatory environments on the other hand banks and<br />

financial institutions are treading carefully and slowly.<br />

Similarly insurance sector provides necessary security to<br />

individuals and industry and contribute to growth of<br />

economy. On account of intense competition insurance<br />

companies are aggressively chasing growth. However, to<br />

achieve higher profitability while at the time of issuing<br />

insurance cover false promises are made to insured but in<br />

an unfortunate situation giving rise to claims, same insurers<br />

take shelter in fine print in insurance cover and adopt all<br />

kinds of tactics to reject or delay sanction of claims. This<br />

has contributed negatively to ease of doing business.<br />

Another trend is being noticed where many banks have also<br />

set up subsidiaries and group companies in related sectors<br />

like insurance, non-banking financial institutions and asset<br />

management companies. This has led to the vice of cross<br />

selling services and products of group companies. Most of<br />

these banks and their group companies are following<br />

JUNE <strong>2019</strong> 34


CXO Standpoint<br />

policies of giving cross selling<br />

targets to junior and mid-level<br />

managers and their increments<br />

and bonuses are decided on<br />

basis of achieving cross selling<br />

targets, which is major cause of<br />

frauds committed on their<br />

customers.<br />

A live case of one non-resident<br />

<strong>In</strong>dian who is an American<br />

citizen suffering at the hands of<br />

one of the largest private sector<br />

banks having group companies<br />

in insurance, etc., is the best<br />

example. And he is not alone in<br />

this category. This person has<br />

opened account with bank<br />

during one of his visits to <strong>In</strong>dia.<br />

On the insistence of branch<br />

manager of bank during<br />

subsequent visit to <strong>In</strong>dia, this<br />

person has agreed to open fixed<br />

deposit. However, he was made<br />

to sign blank documents and<br />

provide large number of details<br />

of his family and tax in the USA<br />

on the pretext of making his<br />

minor daughter nominee.<br />

Subsequently he got to know<br />

that his account has been<br />

debited by two entries of the<br />

same amount – one for fixed<br />

deposit and another for buying<br />

insurance policy from another<br />

group life insurance company<br />

for whom such bank is acting as<br />

insurance agent. On persistent<br />

follow up and initially holding<br />

up of no mis-sale bank and<br />

insurance companies agreed to<br />

cancel policy and reverse funds<br />

but insisted upon filing a claim<br />

to be decided by them. On a<br />

complaint to senior management<br />

and board of directors of both<br />

entities nothing has been done.<br />

Further, on a complaint to<br />

<strong>In</strong>surance Regulatory Authority<br />

(IRDA) and bringing all facts<br />

with evidence to its notice with<br />

the request to initiate investigations of wrong doing and violation of <strong>In</strong>surance Act and<br />

other legislations and cancellation of insurance license to insurance company and agent<br />

license of bank, IRDA refused to do any thing on the ground that it does not adjudicate<br />

customer complaints. This is unfortunate response from IRDA, being regulator of<br />

insurance industry. Further, RBI and <strong>In</strong>surance division of Finance Ministry is also not<br />

alive to cheating of customers by such rogue elements. It is high time both RBI and<br />

IRDA investigates following of such predatory HR policies of cross selling by banks and<br />

insurance companies. Further, authorities under the Companies Act and Securities and<br />

Exchange Boards of <strong>In</strong>dia Act should also provide for mandatory compliance with such<br />

matters under corporate governance policies enforced by regulators under these<br />

legislations.<br />

<strong>In</strong> case proper governance policies are implemented and strictly monitored by regulatory<br />

authorities, banks and insurance industry will become once again engine of growth and<br />

major contributor to success of ease of doing business initiative. All that needed is<br />

concerned efforts by banking and insurance industry and strict enforcement by<br />

