This interview has been published by Namrata Singh and The SuperLawyer Team
Could you share the pivotal moments and personal motivations that inspired your journey into the field of law, and how did you navigate the initial challenges and struggles as you embarked on your career?
My father is an advocate on record practicing in the Supreme court of India. So, most people naturally assume that is the reason why I chose law. While my father is my personal motivation however, there is quite a bit of story behind why I chose law as my career. I was in grade 5 in school when I first visited the Supreme Court with my dad during my winter vacation. The Court was also closed and there were very few visiting lawyers in the court premises. I was in the cafeteria, when a couple of lawyers approached me and my dad, probably they were curious about seeing a 10-year-old kid in the court premises. They started having a conversion and asked the cliché question, what I want to become in the future. I recollect mentioning wanting to become a scientist and they suddenly asked me, “Why don’t you become a judge”. I said okay and they said, “ promise us that one day you will become a judge of the supreme court”. The young me just went with the flow and promised them. But from that day onwards, I was clear that I wanted to pursue my career in the legal field. Even though later, I decided to take a different path and steer towards corporate practice. Nonetheless, I don’t regret the decision till date.
I guess, the fact that I was determined to be a lawyer and that I wanted to become a corporate lawyer has made it easier for me to focus; the academic faculty at my university, notably Dr. Mamta Biswal, also helped me crystallize my decision to become a corporate lawyer. Our Commerce professor, Mr. Satya Ranjan Mishra encouraged me to pursue the Company Secretary course during my LLB, which helped me in gaining extra learning experience in the subject. While at university, acquiring an internship opportunity was quite stressful and I ended up getting rejected twice by Amarchand for the internship. However, perseverance and proper guidance from my seniors in the University helped me land a job with Shardul Amarchand Mangaldas & Co. (Erstwhile Amarchand Mangaldas Suresh Shroff & Co.) during the campus placement.
Given your diverse experience in both India and the UAE, how do you navigate the legal nuances and cultural differences in your practice, and how do you stay updated with the latest legal developments and industry trends to integrate these insights into your work?
I am indeed grateful to have worked in such diverse legal landscapes. In India, working with Shardul Amarchand Mangaldas under the leadership of Mr. Inder Mohan Singh was a great learning experience. I remember when I joined the firm in 2013, the new companies’ law had just been enforced and our team was primarily working on dissecting the law, making submissions on the lacunas and shortfalls to the ministry as well as other organizations like FICCI. I am really thankful to my mentors, Mr. Aayush Kapoor and Mr. Harish Kumar, who moulded me as a lawyer and became a role model for me. In UAE, I work with M&Co Legal, which is a DIFC-registered law firm run by Emirati lawyers. The legal landscape of both India and UAE is completely different, as you may know, UAE is primarily a civil law country and has two common law jurisdictions in free zones (Dubai International Financial Center and Abu Dhabi Global Market). The transition from India to unlearn and learn civil laws in UAE was challenging in the beginning, especially, trying to understand the legal systems in place. However, the partners and the colleagues at M&Co. Legal were quite helpful during this transition phase, and additionally, the training that I had received at Shardul Amarchand Mangaldas, also helped me to quickly complete the learning phase. Since I am working at a local law firm with a very niche clientele, it naturally assisted me in my understanding of not only the local culture, but also provided exposure in interacting with as well as dealing with clients and peers from different nationalities. The peculiarity of working in UAE (or rather interesting part) is that you get to work under both Civil and Common law jurisdiction, and I have thoroughly enjoyed maneuvering through both these jurisdictions simultaneously. Both India and UAE have fast-changing economic and legal terrain, and I continue to keep myself abreast with the changing legal dynamics, as this is pertinent to provide plausible legal solutions to the client. I normally do that by following media (through news and professional social media platforms), from newsletters released by legal knowledge platforms, and keep a look-out for any important changes by setting a Google alert on the pertinent topics.
Your profile mentions your involvement in drafting insider trading codes and handling related investigations. What insights have you gained from such regulatory experiences, and how do they inform your approach to compliance?
During my tenure in India, drafting insider trading codes and especially handling related-investigations from regulatory authorities in India like SEBI was an interesting opportunity. The experience from dealing with insider trading investigations gave an insight to the regulators point-of-view as well as stance on the points and identify the key areas of focus. This experience in turn guided me while drafting such insider trading codes for the listed entities to ensure the key focus areas, and to effectively deal with the challenges as well as provide proper guidance on these matters to the client. Such matters are extremely delicate and there is a fine-line when it comes to becoming non-compliant, hence, it was important to lay down a proper strategy to ensure effective mechanism to deal with the price-sensitive information with the top management and employees of the organization.
It is also interesting to mention that in UAE, as well, I have dealt with various investigations issued by the Ministry of Economy related to the breach of DNFBP (Designated Non-Financial Business or Profession) obligations and breach of licensing conditions raised by Abu Dhabi Financial Services Regulatory Authority. All these experiences with the regulators teach you to think from a different angle while approaching a matter, and helps you to visualize everything from a macroscopic level as well as gives you guidance to navigate through the regulatory requirements.
