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Vol. 02 Issue 07 2022
Digi- Tech Importance of digital data and records in law industry Ensure Privacy Changing scenario of intellectual property rights due to technology The Most
Trusted
Firms
2 0 2 in India 2
Nilesh Tribhuvann Founder and Managing Partner
WHITE and
Seasoned Solutions for the Legal Industry
BRIEF
Editor’s Note CREATORS OF THE SAFEST LEGAL ENVIRONMENT FOR YOUR BUSINESS
C
orporate and Commercial Law is emerging as the new frontier for businesses to conduct their activities in a safe and secure market environment.
With rapid entrepreneurial and corporate growth, industry law also evolved to cope with the changing times. These changes can be seen in corporate law firms’ sophistication, dynamism, and diversification. Today, corporate and commercial lawyers are providing their legal counsels to all the India inc. They strategically attend to every business's legal need in a competent professional manner, whether contracts, deals, agreements, signing leases, assistance in mergers and acquisitions, IPR, or advising firms in legal compliance and litigation cases. They establish their trust, reliability, and credibility by protecting business entities from every legal challenge arising during functioning and in their exit if such a scenario emerges. For the past two years, the entire legal
Sumita Sarkar Editor-in-Chief
sumita@insightssuccess.com
industry faced its biggest challenge in the form of the COVID-19 pandemic.
challenging to get the best match for all your business’ lawful demands.
The lockdowns and subsequent restrictions tested every legal professional personally and professionally. It affected not only their ongoing contracts, deals, agreements, and trials but also their future prospectus. But lawyers, advocates, attorneys, judges, courts and all the firms have risen to the challenge and overcame the worst phase with renewed hope.
There are several corporate and commercial law firms to choose from. And many of them boast of their credentials. Yet choosing the right pick remains a difficult task.
Learning from these turbulent times will set the course for the legal profession’s future. Technological adoption, specialisation, strategising, and client-centric approach is gaining popularity amidst the industry. With the change in corporate expectations, demands, agendas, and priorities, legal counsellors are also changing their approach towards everything. Still, it is always
Insights Success’ latest edition titled ‘The Most Trusted Corporate and Commercial Law Firms’ makes it easy for you by listing some of the best and compassionate law firms. Read on to find one that will create the safest legal environment for your business.
C O V E R S T O R Y
08 WHITE and Seasoned Solutions
for the Legal Industry
BRIEF
Revolutionizing the Legal Niche
Lex Favios
Ardent Advocacy with Proficient Legal Services
Roots Cyber Law Firm Passionately Creating Legally Safe Environments
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Article Digi- Tech Importance of digital data and records in law industry
Ensure Privacy Changing scenario of intellectual property rights due to technology
C O N T E N T
Alpha Rajan & Partners
28
Editor-in-Chief Sumita Sarkar Deputy Editor Aditya Umale Managing Editor Abhishek Joshi
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The Most
Trusted
Firms Company Name Alpha Partners alpha-partners.org
Management Akshat Vikram Pande Co-founder and Managing Partner Rajan D Gupta Co-founder and Managing Partner
2 0 2 in India 2
Brief Alpha Rajan & Partners (“Firm”) is a premier full-service law firm headquartered in New Delhi with an additional office in Bengaluru.
Lex Favios lexfavios.com
Sumes Dewan Managing Partner
Lex Favios is a full-service law firm with the office(s) in Delhi and Mumbai. It is a multi-disciplinary law firm providing a wide range of corporate advisory and legal services.
Roots Cyber Law Firm rclfglobal.com
Ranganath Mysore Founder
Roots Cyber Law Firm is formed to protect all its clients to be compliant in there day to day operations and adhere to compliance.
White and Brief Advocates & Solicitors whiteandbrief.com
Nilesh Tribhuvann Managing Partner
White and Brief Advocates & Solicitors is a multi-service law firm, headquartered in the commercial hub of Mumbai, with a global clientele and offering the entire gamut of legal services.
Seasoned Solutions for the Legal Industry
White and Brief - Advocates and Solicitors is recognized amongst the leading law firms in India for providing efficient legal solutions to a diverse clientele.
C O V E Nilesh Tribhuvann
R
Founder and Managing Partner White and Brief Advocates and Solicitors
S T O R Y
T
he future of the legal landscape in India is stirring with exhilarating possibilities with the specialized expertise brought forward by boutique law firms to meet complex legal requirements. Newer practice areas are developing to fulfil demands posed by digital realities and cross-border commercial operations. The law firms are being receptive towards modern challenges and driving the legal industry towards a decentralized global order requiring standardized, efficient, and easy legal solutions. They are also making the legal industry more client-oriented and approachable by adopting a collaborative approach that facilitates a productive feedback loop and free flow of necessary information. White and Brief - Advocates and Solicitors is recognized amongst the leading law firms in India for providing efficient legal solutions to a diverse clientele. The firm is headquartered in the commercial hub of Mumbai, and its operations are managed by Mr. Nilesh Tribhuvann, Founder and Managing Partner, together with the expertise of 65+ associated legal professionals. With efficient and easy legal solutions, White and Brief has been recognized for continually exhibiting professional excellence in its decade-long operations.