government and regulators.<br />

ABOUT THE AUTHORS<br />

Sonia Gupta, Partner at Ashok Dhingra<br />

Associates is Chartered Account and<br />

Attorney. She primarily focuses on Customs<br />

and Trade <strong>Law</strong>s including Export/ Import<br />

Controls and Sanctions; Foreign Trade<br />

Policy and Regulatory <strong>Law</strong>s, providing both<br />

advisory and litigation services to clients.<br />

Ashok Dhingra , Founder and Managing<br />

Partner, Ashok Dhingra Associates, is an<br />

Attorney having more than 42 years of<br />

experience. He is ranked among the best<br />

GST; erstwhile <strong>In</strong>direct Taxes; Customs and<br />

Trade <strong>Law</strong>s including Export Controls and<br />

Sanctions Attorneys in <strong>In</strong>dia. He is also<br />

considered an authority on Supply Chain;<br />

Prevention of Money Laundering; Anti-<br />

Corruption <strong>Law</strong>s and White-Collar Crimes.<br />

Ashok Dhingra, Founder & Managing Partner<br />

Sonia Gupta, Partner<br />

35 JUNE <strong>2019</strong>


1<strong>The</strong><br />

<strong>Rising</strong><br />

LAW FIRM<br />

<strong>To</strong> <strong>Watch</strong> <strong>In</strong> <strong>2019</strong><br />