With your expertise in employment laws, what advice would you offer to companies navigating labor-related challenges, especially in cross-border transactions?
During my practice in India, employment used to be one of the crucial areas of concern during the M&A deals, and the matter considering the impact on the livelihood of people had to be dealt with caution and delicately. UAE is a labour friendly country and the employment laws strike a balance between the Employers requirements and Employees rights. I would personally like to advise the companies in UAE to specifically be aware of the local employment laws and to understand that the common law free zones (ADGM & DIFC) have a separate employment law. It is important that the terms of employment are carefully drafted to ensure compliance with the local laws. I would specifically recommend the corporates to have an employee handbook to note down the various employment policies while dealing with matters such as disciplinary actions, internal grievance redressal, employee policies tailor-made to the specific industry and educate the employees about these policies.
In relation to cross-border transactions, the areas of transfer of employees and secondment needs to be tackled carefully. Employees in international companies with offices in UAE are normally subjected to the group policies wherever applicable, however, it is to be noted that notwithstanding the group policies and benefits available to the employee, such that an employee in UAE will be receiving the necessary benefits and protection mandated by the local laws. Hence, it is important to reconcile these policies to include the local labour laws and the emoluments accordingly.
In your opinion, how can the legal profession leverage technology and innovation to enhance efficiency and client service while maintaining confidentiality and security?
The advent of digital technologies is positively impacting the legal profession as well. At the moment, I don’t believe that AI can take over a lawyer’s job, however, I firmly agree that it can increase the efficiency in doing the job. Legal tech can eliminate the mundane routine tasks and save the time of the lawyers in focusing on the core legal areas. This will in turn ensure faster delivery of tasks and ensure economic efficiency for the clients by reducing the additional billable hours payable by them. Another area where legal tech can help lawyers is in data entry and research. Even though legal tech ensures efficiency, lawyers have to be responsible enough not to use free and public AI platforms to provide inputs on confidential information. It is always key to ensure that only secured legal tech platforms are used to avoid data leakage and breach.
What motivated you to move your career to Dubai, and how has this transition influenced your professional growth and perspective on corporate law?
My career-move to Dubai was purely due to personal reasons and was not a calculated move from my end. However, I am thankful that it happened as UAE was truly resilient to the challenges during the covid times, and post-covid, the country has seen an economic upward trend. UAE is now increasingly becoming the hub not only for all the international businesses but also for the high-net-worth individuals from various parts of the world. Obviously with the increase in business activities in the country, the legal requirements also follow. Being in UAE and working with M&Co Legal has provided a vast exposure to me to develop my personal and professional growth. Being part of a small yet niche corporate team has expanded my horizon in practicing various aspects of the corporate laws and in various industries. This has helped me understand the business and regulatory requirements for various sectors such as F&B Industry, real estate among others.
As a legal influencer recognized by Lexology, what advice would you offer to aspiring lawyers seeking to establish their presence in the legal community?
I would advice aspiring lawyers to carefully understand the law. “ The devil lies in the detail” is especially true in our legal profession. I understand that nowadays everything is available on AI and legal tech platforms, however, it is important not to blindly rely on it for research without reading the underlying law itself. While I am not against using AI, it is important to use these platforms as a reference and not base the entire work on it without using your own analytical skills. You leave a mark in the legal profession and on your client by using your analytical as well as problem-solving skills.
The acquisition of Al Huraiz Packaging Industry LLC by Hotpack Packaging Industries LLC was a significant deal. What were the most complex aspects of this transaction, and how did you navigate them?
We represented the Seller, AL Huraiz Packaging Industry, which is a local Emirati Company involved in manufacturing packaging materials. The deal was a 100% shareholding acquisition by the major packaging company, Hotpack Packaging Industries LLC. The transaction, considering 100% shareholder takeover included transferring the factory unit and other equipment to the new shareholder. Additionally, there was debt restructuring as part of the transaction; the aspect of regulatory approval and debt restructuring was the challenging part of the deal. However, the negotiations based on good-faith between the parties and legal representatives assisted in finding the appropriate resolution for the concerns.
When advising on mergers and acquisitions, what key factors do you consider to ensure the transaction is legally sound and beneficial for your clients?
Fact-finding by way of due diligence (either legal or financial due diligence) is the most important part of ensuring whether the deal is legally plausible. Additionally, it is commonly believed that the lawyers should not interfere with the commercial aspect of the transaction. However, I would opine otherwise; since commercial considerations have major legal impact, it is crucial that lawyers carefully review the commercial understanding and advice the client as well as provide any alternative solution for the client.
Outside of your professional work, what hobbies or personal interests do you pursue, and how do they influence your approach to your legal practice?
I love travelling! I know it’s a cliché statement, but I consider myself a “traveller instead of tourist” while exploring a new place. My research skills are utilized prior to and while travelling, especially planning the travel. I plan the itinerary down to every intricate detail. I ensure I understand the local culture, interact with local people, and try out the local cuisine. I use travelling not only to unwind from my daily routine, but also the things I learn my travel helps me understand different people, including my clients and peers. I truly believe that to become a successful corporate lawyer and leader to your team, you not only need technical expertise but also need to have interpersonal as well as people-management skills.
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