They are among few law firms to have an empanelled advisory board comprising legal dignitaries such as former judges and revenue officers to continually guide their legal enterprise. The new-age law firm derives its expertise from the underlying Tier-1 law firm experience of its accomplished team, which has a cumulative experience of 45+ years. As trusted legal advisors, White and Brief assists multinational companies and banks amongst other highly reputed organizations who have their presence in India as well as overseas. They also advise emerging start-up companies to provide a complete package of legal services. Some of the reputed clients of this law firm include Apple, Interglobal (Indigo Airlines), Godrej, Reliance Retail, Reliance Brands, Adani Capital, Adani Power, Welspun, Vedanta, Hyundai, Gangar, Syska, LED, Alkem, Flamingo, Ajanta Pharma, Hiranandani, amongst several others. They are also trusted legal advisors to reputable financial institutions such as SBI, HDFC Bank, Axis Bank, ICICI Bank, Bank of India, Doha Bank, IREDA, Citi Bank, HSBC, etcetera. An Eminent Leader
Comprehensive Expertise White and Brief is a multiservice law firm headquartered in the commercial hub of Mumbai, having a global clientele and it is competently driving effective change for its valued patrons.
As a boutique law firm, we are thrilled to take the legal dialogue forward with our proven expertise and an agile, technology-driven, and client- focused approach.
Nilesh Tribhuvann is the Founder and Managing Partner of White and Brief and he heads the dispute resolution and litigation practices. Nilesh has over 15 years of experience in the Indian legal arena and has managed some of the most high-stake and high-profile litigations, dispute resolutions, and white-collar crime matters. Trained under the tutelage of senior counsels, Late Mr. Ram Jethmalani and Mr. Mahesh Jethmalani, Nilesh has an allaround exposure in all the fundamental aspects of litigation. Nilesh has been the trusted legal advisor for several reputed brands such as Apple, InterGlobe (Indigo Airlines), Godrej, Reliance, and Hyundai. Throughout his eventful career, Nilesh has managed 6000+ cases and 3000+ arbitration matters. Nilesh has also represented eminent personalities and a diverse set of prestigious organizations in famed matters by representing reputed business houses, multinational corporations, international law firms, ministers, political dignitaries, high net worth individuals, bollywood celebrities, media houses, and government bodies.
He has also been retained on the panel of legal experts with several reputed conglomerates, aviation companies, real estate giants, and mass communication corporations. An Ardent Advocate From an early age, Nilesh was inclined towards reading and writing, which further culminated into a natural passion for research, current affairs, and public speaking. Additionally, being raised in a dynamic family of three generations of lawyers which included his mother, who also happens to be his idol, Nilesh was captivated by the world of law as it directly affects public life and resolves real-life social and commercial problems. This felt like a rewarding career for Nilesh and hence the vital family association and personal interest naturally led him to choose the path of being an advocate. Niche Legal Services White and Brief generates continuous value for its clients by fulfilling all their legal requirements with multidimensional legal solutions. Its niche practice areas include: • Litigation and Alternative Dispute Resolution • Taxation, Trade, and Customs • General Corporate & Commercial Advisory • Mergers & Acquisitions and Joint Ventures • Private Equity & Venture Capital • Capital Markets • Banking and Finance • Telecommunications, Media & Technology, and Intellectual Property (IPR) • White Collar Crimes - Compliance and Investigation • Regulatory and Consumer-centric laws Withstanding Challenges Crafting a name and repute in the legal domain is extremely difficult due to the highly competitive nature of the industry. At the beginning of Nilesh's career as a young legal professional, the challenge was to find the right mentor and nurture his court craft. Due to sheer arduous work and perseverance, he was fortunate to have the opportunity to assist Mr. Ram Jethmalani and Mr. Mahesh Jethmalani. Under the able tutelage and after rigorous personal training for over 10
years, Nilesh secured recognition and widespread industry acceptance. Drawing from early lessons of personal struggle, Nilesh continues to be resolute and enthusiastic about providing dynamic solutions to his clients for overcoming complex legal difficulties. Surmounting Adversities of the Pandemic The pandemic impacted businesses everywhere, and even the legal industry was severely impacted. The challenges were all-pervasive. But the automated and technology-led operations of White and Brief made it agile enough to counter new challenges, and they quickly adapted to remote working. With focused efforts and continuous learnings, they steadily aced the digital justice dispensation system. Additionally, the inherent moral building helped them to personally motivate each other and extend support to their teams to ease the apprehensions and anxieties accompanying the public health crisis. To this date, they are the champions of remote working and allow full flexibility to their team for working comfortably and delivering their best, no matter where they are. The unwavering team spirit and the performance continues to reinforce the faith of clients in the firm's renowned calibre which led them to score some very promising projects during the pandemic.
White and Brief plans to advance their operations across India and overseas through consistent efforts and trusted legal advisory.
Inspiring and Advising Aspirants The young generation stepping into the world of law has immense potential to make the legal domain more accessible. Nilesh encourages them to drive the legal domain to a more regulated but secured position that respects personal freedom with the correct balance of regulations for social and commercial life.