Corp Comm Legal<br />

Adynamic economy and<br />

commercial environment in<br />

<strong>In</strong>dia are keeping the<br />

corporates on their toes. <strong>The</strong>y must be<br />

adaptive to the changing laws which<br />

are influenced by various<br />

Governmental, economic and<br />

competitive needs. As such, they need<br />

a law firm that understands their<br />

business needs and provides legal<br />

advisory that is relevant, solutiondriven<br />

and value for money. Focusing<br />

on these needs of domestic and<br />

international corporates is Corp<br />

Comm Legal. It provides legal advice<br />

inter alia on M&A, Joint Ventures,<br />

Technology Transfers, Private Equity,<br />

Venture Capital, Commercial<br />

Litigation, IPR registration and<br />

protection, compliances, due diligence<br />

and more.<br />

Treading a Different Path<br />

While there is no dearth of corporate<br />

law firms, what sets Corp Comm<br />

Legal apart is the assurance that it<br />

offers to clients. <strong>The</strong> clients who ask<br />

for its services are assured of the<br />

timing, quality and pricing of the<br />

services. Each one of these three<br />

elements is very necessary and has to<br />

work in tandem. Even if one is<br />

missing, the other two are of no use.<br />

Corp Comm Legal offers virtually all<br />

legal services which big law firms<br />

provide – however, at a fraction of the<br />

cost associated with the big firms.<br />

Clients get to actually work with the<br />

“Our vision<br />

is to be the<br />

law firm of<br />

the first<br />

choice for<br />

our clients”<br />

professionals they want to work with<br />

and don’t have to pay the price for the<br />

brand name, old age of the firm,<br />

marketing costs, etc.<br />

But being different is never easy and<br />

comes with challenges. A firm like<br />

Corp Comm often has to compromise<br />

in terms of manpower as Big firms<br />

have the clout, financial resources and<br />

may indulge in predatory pricing to<br />

capture most of the big business. But<br />

in a booming economy like <strong>In</strong>dia,<br />

there is space for all sizes of<br />

organisations. This works for law<br />

firms as well and many boutique law<br />

firms are doing very well.<br />

<strong>To</strong> counter these challenges, Corp<br />

Comm is engaging with other small<br />

and midsize firms within <strong>In</strong>dia and<br />

globally for better coordination and<br />

level playing field. Global Business<br />

<strong>Law</strong>yers’ League has been its first<br />

endeavor in this regard and it is trying<br />

to replicate the same model in <strong>In</strong>dia<br />

too.<br />

An Experienced Learner<br />

Corp Comm Founder Bhumesh<br />

Verma likes to describe himself as “A<br />

law student with some experience- 25<br />

years to be precise.” A corporate<br />

lawyer of <strong>In</strong>ternational repute,<br />

Bhumesh has had the privilege of<br />

working with some of the best law<br />

firms for about 23 years. 2 years back,<br />

he took a leap of faith and started<br />

JUNE <strong>2019</strong> 36


Bhumesh Verma<br />

Founder<br />

Corp Comm Legal with an idea to<br />

provide world class services with a<br />

more personal approach.<br />

He has mostly been associated with<br />

corporate and commercial transactions<br />

involving clients from different<br />

countries providing him an<br />

opportunity to work with the world’s<br />

best lawyers and other professionals<br />

and also cultivate his business<br />

development skills. His global<br />

network encompasses a large number<br />

of MNCs and foreign lawyers which<br />

came handy when he decided to<br />

venture out on his own.<br />

For Matters Close to the Heart<br />

Apart from running the law firm,<br />

Bhumesh is deeply involved in writing<br />

and teaching as he believes that it is<br />

important to share one’s learning. He<br />

says, “I am passionate about sharing<br />

my experiences and expertise with the<br />

fraternity. Writing and teaching<br />

provide me with the avenues to<br />

channelize my thoughts - so far it has<br />

resulted in 3 books and 350 plus<br />

articles on various platforms. I’ve<br />

also conducted workshops/seminars<br />

on various topics and have trained<br />

thousands of students and<br />

professionals.”<br />

He has been approached by<br />

institutions of great repute and<br />

publishers. He is also a guest faculty<br />

with leading law institutes. Conveying<br />

his insights to future lawyers by way<br />

of practical training in different<br />

aspects gives him immense pleasure<br />

and pride and a sense of being useful<br />

to the society.<br />

Advising the Start-ups<br />

Bhumesh believes that the <strong>In</strong>dian<br />

economy is one of the most happening<br />

and growing economies in the world<br />

with too much-untapped potential for<br />

economic growth. However, from a<br />

legal perspective, start-ups and<br />

entrepreneurs must be very careful<br />

about stressing on compliance from<br />

day one. <strong>In</strong> the garb of informality,<br />

there should be no scope for laxity. He<br />

suggests, “We have seen so many<br />

start-ups faltering in this aspect and<br />

entrepreneurs fighting among<br />

themselves if due care hasn’t been<br />

taken in the initial stage regarding<br />

watertight contractual relations,<br />

affixing rights and liabilities or taking<br />

care of statutory compliances.”<br />

Defining Future<br />

Corp Comm Legal is very optimistic<br />

about the future. With so much FDI,<br />

industrialization in <strong>In</strong>dia and<br />

international trade picking up, it<br />

expects stupendous amount of<br />

business flows in near future. It is also<br />

strengthening its local and global<br />

networks to be more effective to tap<br />

business. It believes that its efforts<br />

should start fetching visible results in<br />

the not-too-distant future.<br />

37 JUNE <strong>2019</strong>


JUSCONTRACTUS<br />

1<strong>The</strong><br />

<strong>Rising</strong><br />

LAW FIRM<br />

<strong>To</strong> <strong>Watch</strong> <strong>In</strong> <strong>2019</strong><br />

