Interviews

What an Engineering Mind Brings to the Legal World: Navigating Law in the U.S., EU & Beyond – Punit Gaur, Corporate Legal Advisor.

This interview has been published by Anshi Mudgal and The SuperLawyer Team

What inspired your shift from an engineering background to a career in law? How has your technical foundation influenced your legal practice, particularly in areas like technology contracts or regulatory compliance?

Since my B.tech college days I always believed in learning new things whenever possible.  So, I never considered it as a shift but saw it as upskilling myself through the field of law and with time utilizing my learning from both professional degrees to provide good quality services to my clients. Because of my tech foundation I built strong problem-solving skills, learned to look at something from multiple perspectives. Also, it helps me to bridge the legal and tech communication in a better manner. I am able to ask the right questions from clients to understand their requirements. This helps me to incorporate applicable clauses according to their situation.

For example, while working with an Australia based software company on a data privacy policy, I noticed they struggled to explain their backend structure in legal terms. Because of my engineering background, I could quickly grasp what their system actually did—how they stored, transferred, and processed user data. I translated that into GDPR-compliant language for their policy. It made the process smoother, faster, and more accurate.

In the early stages of your legal career, you worked with a range of national and international law firms. What were some formative experiences during this time that helped deepen your understanding of the law and shape your current practice?

Since my internship days, I got to work in so many different areas of law and I always excitedly said yes! On the litigation side I have worked on a range of cases like cheque dishonour, land acquisition, land compensation cases, high stake arbitrations, industrial disputes, commercial suits, easement cases against Highway authorities, criminal matters, etc. on the Indian side. Also, I worked on employment law cases, probate cases, and personal injury cases in the USA.

On the corporate law side I have worked on international M&A projects, due diligence work, real estate compliance in USA and India, SaaS contracts, etc.

The immense experience and learnings that I have received from everyone I have interacted with regarding my work is exceptional. Some taught me how to formulate arguments before district court and how to do it differently before high court, from international clients/firms I understood how legal expectations differ globally, building habit of listening more of what clients want to say to gain clarity and build structure of our thought before we I start working on any legal project. This becomes very important if you have to deliver something that aligns with the client’s purpose.

A good example that I can think of is about my recent project with a Florida based law firm for drafting employment handbooks. One key learning I took from that experience—and now apply in my own legal practice—is the importance of proactive legal layering. I began building handbooks with layered clauses—clearly identifying what applies universally, what’s state-specific, and where updates may be required as laws evolve. Now, whether I am drafting policies, contracts, or compliance documents, I adopt this layered structure. It not only ensures accuracy but helps clients easily understand and comply with their obligations based on where they operate. This approach also makes future updates more efficient and audit-readiness much stronger. 

You currently advise businesses across diverse jurisdictions, including the USA, EU, Singapore, and Australia. What are some of the key legal and regulatory differences you encounter, and how do you effectively manage the complexities of cross-border compliance?

Each jurisdiction has unique laws, cultural considerations, and enforcement mechanisms, requiring tailored strategies. Like in the US, employment is largely at-will but takes all kinds of discrimination very seriously and we have to add a detailed clause for it to cover all kinds of discrimination. 

In the EU, GDPR is one of the strictest data protection regimes and requires through check in client’s operations to decide whether GDPR applies or not and then draft data protection policy accordingly.

Singapore is known for its business-friendly environment but has strict anti-money laundering regulations.

It’s always something new that comes up so you have to stay updated with the laws of the country your client is operating in. For this, I stay connected with local legal experts so I get timely updates and advice if needed for a case. For cross-border legal compliance work, it is better to perform risk assessments to prioritize high risk areas like data privacy in EU, anti-corruption in USA, anti-money laundering law in Singapore etc.

What are some of the most common pitfalls legal professionals face when negotiating and drafting high-stakes agreements such as SaaS contracts, NDAs, and Master Service Agreements? What strategies do you use to mitigate these risks?

SaaS, NDA, MSA, are critical to business operations governing IP, service delivery, confidentiality, liability, etc. Errors can lead to financial losses, legal disputes, operations disruptions.

Pitfall 1: ambiguous terms. For example, not defining scope of services in MSA or not clarifying termination procedure. This can allow a party to avoid its obligations using the cover of ambiguous terms of contract.

Pitfall 2: neglecting jurisdiction specific regulations such as GDPR in SaaS contracts, minimum wages as per region to be considered before drafting employment contract, which may lead to hefty fines and an invalid contract in some jurisdictions.

Pitfall 3: not clarifying end goals/purpose of client for drafting this agreement. Client’s intention was to have an easy exit strategy but got stuck for years in litigation due to detailed and inflexible termination clauses. It is very important to understand a client’s business goals before you start drafting any legal document be it a petition or a MSA or any other contract.

Pitfall 4: inadequate risk allocation- liability for data breaches in SaaS contract, indemnification clauses in MSA, if not specified can expose parties to unforeseen liabilities and long running litigation cases.

Strategies to mitigate risks:

1.    Clarity in drafting- using clear, simple and concise language, define the key terms explicitly. I also use schedules and appendices for technical details for SaaS contracts and MSAs.

2.    Due diligence for regulatory compliance- a thorough due diligence before drafting any contract would be helpful in anticipating risks of non-compliance. Go through laws, rules, regulations, standing orders, or whatever is applicable for your scenario to avoid such risks.