The firm also aims to effectively participate in India's growing entrepreneurial ambition by skillfully supporting the domestic industries and services sector. At the heart of their litigation practice, there also lies the will to fight social injustices for affected stakeholders and to make the legal industry more accessible. Promising Innovations in the Legal Space
Nilesh advises the aspirants to inculcate the deep-seated values and qualities like; patience and diligence and to read extensively while assimilating current affairs and the changing court culture with a special focus on newer practice areas. He would also like to encourage young practitioners to be empathetic about the client's cause, retain the humane approach in providing legal services and be determined to achieve the client-oriented end goal. The Future Strategies White and Brief plans to advance its operations across India and overseas through consistent efforts and trusted legal advisory. They want to foster the employment of legal tech in their operations to meet the next generational digital requirements, and they seek to diversify the existing operations by branching out to newer practice areas.
White and Brief generates continuous value for its clients by fulfilling all their legal requirements with muti-dimensional legal solutions.
The legal domain is going through a revolutionary transformational phase with the integration of innovative technology into everyday legal functions and the introduction of newer practice areas such as blockchain, cyber security, data privacy, cryptocurrency, artificial intelligence, space law, internet rights, and newfangled investment structuring for the financing requirements of the corporate world. The public justice dispensation system is also becoming decentralized and digitalized, while commercial conflicts are increasingly inclined towards non-adversarial dispute resolution. This provides a space for law firms such as White and Brief to innovate and accelerate their operations in the right direction for excellent synergies.
Alpha Rajan
& Partners Revolutionizing the Legal Niche
Exhibiting Excellence Akshat Pande is the Co-founder and Managing Partner of Alpha Rajan & Partners. Akshat is a corporate and commercial lawyer by profession. He has experience of 18 years in corporate and commercial law, specializing in corporate transactions, private equity, venture capital, M&A, and corporate restructuring. He completed his law graduation from Delhi University (2005) and postgraduation from the University of East Anglia, Norwich, UK (2006). He is also a member of the Institute of Company Secretaries of India (2002). Akshat’s practice focuses on private equity, venture capital, M&A, joint ventures, exchange control advisory, and investments. Akshat advises clients in healthcare, hospitality, real estate, eCommerce (start-ups), and technology.
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T
he legal profession has undergone substantial changes because of the recent economic crisis due to the pandemic, the evolution of the legal industry, and the market. This has given rise to a new breed of clients empowered to set the terms and conditions in the procurement of legal services.
However, one thing cannot be overlooked: captive clients don’t exist anymore. A company works with a law firm because it has the required expertise, trusted advisors, and fees that align with the added value the company or business is seeking. Alpha Rajan & Partners ‘Firm,’ a premier multidisciplinary law firm, specializes in advising and representing large foreign and domestic corporations with diverse business interests in India. The firm has been set up for providing corporate and commercial legal advice as a service by lawyers with rich experience in their respective fields of practice. Headquartered in New Delhi with an additional office in Bengaluru, Alpha Rajan & Partners was established from the merger of two law firms, Alpha Partners, Chambers of Rajan, and Indraneel. Primarily, the firm assists Indian companies in fund-raising (private), inorganic expansion, and growth through M&A, Corporate restructuring, insolvency, contract, and compliance management and assists foreign companies in setting up or doing business in India, undertaking cross border transactions. It works with foreign law firms in advising their clients for Indian laws. The firm has also established itself strongly in dispute resolution practice where it advises and represents its clients for various commercial dispute resolution through arbitration, mediation, litigation, employment law disputes, regulatory litigation, white collar, and cybercrimes. It advises on international arbitration as well as represents clients in corporate disputes, shareholder disputes and liquidation, and insolvency.
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Alpha Rajan & Partners has been set up for providing corporate, commercial legal advisory as a service, by lawyers with rich experience in their respective fields of practice
Rajan D Gupta is the Co-founder and Managing Partner of Alpha Rajan & Partners. Rajan is a rank holder chartered accountant turned Corporate and Tax Attorney and is also a registered Insolvency Resolution Professional. Rajan has a formidable professional experience of around 25 years working as a corporate and tax lawyer. Rajan has been in senior positions and partners with many respectable consulting and law firms such as Vaish Associates, PWC, Khaitan & Co., and Fox Mandal. Rajan is also a member of IAG Global, an international network of law firms in over 65 countries, and enjoys excellent working relations with law firms in jurisdictions such as Japan, Germany, and Southeast Asia.