omen Empowerment might<br />

Wbe the talk of the decade,<br />

but just talks don’t bring<br />

change. <strong>The</strong>y need to be backed by<br />

efforts and action. Carrying forward<br />

the idiom ‘actions speak louder than<br />

words’ is JUSCONTRACTUS - that<br />

<strong>In</strong>dia’s first and only all-women-law<br />

firm was established. It is a corporate<br />

transactions and dispute resolution<br />

law-firm based out of New Delhi<br />

which began with a vision for women<br />

to be ‘rain-makers’. <strong>The</strong> firm’s idea is<br />

to be an example for the creation of<br />

women businesses run by woman that<br />

are able to provide superlative services<br />

to the community as a whole.<br />

An Ignited Mind<br />

Bearing the torch of change at the<br />

forefront is JUSCONTRACTUS’<br />

Founder – Payal Chawla who has a<br />

distinguished legal career. <strong>The</strong> legal<br />

industry wasn’t exactly her first choice<br />

of a career as she recalls, “Going to<br />

law-school was driven by advice from<br />

my father rather than choice. But once<br />

at law-school, I knew, from the get-go,<br />

I had found my calling.” Now<br />

considered as a premier corporate<br />

lawyer across the country, Payal<br />

specializes in the areas of Arbitration,<br />

Commercial Courts and <strong>In</strong>solvency.<br />

She has served as a legal counsel for<br />

some very prominent corporate<br />

companies and is known in the<br />

industry for drawing up robust<br />

litigation strategies.<br />

Impressive Services<br />

JUSCONTRACTUS is a full-services<br />

“We believe<br />

in providing<br />

the highest<br />

quality legal<br />

services”<br />

law firm that provides clients with<br />

comprehensive and efficacious solutions<br />

in a creative, innovative and resultoriented<br />

manner and in accordance with<br />

the clients’ business and/or litigation<br />

objectives. Primarily focused on<br />

disputes, it has an equally strong<br />

Corporate <strong>Law</strong> practice. <strong>The</strong>y recently<br />

were involved in buy-out of <strong>In</strong>nov8 by<br />

OYO and have previously represented<br />

two selling shareholders in the<br />

<strong>In</strong>terglobe IPO.<br />

<strong>The</strong> firm takes its corporate social<br />

responsibilities very seriously. It does a<br />

lot of pro-bono work for the poor and for<br />

the women. Payal is also the director of<br />

the Nani Palkhivala Arbitration Centre,<br />

a non-profit organization institutional<br />

arbitration body.<br />

Accolades<br />

<strong>Law</strong> is a difficult profession. It requires<br />

tireless hours and a gestation of 15 to 20<br />

years before gaining credibility –<br />

amongst judges, peers, and clients. With<br />

Payal’s expertise gained over years and<br />

the team with a fire within to prove their<br />

worth, JUSCONTRACTUS’ journey has<br />

been an amazing one. Since inception,<br />

the firm has been recognised and<br />

facilitated by several awards:<br />

l<br />

l<br />

l<br />

<strong>Rising</strong> Star of the Legal<br />

Profession 2018 - IBLJ<br />

Arbitration <strong>Law</strong> <strong>Firm</strong> of the<br />

Year <strong>In</strong>dia, 2018 - Corporate<br />

Live Wire Legal Awards<br />

<strong>Rising</strong> Star of the Legal<br />

Profession 2017 - IBLJ<br />

JUNE <strong>2019</strong> 40


Payal Chawla<br />

Founder<br />

Amongst the Best firms to work with 2017 - IDEX<br />

l<br />

Corporate <strong>Law</strong>yer of the Year <strong>In</strong>dia for 2016 - Corporate Live Wire Legal Awards<br />

Roadmap Ahead<br />

Being an industry professional, Payal advises the neophytes, “<strong>To</strong> familiarize themselves with <strong>In</strong>tellectual Property laws,<br />

Shareholder Agreements and Share Subscriptions Agreements with particular regard to their rights and pitfalls – such as<br />

Drag/Tag rights, Call/Put options, reserved matters etc.”<br />

As for the <strong>Firm</strong>’s future roadmap, she shares, “Our future aim is to continue to build on the trajectory we started – quality<br />

over quantity. We aim to provide the best in class service and to be <strong>In</strong>dia’s top corporate disputes firm.”<br />

Payal advises citizens to be aware of :<br />

l<br />

l<br />

l<br />

l<br />

<strong>The</strong> Constitution - one must endeavor to educate oneself on their fundamental rights,<br />

Directive Principles of State Policy and the constitutional scheme of the separation of powers.<br />

