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

Having completed your law degree at Government Law College in Mumbai and your Juris Doctorate at the University of Arizona, how do you think the teaching methods at both universities differ? What steps did you take to prepare for your transition to the University of Arizona for your JD?
Esteemed faculty members at both the Universities provided an invaluable learning experience. However, their teaching methodology and philosophy differed significantly. While the education system in India often focuses on rote learning and memorization, the US education system tends to focus more on critical thinking, problem-solving, and creativity. More often than not, professors in India are generally seen as authority figures leaving little room for engaging in discussions in such a formal environment. In the US, the teacher-student relationship is more informal and collaborative, with students even addressing their professors on a first-name basis. The Socratic method of teaching is widely prevalent in the US which encourages critical thinking, dialogue, and the development of deeper understanding through questioning. Professors use open-ended questions to stimulate critical thinking, challenge assumptions, uncover contradictions, and deepen understanding. ‘Cold calling’ is a concept used by the US law school professors to randomly call on a particular student to answer questions or engage in a discussion pertaining to the reading assignment for that particular day. Although it was daunting at first, my experience was really enriching since it gave me a chance to put forward my thoughts and get constructive feedback. Transitioning to the US law school system was exciting as well as challenging. It was really helpful to understand the nature of the program, the classroom environment, the cultural nuances, academic expectations amongst several other factors. Speaking with other seniors tremendously alleviated my anxiety as they were super helpful in guiding me each step of the way.
Given your specialization in Intellectual Property Law and your thesis on ‘Deciphering Trademark Dilution – A Comparative Analysis of U.S. and Indian Law,’ can you share your key findings on the differences between the U.S. and Indian trademark law?
In my opinion, the most notable difference in the US and Indian trademark law is with respect to the concept of ‘fair use’. In India, fair use of a trademark is mainly limited to descriptive use, comparative advertising, and honest concurrent use. It is more restrictive when it comes to the scope of nominative use. To simplify Nominative fair use with an example, an auto repair shop may be able to advertise their services with an inclusion of famous automobile brands such as BMW or Audi under this concept. On the other hand, fair use is broader under US law, with provisions for nominative fair use, non-commercial use, and descriptive fair use. US law provides a clearer path for comparative advertising and non-commercial uses, like parody or commentary.
During your time at Krishna & Saurastri Associates LLP, you assisted foreign attorneys with trademark registrations in India and through the Madrid Protocol. What were some of the major challenges you faced in navigating both local and international trademark laws?
As a trademark attorney, it is pivotal to understand the precise needs of your client. Once that is accomplished, the next step is to identify and categorize the goods and/or services of the client accordingly. Under both, the Indian Trade Marks Act, 1999, as well as the Madrid Protocol, the classification of goods and services for trademark registration follows a system called the Nice Classification (also known as NCL), which categorizes goods and services into 45 classes. Applying for an international application under the Madrid Protocol requires a national trademark application or registration in your home country. This is known as the basic application or basic registration (in the case of India, the trademark must be registered with the Indian Trademark Registry). The World Intellectual Property Organization (WIPO) administers the Madrid application once filed. WIPO does not substantively examine the trademark but ensures that it complies with international standards. The challenging part is deciding on whether to stick with a national application or to opt for the international Madrid application. The Indian Trademark Registration system is ideal for businesses that plan to operate only within India. It is simpler, more cost-effective, and straightforward but limits protection to India. Whereas the Madrid Protocol offers a streamlined and cost-efficient way for businesses that intend to expand internationally to secure trademark protection in multiple countries. However, it requires a valid basic application or registration and involves procedural complexities for each country. Depending on the client’s business areas and their potential to expand internationally, I was able to advise them as to the pros and cons of each system which allowed them to make an informed decision.
At Family Housing Resources, you reviewed contracts to ensure compliance with affordable housing regulations. Could you describe the challenges you faced initially while ensuring compliance with local, state, and federal laws and how you navigated them?