15 | February 2022 |www.insightssuccess.in
The Most Trusted Law Firms in India | 2022
Shedding light on venturing into the legal industry, Akshat expressed, “I had studied law as part of the course of Company Secretary, and I found it to be extremely interesting and decided to pursue it after graduation. Many well-wishers told me that setting up a successful law practice for the first-generation lawyers is challenging.” “Probably, I should reconsider my decision. However, as I continued with the law course, I felt more and more connected and found it to be my calling.” “To date, I find it both emotionally gratifying and intellectually satisfying at the same time. I also feel very fortunate to have received the support of my seniors, peers, and clients who have helped me at various stages of my professional journey and contributed towards my success as a professional so far,” he added. With a spark to do things differently, Rajan stated, “I commenced my career as a tax consultant with a leading tax law firm. Subsequently, I worked as a senior-level tax and regulatory consultant with PWC for approximately seven years. I realized that there was an acute dearth of lawyers who could provide holistic legal advice covering all aspects of law and tax in transactions. “Thus, having developed a niche (through my focused experience) in both direct and indirect taxation, I acquired necessary skills and expertise in areas of corporate and commercial laws, and have handled several M&A transactions so far.” “These factors helped me to develop my corporate practice, focusing on providing holistic advice (covering legal and tax aspects) to the clients,” he added. Ennoblement in Legal Services Alpha Rajan & Partners provide legal advisory, assist in due diligence, counsel, and represent clients across courts, appellate tribunals, and other quasi-judicial bodies on legal issues pertaining to the following practice areas: Corporate, M&A Commercial advisory and contracts Private Equity, Venture Capital, and Funds Insolvency and Restructuring Employment Laws and Industrial Relations Infrastructure (Energy, Highway, Road,
Railways) Project Finance and Banking Laws Real Estate and Construction Competition Law and Anti-Trust International Trade Laws and WTO Food laws, legal metrology, product liability, and consumer litigation (Defense) Intellectual Property Taxation – Direct and Indirect Litigation and Dispute Resolution, Arbitration, White Collar Crimes
Overcoming the Hardships The legal profession is still seen as extremely individualistic and person-based, and it hasn’t developed or probably institutionalized like other professions. Hence, being a first-generation lawyer and trying to build a successful law practice is challenging enough, given that the industry is people-driven and requires one to have deep relationships. It takes time, patience, deep focus, and client commitment. Besides having to keep pace with a very dynamic legal and regulatory regime because of the ever-evolving Indian economy, there is a huge disconnect between academics and practice in the legal field. In other words, the commencement of a career as a legal professional in India poses tremendous challenges because the law graduation course does not focus on preparing students to become practicing lawyers. Thus, a lawyer must learn everything on the job. Hence, a lot depends upon the exposure and learning opportunities a person gets. This situation is more accentuated in fields of transactions and corporate practices, wherein even the theoretical subjects relating to such practice areas are not adequately covered by the law graduation course. Surmounting the Adversities of the Pandemic During the COVID-19 pandemic, the partners shared, “We were much busier with most of the companies rushing to close their ongoing deals. Thus, with increased M&A and PE/VC activity, we always needed hands on the deck. We also saw an uptick in litigation and arbitration matters, and since the courts were initially closed until the online hearings started, most disputes were mediated and settled.”
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“Our Labour and Employment and Real Estate practices too had a steady flow of work throughout the period involving advisory and compliance-related work.” “Personally, the phase was a bit challenging and demotivating to see few of our lawyers and their families getting affected by COVID both physically and mentally.” “The idea of getting used to the “Work from Home” situation was initially testing for our clients and us. However, considering the safety and health concerns, we adapted quickly and integrated technology to ensure smooth functioning and seamless communication amongst our clients and us.” However, they felt fortunate to have clients who understood, co-operated, and supported them throughout the pandemic. Pearls of Wisdom As advice for the young aspirants who are willing to step into the legal industry, Akshat said, “Pursue legal profession only if you are in love with the subject, are intellectually intrigued, and have a problem-solving attitude. It’s not a job, and hence do not join this profession with an employee mindset. Treat your law firm/organization as your client and therefore, do your very best.”
New Age instruments and methods, including ICO’s, IDO’s, web 3.0, is pushing us to rethink, design, and implement appropriate legal regime and regulatory framework to safeguard the interests of the key stakeholders. The rapidly changing economic scenarios across sectors, including legal, requires businesses to adapt, innovate, and implement sustainable business models. As law firms and lawyers, Alpha Rajan & Partners is re-learning and adapting to stay relevant and be ahead of the curve. Alpha Rajan & Partners’ vision is to establish and sustain one of the most sought-after law firms providing quality advice meeting the highest professional and ethical standards. The firm is committed to expanding its horizons across sectors and increasing its footprints in at least three new jurisdictions in the next two to four years while catering to a global client base. As part of its growth strategy, Alpha Rajan & Partners is looking to build up its team to strengthen its corporate and tax practice (with 30-50 lawyers on board). It also plans to invest heavily in creating a robust technology infrastructure for secure and seamless interaction with clients, lawyers, and other industry stakeholders. The firm is also looking to grow its presence mainly in the MENA region through an overseas office in UAE.
Rajan added, “Remember, there are no shortcuts; a thorough approach will yield results – be it researching or preparing for matters. Technology can only reduce the effort in some ways; picking up books before accessing Google is always advisable.” Team Alpha Rajan & Partners cautioned, “Understand that your earnings will be low in the beginning. Take the first three-four years as an extension of your college. Go for LLM only when you have spent at least five years in the profession, if at all.” Industry Sagacity Given the increasing interplay of emerging technologies and law, the current industrial scenario is extremely exciting and is looking upwards and onwards. With the advent of crypto-currencies and other forms of digital currencies, the fintech sector has grown exponentially, transforming the way of doing business and/or securing investments/funds for growth.
17 | February 2022 |www.insightssuccess.in
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20 | February 2022 |www.insightssuccess.in
Digital Tech
Perks of
Maintaining
Digital Data and Records in the Legal Industry
egal Industry deals with humongous paperwork continuously. All the members of the legal field, be it advocates, attorneys, associates, interns, paralegals, or secretaries, could be seen spending most of their time adding, reviewing, and organising incoming pieces of papers to a case file.