Familiarize yourself with the difference between an Agreement to Sell and Sale Deed for<br />

immovable property;<br />

Know about the basics on law of contracts and, benefits of alternative disputes resolution<br />

mechanisms such as mediation and arbitration<br />

Company/<strong>Firm</strong>s should familiarize themselves on basics of the <strong>In</strong>solvency and Bankruptcy<br />

law.<br />

41 JUNE <strong>2019</strong>


Samisti Legal<br />

1<strong>The</strong><br />

<strong>Rising</strong><br />

LAW FIRM<br />

<strong>To</strong> <strong>Watch</strong> <strong>In</strong> <strong>2019</strong><br />

Starting a venture is an uphill task<br />

which must be conquered in a<br />

step-by-step manner. <strong>The</strong> first<br />

step in establishing a successful<br />

venture, entrepreneurs suggest, is<br />

recognising the need of the clients and<br />

capturing the requirement as an<br />

opportunity. While practising in a<br />

corporate set up in Hyderabad, Raghu<br />

Babu Gunturu and Prashant Jain<br />

noticed that a lot of clients in<br />

Hyderabad were being serviced by the<br />

firms from Mumbai. This arrangement<br />

of working remotely had its own<br />

limitation in accessibility and pricing<br />

exposing a clear gap in the market. It<br />

opened an avenue for mid-segment law<br />

firms to come up where corporates<br />

could get good professional legal<br />

advice. This realisation led the duo to<br />

come up with their legal firm<br />

christened ‘Samisti’. <strong>The</strong> literal<br />

meaning of Samisti is United or<br />

together. Justifying the name, Raghu<br />

says, “Whatever we do would like to<br />

keep our interest aligned with that of<br />

other stakeholders could be a client or<br />

an employee who are our biggest<br />

stakeholders.”<br />

<strong>The</strong> Founders<br />

Raghu has over two decades of<br />

experience in corporate secretarial and<br />

legal services. He brings in strategic<br />

direction to the firm, mentors the team,<br />

challenges the status quo to better it,<br />

introduces new practice areas etc.,<br />

Prashant Jain, an Advocate and a<br />

qualified CS, has over a decade of legal<br />

experience in niche areas of Corporate<br />

laws. He is a dynamic young<br />

professional, out-of-the-box thinker<br />

“Samisti<br />

continues to<br />

track and learn<br />

about evolving<br />

business models,<br />

best practices,<br />

and global trends<br />

in technology and<br />

changes in the<br />

legal landscape<br />

for business”<br />

with vivid and thorough knowledge on<br />

the subject. He has extensively worked<br />

on matters relating to Corporate and<br />

commercial laws, Forex, start-up/angel<br />

funding, Private Equity/VC<br />

Transactions, acquisitions, structure<br />

debts, Joint ventures, mergers,<br />

de-mergers, representations in NCLTs<br />

for IBC matters, M&A and O&M<br />

matters, and all kinds of business<br />

re-structuring, cross border<br />

investments, and capital markets. He<br />

has been sharing knowledge and<br />

insights on his core practice areas<br />

through the numerous speaking<br />

engagements for which he is invited<br />

from time to time. He is supported by a<br />

team which consists of<br />

interdisciplinary professionals like<br />

advocates and company secretaries<br />

who together leverage their<br />

knowledge, expertise and experience in<br />

providing quality legal services.<br />

Services across Sectors<br />

<strong>The</strong> initial years were tough and were<br />

more towards laying a foundation. <strong>The</strong><br />

subsequent years saw an exponential<br />

growth due to the good word<br />

recognised by clients and word of<br />

mouth publicity. <strong>The</strong> firm now renders<br />

its services not only to clients spread<br />

all over <strong>In</strong>dia but also to international<br />

clients engaged in diverse businesses.<br />

Samisti has a great client base of wellestablished<br />

companies, institutional<br />

funded emerging businesses and has<br />

also been servicing start-ups and<br />

incubation. It has been doing decent<br />

work in transaction advisory for capital<br />