3.    Draft practical terms: understand the client’s goals and incorporate clauses according to it. For example, in some situations it requires detailed procedure for termination and in some a brief clause would work, you have to use your experience and instincts combined with client’s goals.

4.    Balance risk allocation: use scenario planning to reduce probability of default by a party and anticipate risk like service failures and data breaches. Definitely have clear indemnification clauses applicable to the scenario. This can only be achieved when you get clarity on what are business goals and purpose to enter such agreements by client. 

Having incorporated over 10 businesses in the U.S., how do you ensure compliance with federal, state, and local regulations throughout the entity formation process?

Incorporating so many businesses in the USA has taught me that compliance with all 3 levels of regulations is critical. After I incorporated my first few companies, I prepared a checklist which I follow regularly.

First and foremost is to understand why the client wants to incorporate in a specific state. Whether it is easy taxation, simple compliance, less fees, quick turnaround, etc.

Second is to figure out which entity would be the best for the client. Whether an LLC or C-Corp or S-Corp. In some situations, clients are fixed on setting up a C-Corp when clearly it would be better for their business to be an LLC. Have a good discussion with the client so that you convey all relevant points and the client can make an informed decision.

Do your due diligence once you have answers to 1 and 2nd question. This is important to figure out all compliance documents you might require before incorporating a company. Sometimes business purposes require additional permits or zoning approvals which become relevant to get before you start operating your business.

Once we have answers to the above 3 questions then I get ready to focus on drafting documents required for the state of incorporation like Articles of incorporation, certificate of incorporation, BOIR (Beneficial ownership information report), EIN SS-4 form, etc.

Once these documents are ready, we file them before the state either online or by sending them physically through mail or fax.

Having dealt with various arbitration matters over the years, what do you believe are the advantages or disadvantages of arbitration to traditional court litigation and could you share one of the most interesting arbitrations matters you’ve dealt with?

In my experience, arbitration offers significant advantages over traditional litigation, especially in commercial disputes. It is faster, more private and allows parties to choose arbitrators with subject matter expertise, this is invaluable in technical or high value matters.

However, it has its own challenges. Cost can escalate with institutional arbitration; limited appeal rights mean poor awards can’t be easily challenged even if flawed. Another issue is cross border disputes, for example enforcement of a foreign award does become a legal battle of its own, which takes years to decide.

One of the interesting cases I have dealt with was an arbitration worth 9 cr between a govt institution and a company. The main issue raised by the company was that the govt contracts having unilateral arbitration clauses are invalid. However, after we submitted our evidence and read the arbitration clause along with

What advice would you give to young professionals aspiring to build a career in international law? Are there specific skills, habits, or resources you believe are crucial for staying current in such a dynamic field?

For someone like me who has been interested in international legal work since college days, I would recommend giving 2-3 hours daily to build a strong foundation of law and legal work for a jurisdiction you are interested to work in by focusing on research, reading civil/criminal codes, legal templates, etc. There are numerous opportunities in this field, once you start researching and reading more about different areas of law, try finding areas which intrigues you the most like employment law, data privacy, patent law, etc. and then figure out what kind of work is to be done there.

A lawyer interested in this field must build legal research skills, negotiation skills, strong hold on your focus law, have an open mind, problem solving nature, commercial awareness, be humble and adaptable to fast changing laws.

If someone is interested to work in this field then certain critical habits are also required like being globally minded i.e., having cultural sensitivity and adaptability to diverse perspective, ready for life long learnings, be comfortable to working odd hours since countries like US, Europe are like 9-12 hours behind so having a quick turnaround time in such odd hours do give you the edge of connecting with right people at right time specially to build trust across geographies, have high ethical standards and respect professional codes of conduct, learn to respect time because it is highly valued in international community. Just an addition though not necessary is to learn French or Spanish if you are interested, it does help if you plan for Europe.

Regarding resources, join international legal associations like IBA, ICC, YIAG, SIAC, etc. attend various virtual webinars for your topic of interest. You can also follow certain organizations WIPO, UNICTRAL, ILO, etc. because they have provided drafts of laws which most countries follow so there is uniformity and helps build your legal foundation which can be used globally.

Understand the role of AI but don’t rely on it completely to spoon feed you everything. It will reduce your credibility in the market. It is a friend if you use it right and might become your biggest competitor in the coming future.

All I can say is persevere and you will reach your goals to work with international clients and law firms.

 Working in a high-stakes, fast-paced legal environment can be demanding. How do you maintain your personal well-being, and what practices help you unwind and recharge outside of work?

What I can say is having mental clarity about working long hours regularly on odd times and being prepared for it. Consider it as your one-person company, you are working for yourself so define how many hours you are willing to work in a week for your company and be disciplined with it. Though there are days you feel low, drained or lost. So, it is important to have 1-2 persons with positive vibes around you. I meditate regularly (try Silva Method) and try to do at least 3-4 workouts with 1 day focusing on lower back and upper body posture, because you will be sitting for long hours and it definitely helps. Sit with your family, have at least 1 meal together with everyone. Once a week I go to a temple for my spiritual peace and support.

Other than that I like going on tour to different monuments in Delhi to learn its history and romanticize more with the city I belong to.

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