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It is not only saving time for the legal expert providing counsel to their clientele but also saving that clientele their hard-earned money. Thus, digital documentation is not only the present but also the legal profession’s future for streamlining their counselling process and making it more efficient, effective, timely, and economical.
In many cases, huge binders are created to keep everything in order so that concerned people can access any and every document whenever needed. This is documenting. And any expert would tell you that a significant chunk of their billing hours contains mostly administration and documentation of the legal paperwork.
Digital Data and Records: A Revolution Digital documentation is like a revolution for the legal industry, as everybody associated with it knows that even the simplest of legal matters create a substantial amount of paperwork. And collecting, maintaining and accessing physical records is an arduous task.
Before the digital revolution, this was the most cumbersome task faced by the legal profession. The advent of digital documentation came as an enormous helping hand in terms of data collection, recording, storage and anytime anywhere access.
But with digital, all the discomfort is eliminated. There are many benefits, but the most important ones are given below. Recordkeeping and Maintenance With physical documents, the cost of storage, transfer, and
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access is enormous. But with digital, all you need is a desktop PC, or a laptop, or a tablet or nowadays a smartphone because a modern smartphone can carry libraries of legal documents digitally. No need for huge physical spaces. No need for traditional transportation. E-records saves legal professional not only time and space but also money. In today’s information technology and communication era, recordkeeping, maintaining and sharing is as easy as touching a screen with fingertips. Accessibility And the biggest advantage of turning legal documents into digital copies is accessibility. Anyone anytime and anywhere can access the PDFs (Portable Document Formats). They can also search it for information like names, titles, dates or keywords. They can further duplicate, share, and edit it easily according to their needs. The best benefit is that it eliminates the necessity of maintaining physical copies and reduces the time for simple searches to find missing or misplaced documents.
offices, law firms, industries and experts around the globe to come together and easily co-counsel and collaborate. As for sharing, editing, and preserving the records becomes easy; team members can collaborate irrespective of their physical location. Maximum Data Security Digital documents can be easily encrypted or passwordprotected, thus maintaining confidentiality, secrecy, safety and security. Similarly, access to any document can be restricted as per the need of the case, ensuring that it can be accessed by the authorised persons only. Another benefit of digital documentation is that it can be backed up to ensure their safety and permanency. Physical documents can be lost to any unforeseen events like fire or flooding. But digital records eliminates such risks. Sustainability Less physical papers mean more trees. Thus digital documentation is helping the environment immensely by reducing our dependence on physical papers. Cutting on paper waste, digital recordkeeping is reducing the carbon footprint of the legal profession.
Remote access is another benefit that helps legal professionals in transit or working from home, as is the norm nowadays.
Eliminating paper and ink is the best way the legal industry can contribute to a cleaner and greener environment.
Research Secondary research is the first research carried out by lawyers to begin legal cases. The secondary research is for similar cases in the past, which they have come across or worked upon.
Digital Technology is the Legal Future Coronavirus pandemic pushed the legal profession, including supreme courts and high courts, to adopt digital technology at the earliest. And they too found embracing it to their immense advantage.
This is where digital documentation can help them immensely. It gives them access to already stored in-house digital records for searching and referencing specific case laws, legal arguments, key points, offering the entirety of their previous research and work at their fingertips.
Online trials are now common. Though they are still very few compared to physical trials, many local courts are also accommodating them.
In general, lawyers spend one-third of their time in research and with digital documentation, they can minimise their time-spend considerably, increasing their overall productivity and efficiency. Collaborations The legal sector is increasingly becoming a space for collaborations. And digital documentation provides a common platform for people from the same or different
Similarly, suppose these highest administrative and judicial bodies make digitalisation mandatory criteria for all the functionaries of the legal profession. In that case, it will make the legal industry up to date with the changing times. Digitalisation is the future. Society has understood it and adopted it with open minds and arms. It is up to every conservative mind in the legal industry to open their minds and outlook so that the entire judiciary can transform itself into a modern law implementing entity because digital tech is the best legal course for society’s future.
22 | February 2022 |www.insightssuccess.in
Lex Favios
Ardent Advocacy with Proficient Legal Services
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he legal sector is experiencing a drastic transformation over the last few years. Legal practice in India has been evolving since its inception, as a field, and as a profession. There is a paradigm shift in how the legal industry works today. Laws in India have advanced and have reached greater heights in various specializations such as Cyber Laws, Competition Laws, Insolvency Laws, etc.