raising, M&A, <strong>In</strong>solvency<br />

&Bankruptcy, and General Corporate<br />

Advisory.<br />

A few characteristics which set it apart<br />

are a hands-on approach, deep<br />

involvement with the clients to<br />

understand their commercial intent,<br />

thereby adding value to the transaction.<br />

Samisti also closely works with<br />

various overseas clients and has<br />

informal affiliations with overseas law<br />

and accounting firms. This has helped<br />

it to garner valuable insight into<br />

various legal and commercial needs of<br />

those clients.<br />

Prepping for Challenges<br />

<strong>The</strong> firm believes that the legal<br />

industry is quite fragmented with<br />

JUNE <strong>2019</strong> 42


Prashant Jain<br />

Co-founder & Partner<br />

millions of firms and individuals<br />

practising and is facing many<br />

challenges. <strong>To</strong> sum them up:<br />

Ÿ<br />

Ÿ<br />

Ÿ<br />

Ÿ<br />

Ÿ<br />

<strong>The</strong> democratisation of professional<br />

services and technology are<br />

disrupting corporate law firms.<br />

<strong>The</strong> traction gained by Artificial<br />

<strong>In</strong>telligence (AI) is going to impact<br />

the paralegal area and can be a big<br />

differentiator.<br />

<strong>The</strong> pressure to rein in legal costs<br />

has forced law firms to diverge from<br />

the traditional billable-hours<br />

model.<br />

Onboarding talented lawyers with<br />

the right skill set and the right<br />

attitude to work is quite often a<br />

challenge.<br />

Given the overlap between<br />

accounting and law services,<br />

accounting firms are investing<br />

heavily in their legal service arms<br />

leading to increased competition.<br />

Words of Wisdom<br />

Samisti regularly works with start-ups,<br />

incubators and accelerators and<br />

charges very nominal costs. Prashant<br />

advises them to ensure that while<br />

focussing on their core business, they<br />

must give equal importance to the<br />

Legal and compliance needs. He says,<br />

“<strong>The</strong>y must ensure that they avail<br />

Legal advice since the inception, make<br />

the right moves, have the legal<br />

documents in place in order to avoid<br />

any unforeseen complexities that may<br />

arise in future.”<br />

Gearing Up!<br />

<strong>In</strong> the coming years, increasingly<br />

sophisticated legal technology will<br />

become a baseline expectation for the<br />

clients, with automated due diligence<br />

already making an impact on deals.<br />

Samisti would be focusing on and<br />

investing more on this. It is prepared<br />

for radical changes in staffing profiles,<br />

recruitment, retention, graduate<br />

education and continuous<br />

development. <strong>The</strong> reality calls for a<br />

systematic approach to scan for<br />

potential developments and identify,<br />

embrace and pre-empt new entrants<br />

through collaboration and competition.<br />

<strong>The</strong> firm is all set to go a long way<br />

with a clear vision and a futuristic<br />

approach.<br />

<strong>Firm</strong>’s view on the gap between<br />

<strong>Law</strong> Formulation and <strong>Law</strong><br />

Enforcement<br />

We have fantastic laws, but<br />

poor enforcement continues to<br />

be cause of concern. <strong>The</strong><br />

justice delayed is denied.<br />

Particularly for businesses all<br />

decisions weaved around<br />

strategic and commercial<br />

considerations, the delay can<br />

have impact on profits.<br />

Enforcement agencies need to<br />

think like a person who does<br />

the offence / crime, but act<br />

within the law. <strong>To</strong> make this all<br />

work, it is essential that a robust<br />

legal framework exists that<br />

allows law enforcement officials<br />

to work effectively and<br />

efficiently. This requires strong<br />

political will and it is the role of<br />

government to enact the laws.<br />

Additionally, there needs to be<br />

careful investment in capacity<br />

building, data collection,<br />

investigative techniques,<br />

intelligence training and judicial<br />

training.<br />

43 JUNE <strong>2019</strong>

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