At Family Housing Resources (FHR), I was able to contribute in a dual capacity. First, as a program manager for several state and federal programs including Rent and Mortgage assistance. Second, as an in-house counsel for advising and maintaining compliance with the local, state, and federal laws. Joining FHR right after completion of my Juris Doctorate marked a significant milestone in my career as this was my first full-time position in the US. Initially, my focus was oriented towards the research aspect of the affordable housing regulations. Gradually, I was able to acknowledge the differences between the different US states and systems. Once my research was complete, my next goal was to design and frame a robust system for FHR in order to provide safe, secure, and affordable housing to low- and middle-income individuals and families. Identifying the requisite subsidies and tax incentives, land acquisition and zoning laws, city and state building codes, and stakeholder engagement was quintessential. The final step in this process was working and collaborating with several NGOs and social enterprises that specialize in housing solutions for low-income groups. These organizations brought innovative and cost-effective housing designs or financing mechanisms. Being a complete fresher, this journey was enriching and equally challenging.
While working as a Summer Judicial Extern under Hon. Greg Sakall at the Pima County Superior Court, what key experiences helped shape your understanding of US family laws and influenced your career in international legal practice?
During the summer of 2019, I was fortunate to receive a judicial externship under the Hon. Greg Sakall of the Pima County Superior Court. Judge Sakall was the then-presiding judge of the Family Law division of the Pima County Superior Court. As judicial externs, we were able to observe Family Law hearings pertaining to Dissolution of Marriage, Child Support, Parenting Time, Spousal Maintenance, Orders of Protection, and attended Resolution Management Conferences. Each day, we researched relevant statutes and regulations, discussed and deliberated the factual and legal position of the cases listed or heard with the Judge and received his feedback. Toward the end of my externship, I was able to draft an Office Memorandum for the judge pertaining to ‘Third-Party Visitation with respect to children under A.R.S. § 25-409. These courtroom experiences bolstered my confidence and cemented my ambition of litigating cases. This externship provided a crucial insight into the US court system, how legal arguments are presented, and how the judges make decisions. Preparing daily bench memoranda immensely improved and honed my legal writing skills which helps me even today.
At Cruz & Associates, you handled Workers’ Compensation cases. Can you walk us through a particularly complex case you worked on, including how you managed the case, negotiated and navigated hearings before the Industrial Commission of Arizona?
After joining Cruz & Associates in April 2023, in their Workers’ Compensation department, I was able to start a new chapter of my life. This was my first law firm experience in the US, and it kickstarted my litigation journey. Workers’ Compensation in Arizona is a no-fault system wherein an employee/worker injured in the course of his employment is offered financial compensation and medical benefits. The aim of this system is to try to make the injured person whole by providing a remedy for workplace injuries. A notably challenging case at hand was of an elderly person who suffered a catastrophic spinal injury at work. The injury was of such a nature that our client was unable to continue working and was provided a permanent impairment rating during an independent medical evaluation with long-term work restrictions. However, even with such severe injuries the insurance company for the employer denied future care benefits under the pretext of a degenerative condition which resulted from old age. Our client was understandably distraught from this decision, and we were able to successfully challenge this stance before the Industrial Commission of Arizona (ICA). This was possible with a thorough investigation and due diligence of the client’s prior medical history and with the medical causation report authored by a neurosurgeon which pointed to the workplace injury aggravating his previous condition. Ever since the COVID pandemic, the ICA hearings were conducted virtually which facilitated ease of access to clients who relocated/migrated to different states in the US.
In your current role as an Associate Attorney at Phillips Law Group, you draft motions, pleadings, and handle depositions among other tasks. How do you find the legal procedures and practices in the U.S. differ from those in India, especially when dealing with personal injury cases?