Additionally, with the advent of technology, advanced tools and apps are available at the fingertips and as a result, the face of the legal system has had a makeover. On the flip side, the substantial and consistent growth in the number of lawyers has resulted in legal professionals focusing on legal entrepreneurship. Lawyers these days concentrate on providing efficacious service to their clients and making them feel at ease service-wise and value for money. On the other hand, due to the changing economic times, there has been a constant effort by the legal firms to find new ways to attain and retain their clients, ultimately making this sector more effective, efficient, accessible, and reliable. This is where Lex Favios excels in the limelight of the legal industry. Lex Favios is a full-service law firm in India, the firm has offices in Delhi and Mumbai and represents clients across sectors including Manufacturing, Telecommunications, Education, Banking, Housing Finance Companies, Hospitality, Information Technology, Consumer Products, Media and Entertainment, Real Estate, Retail and Franchising, and Taxation. The Journey of a Start Mr Sumes Dewan is Founding, and Managing Partner of Lex Favious, and he is one of the few lawyers in India to be admitted as an ‘Honorary fellow of Association of Fellows and Legal Scholars.’ 24 | February 2022 |www.insightssuccess.in
The Most Trusted Law Firms in India 2022
Mr Sumes have always been enthusiastic about being a lawyer and it is one of the few professions that offer challenges and variety that fulfil both personal aspirations and offers career development. The motivations for becoming a lawyer have been a sense of personal achievement, meaningful, and satisfying work. He started his journey in litigation in the year 1996 and then moved to be a Corporate Lawyer. The initial foundation years as a litigator, assist in handling transactions. He started his legal career with Singhania and Co. in the year 1996 and then continued his journey as a Partner with Law Firms such as K.R Chawla and Co., Fox Mandal, Desai and Diwanji. As an ardent advocate, Mr Sumes comprehends twenty-four years of experience and specialization in Foreign Investment in India, Corporate Laws, Banking and Finance, JVs, Cross Border Taxation Issues, Banking and Finance, Real Estate and SEBI Takeover Regulations. Later, Mr Sumes founded Lex Favios in 2014. Apart from several other honourable memberships, Mr Sumes was nominated by the ‘Asia Law Leading Lawyers’ survey consistently from 2007-2014 as one of the most highly acclaimed legal experts in Asia-Pacific in Capital Markets and Corporate Finance.
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Lex Favios is dealing with several international tieups and affiliations, where it provides services in different jurisdictions with seamless crossborder transactions
Mr Sumes Dewan Founding and Managing Partner
Setbacks- A Part and Parcel on the Way to Success One of the key challenges of Lex Favios has been to provide sector-specific advice and cater to the needs of the clients and on the other hand, the biggest challenge has been retaining the legal talent in the Firm determined to seize the skyrocketing outbound investment opportunities. Growing rapidly, the firm already has offices in Delhi and Mumbai and plans to now establish an additional office in Bangalore within next year and is also looking to spread out to other cities. Lex Favios is determined to expand into new practice areas of intellectual property and indirect taxation. Value-added Services and Quality Offerings Lex Favios has a diverse area of practice and includes Foreign Investment in India, Mergers and Acquisitions, Private Equity, Corporate Commercial Laws, Capital Markets, Cross Border and Non-Resident Taxation Issues, Banking and Finance, and Litigation and Dispute Resolution. The key services provided by Lex Favios is as follows: • The Firm assists its clients in formulating entry strategy in India including setting up Liaison Office, Branch Office, and Wholly Owned Subsidiary.
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Advice on setting up joint ventures in India or overseas, including issues that are of critical significance to a joint venture,
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Advising clients on issues relating to the acquisition of both Indian and overseas companies including the foreign exchange and other governmental regulations applicable to such transactions.
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Private Equity Investments- Lex Favios’ expertise oversees complex private equity transactions, advising on suitable structure, and advising on legal, regulatory, tax implications, drafting, negotiating, and reviewing documentation related to the investment. Advise on several types of domestic and cross border syndicated lending (both secured and unsecured), asset sales and debt trading, private banking, corporate financing and refinancing and public sector financing.
Surmounting the Adversities of the Pandemic COVID-19 was a tough time for business; however, Lex Favios has a diverse area of practice ranging from advising on equity investments, debt investment and strategy. The Firm advised clients on issues ranging from laying off employees, work from home policies, and dealing with key issues of renegotiation of contracts. The Firm adopted work from home policy for its employees and put in place, the requisite infrastructure and technology tools required to ensure that the process was seamless and enabled Lex Favios to provide service to its clients, seamlessly.
Pearls of Wisdom for the Aspirants As a piece of advice for the young aspirants, Mr Sumes said, “Keep a clear vision, as it is easy to get distracted with so many things and that the struggle, is always part of any new beginning.” Embracing the Future Roadmap Apart from establishing a strong client base, delivering exceptional services, and exceeding expectations, Lex Favios has had to overcome challenges that have arisen within its respected industry. For instance, one of the key challenges is that foreign law firms are not permitted to set up a practice in India, and the same policy does not enable Indian law firms to be part of large multi-jurisdictional transactions. As a result of this, Lex Favios has become part of the ‘Legal Netlink Alliance consortium of European and US Law Firms,’ which enables its clients to offer services in all global jurisdictions and be part of transactions in multijurisdictions. The same has helped Lex Favios to overcome one of the key challenges the Firm has faced. Moving forward, the team at Lex Favios are keen to expand its global footprint, looking at ways of setting up additional offices in other cities throughout India. Currently, the Firm is hiring legal experts in different areas of practice, to offer services to both new and existing clients in diverse areas of practice. Finally, the Lex Favios team hopes to offer new areas of practice to its clients in the years to come and the Firm looks to have a bright and promising future ahead of it.
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Changing
Scenario of Intellectual
Property
I
ntellectual property (IP) is a crucial business asset that could be the primary competitive edge in a developing market like India. Companies that export to or operate in India, or even contemplating India as a possible market, should have an IP management strategy that identifies and protects their intellectual property.
Rights
Intellectual property is an essential asset for any business. If you plan to do business, or even if you are already doing business, it is critical to understand how to use, protect, and defend the rights to intellectual property that an individual or his firm holds. Intellectual property refers to the production of tangible assets related to a company’s operations. In India, intellectual property refers to a person’s or company’s trademark, idea, design, or any other type of creation over which they have legal control. Almost every company owns intellectual property, which can be considered a corporate asset. Benefits of Intellectual Property Rights (IPR) Ÿ Intellectual property rights safeguard not only company ideas or concepts but also true commercial assets that are critical to products and services. These intellectual
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At a Glance
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Ÿ property rights are critical to the company’s development and profitability. Ÿ It increases the market value of your company. Intellectual property rights (IPR) can help you earn revenue by allowing you to license, sell, and even commercialise your products and services. Ÿ Turn your thoughts and ideas into profit-generating assets. While ideas have little value on their own, registering them under intellectual property rights can assist you in turning them into commercially viable products and services. Ÿ Promote your goods and services. Obtaining intellectual property rights can assist your company in developing a mage. Ÿ Obtain or raise capital for your company. Individuals can monetise their assets by selling them, licensing them, or using them as collateral for loan financing. Ÿ Increase the business’s export opportunities. India’s intellectual property rights might also boost the country’s market competitiveness. Ÿ Some intellectual property rights are automatic, while others require a formal application and registration before they can be claimed. As understanding intellectual property law grows, there has been a significant increase in intellectual property registrations in India recently. Engagements and Developments in IPR Until Now India has been a part of the World Trade Organization (WTO) since 1995, and if anyone does business with them, they will notice that local IP law and enforcement procedures are comparable to those in place in the UK. India is also a signatory to a few international IP treaties. Furthermore, registration can be used to protect rights such as trademarks, designs, patents, and copyright. These rights are enforceable through Indian courts, which can promptly offer interim remedies like injunctions in the event of an infringement. The courts can also order violators to account for any gains made due to their violation. India published its comprehensive National IP Policy in 2016, with a key focus on raising awareness and strengthening administrative capability. Copyright and Semiconductors were transferred to the Ministry of Commerce’s Department of Industrial Policy and Promotion, later renamed the Department of Promotion of Industry and Internal Trade (DPIIT). A Cell of IP Promotion and Management (CIPAM) was established within DPIIT and is responsible for implementing the IP Policy as well as
interagency coordination. Their main aim, however, appears to be raising citizen awareness. CIPAM held the first-ever all-India enforcement workshop for police officers in 2017 and released a toolkit to help officers enforce IP rights. Following this move, the Ministry of Home Affairs announced that all police training academies would be required to teach IP. To address the threat of online piracy, the state of Telangana established India’s first IP Crime Unit in 2016. Maharashtra followed suit in 2017, establishing the Maharashtra Digital Crime Unit (MCDCU), which has taken down several sites that contain copyrighted content. In India, the MCDCU is the country’s first public-private partnership unit for law enforcement. They have prohibited approximately 250 sites that primarily contain copyrighted content until now. Mizoram became the third state to establish a Digital Crime Unit to tackle digital fraud and copyright theft in 2018. The IPO produced proposed Copyright Rules and a second Patent Rules Amendment in 2019, which are still being considered and will not be finalised. Final Thoughts One should make sure that everyone in the company is responsible for protecting intellectual property. Many companies rely on the integrity of their intellectual property, which is typically one of their most valuable assets. As a result, both management and staff and other organisations with which you have interactions should pay close attention to it. It might be good to choose a manager responsible for knowing and safeguarding individuals’ and professionals’ intellectual property rights. A legal-trained manager would be a suitable fit for a company having a legal department. It will help the business mitigate any subsequent risk in the future in the area of IPR.
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- Rahul Thakar
Ranganath Mysore, Founder
Roots Cyber
Law Firm
Passionately Creating Legally Safe Environments
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The Most Trusted Law Firms in India | 2022
It was the time to follow his lifelong passion and Mr Ranganath Mysore, the Founder, decided to practice full time as an Advocate in the Cyber space. And it is his passion towards the law that made him venture Roots Cyber Law Firm, to create legally safe environments for all of its clients. "Believing that prevention is better than cure in cyberspace, the word 'Roots' emerged, telling our clients, we will fix issues and provide legal solutions, by finding out the root of the issues," Mr Ranganath Mysore divulged to our team of Insights Success, who were on the quest to find out 'The Most Trusted Law Firms in India, 2022'. Roots cyber law firm was formed to protect all its clients, to be compliant in their day-to-day operations, and adhere to compliance. Onboard of Roots are the leading cybercrime lawyers in Bengaluru. They suggest privacy by design, secure coding, providing awareness for the larger population to keep them safe and much more. While the Roots team is passionate about each stream of operation, Mr Ranganath Mysore is their trump card. Ace of the Agency Mr Ranganath Mysore comes with a unique educational combination and experience in computers, management, and law with degree/s in MBA, PGDCA & LL.B. And he has a postGraduation degree in Cyber Laws and Cyber Forensics from National Law
handled numerous cases related to cyber laws.
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Roots want to secure all of its clients with preventive measures and minimize litigation.