While the legal procedures and practices in the United States and India share many commonalities due to their common law roots, they differ significantly in terms of court structures, procedural details, speed of proceedings, and access to justice. The U.S. system places a significant emphasis on jury trials and adversarial litigation, while India’s system is more judge-centric with a greater focus on written procedures. The US has a dual system of court system – Federal (for Federal matters) and State (for State matters). Each state has its own legal system and judicial infrastructure, although they all follow the basic principles of common law. A personal injury case typically falls under the State court’s jurisdiction, however, can be removed to Federal court if it fulfills the requisite criteria. Once a lawsuit is initiated by filing the complaint, the other side is served with a copy of the complaint and needs to file an answer within 30 days depending on the residential/incorporation status of the entity. Once an answer is filed, both the parties then engage in what is called a discovery process in which information is exchanged transparently, witnesses and documents are disclosed, depositions (formal interviews) are conducted of the involved parties. After the end of discovery phase, typically a mediation is set wherein both parties try to resolve the dispute out of court and attempt to reach a settlement. If no settlement ensues then the case proceeds to trial. The most unique part about a US trial is that the case is decided by the jury and not a judge. A jury of 6 to 12 US citizens decides the verdict based on facts of the case, while the judge instructs them on the law to be applied. I was able to be a co-chair for a trial back in September 2024 wherein I presented the opening statement and conducted examination of a damage witness. The experience was surreal and there were plenty of takeaways by the end of it.
How did your educational background in India influence your approach to practicing personal injury law in the U.S.? Additionally, how has passing the Uniform Bar Exam and qualifying to practice across multiple jurisdictions enhanced your practice and understanding of the Law?
Coming from a family of doctors, my family always embodied altruism through the medium of serving the community. After pursuing the Science stream in my high school years (11th and 12th), I followed my instinct and applied to GLC Mumbai. My ambition to pursue law stemmed from my mother, who had herself completed a law degree after getting married. She encouraged me to follow my passion and commit myself to the profession. During my time at GLC Mumbai, I was able to participate in several moot court competitions and model united nations (MUNs), each time fueling my passion and learning from every single experience. Starting my journey with Family Housing Resources (FHR), which was a local non-profit organization, couldn’t have been more apt. Transitioning from that, I was able to join Cruz & Associates in their Workers’ Compensation team. Being closely knitted with injury law, I realized that my ultimate destination was being able to contribute towards personal injury law.
Passing the Uniform Bar Exam (UBE) in October 2020 is one of my most memorable and cherished moments. I still remember those three months wherein my daily routine only consisted of studying for the bar apart from eating and sleeping. It was a life changing moment to pass the UBE with a high score sufficient to transfer and practice in all 41 UBE states. Graduating from an Arizona law school, it made the most sense to get licensed in that state and it has been a truly rewarding journey so far.
You enjoy soccer, cricket, and hiking in your free time. How do you manage a demanding legal career while maintaining a healthy work-life balance? How do these activities help you stay relaxed and motivated in your legal practice?
Maintaining a good work-life balance is pivotal in one’s life and is a priority for me. I have been really fortunate to be with Phillips Law Group who support this practice, which also aligns with our firm’s objectives. Studies have shown that when individuals have time to recharge, they return to work with a clearer mind and increased focus. A well-rested and emotionally balanced person is more productive, creative, and efficient at work. Soccer, cricket, and hiking are those activities for me which help me complete my 3 ‘R’s – Relax, Recharge, and Rejuvenate. Life outside of work is equally essential for personal growth and self-fulfillment. For me, legal profession is a marathon. If one does not take necessary breaks to complete their 3 ‘R’s then chances are pretty high that they might run out of energy to sustain a long-term career.
What advice would you give to young law students and professionals who aspire to build an international legal practice, similar to your own career journey?
Never, ever give up! When we take up law as a profession, this is a motto we should embody every step of the way. We may falter often at first, but everything is a learning process which is gradually building you into a seasoned lawyer. The journey of being a multi-jurisdictional attorney has been full of ups and downs. Fulfilling admission requirements, bearing tuition fees, overcoming language barriers and cultural nuances, navigating through visa challenges, preparing for the bar exam, are some of the most critical challenges a law student faces while studying in a foreign country. Nevertheless, there is always light at the end of the tunnel and your hard work will pay off eventually. If you aspire to pursue a foreign degree, start researching and preparing for every little step in the way. Try to ascertain the area of law you want to pursue and get the requisite experience before taking the next step of applying. Feel free to reach out to me via LinkedIn for more details and I will be happy to share my thoughts and experiences.
Get in touch with Ojas Patil, Esq. –