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F
rom his childhood days, Mr Ranganath Mysore was fascinated with the law and had an immense passion for science fiction. Hence, he always wanted to explore software technology and combine software with legal aspects. And when cyberspace was brought into the ambit of law, cyber privacy laws emerged.
School of India University (NLSIU) and has also undergone CHFI (Cyber Hacking and Forensics Investigator) form EC-Council, PMP (Project Management Professional) from PMI (Project Management Institute) and certified as a DCPLA® (DSCI Certified Privacy Lead Assessor) from DSCI (Data Security Council of India). He is an Ex-IBMer with over 20 years of industry experience, a strong leader who works well under pressure. During his industry tenure he has handled master service agreements, SOW, contracts, project management, managed large projects, developed software, etc. With his varied roles and responsibilities, he understands business transaction and the complexities of the legal system and fill the GAPs for compliance. He has been part of many panels and media discussions on the subject of cyber laws. He is on the panels of leading Banks and caters to over fifty start-ups and corporates for cyber corporate compliance. And he had also
"He was a visiting faculty at NLSIU and Cyber forensics to post-Graduation students during 2020-2021" The Leading Cybercrime Firm Predominantly, the agency provides services related to cyber, privacy laws and corporate compliance such as drafting terms and conditions, cookie policies, privacy policies and vetting contracts, agreements, and all other allied services to the corporates. It also represents its clients, in the court of law, in various cases. For individuals, it helps in lodging cyber fraud complaints in police stations and also handles cases related to the Information Technology Act (ITA) in the court of law. It provides awareness programs related to cybercrimes, through online and offline modes. Solving Issues The agency's first challenge was how to get clients and answer the question why should clients come to it? The firm solved it, by providing online solutions which reduced turnaround times. It further innovated the way those solutions are offered and specialized its other cyberlaw offerings, which made clients believe in the agency and they started to engage with it more and more. The next challenge was to understand various legal processes, build a team that can deliver with passion and understands cyberspace, that is, how the technology and legal aspects go hand-in-hand. Another big challenge was getting adjusted to the paper culture, after coming from a paperless corporate culture. In corporate offices, the team
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was used to working paperless and all approvals, communication, meetings etc. would take place over email, conference/video calls. But in courts and advocates offices there were no emails, no online filings, not much use of technology. Almost everything required physical presence and hard copies. In short, the Roots team met with bundles and bundles of papers. At that time, Mr Ranganath Mysore felt that the courts can operate online. They can have video calls for hearings. Filing new cases can be online. According to him, getting scanned certified copies to email rather than prints, service of summons via WhatsApp, email etc. will save a lot of time and money for all stakeholders. Because currently, to get a summon served to an accused in a cheque bounce case it takes a minimum of two-three months from the date of filing the case. He says that when he suggested this to his colleagues, they laughed at him saying it will not happen here, as it is only for corporate offices. In fact, Mr Ranganath Mysore wants to pen down his thoughts for easing the current process of cyber law for various cases. Winning Over the Pandemic According to Mr Ranganath Mysore, pandemic time was both a curse and a boon. A curse because it had affected many lives globally and businesses went for a total loss. The economy collapsed and courts were also shut down for a considerable time and they were not able to attend courts as well.
Of course, their profession was affected with no income or a minimal income. It was a horrible situation and the Roots team lost a few of its member's nearest and dearest friends, colleagues, and family members.
subjects, based on the case, he/she handles, like it may be medicine, business, technology, engineering, pharma etc. And the challenges here will sharpen the individual's problemsolving skills.
But it was also a boon because the pandemic forced courts to adopt to online filings, virtual hearings etc. Somewhere it had started, and the courts are changing their processes to use the technology more. And at this juncture, Mr Ranganath Mysore said that the firm had an upper hand with technological know-how. During this time, the firm was able to help many advocates in filing online cases, helped them in online hearings, and also conducted online arguments.
According to Mr Ranganath Mysore, in legal space, there are many specialized laws like ITA, POCSO, the Consumer Protection Act 2019 etc. Commercial courts are already functional for commercial disputes. This introduction makes it a specialized subject matter and thus it narrows down to specialization. Hence, he thinks that one needs to learn at a quicker pace to cope up with these new developments.
With its corporate clients being onboard, the firm was able to minimize its damages. It had worked towards executing and setting up many of its client's business from offline to online, drafting terms and conditions, executing online contracts etc. "Moreover, we can't forget our corporate clients who kept us as a retainer and helped us survive by reducing the damage," Mr Ranganath Mysore pointed out. The Legal Advice As per Mr Ranganath Mysore, there is a saying that 'legal profession is a noble profession' and he witnessed it first-hand after going in as a practising advocate at the Bar. Thus, his advice for the young generation is to enjoy the profession and understand that this is the only profession which is 'jack of all and master of none'. It means, as an advocate, one needs to touch all the
Roots Future Goal Mr Ranganath Mysore also has no doubt that this profession, which has in the past created and, in the present, is creating great leaders to lead the human society, will keep doing so in the future as well. Roots Cyber Law Firm wants to secure all of its clients, with preventive measures and minimized litigations. Mr Ranganath Mysore expects that in the next ten years, the firm would be serving globally, with its existence in all the places. He concludes with the belief that change is inevitable and they are ready for that change, with a technological edge.
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