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OPPORTUNITIES FOR
OPPORTUNITIES FORLAW
LAW
PROFESSIONALS IN INDIA
STUDENTS IN INDIA

A collaborative report by Sage University and iPleaders


on futuristic law careers
FOREWORDS
Law has emerged as a top career choice for today’s youth.
As a lawyer, you don’t only get an opportunity to have a re-
warding and fulfilling career, but also make can a difference to
the society at large and the nation.
We always get this question from law aspirants: what are the
most upcoming areas of law and how will Sage University train
the students to succeed in today’s legal world?
Sage University established its law college with a view to
carve niche in legal education. With a lot of enthusiasm and
zeal we have stepped in this domain.
In collaboration with iPleaders, we are proud to present
this book on some of the most happening careers in the legal
industry. We hope to contribute richly to the world of law and
the lives of our students in years to come.
As rightly said by our esteemed President, “Our legal system
is praised in the whole world”. It is a very proud moment for
SAGE to be a part of such great legacy.
Our every step will be towards creating legal experts in all
fields. The spirit with which we are working is to provide re-
search and practical training in our college. We will be contin-
uously working to give society the best legal experts who will
work towards enhancing the legal system of our country.
SAGE University will organise seminars, lectures, work-
shops and educational tours to prepare young minds to en-
ter into this competitive world. Initiatives are being taken to
provide “Legal Aid Camp” to enlighten and help the unaware
needy.

We have also set up a quality moot court facility to make our


students well acquainted with court procedure and techniques
before they step into the real world of Justice. This moot court
facility is one of its kind and is provided to give its students
best education.
SAGE University is much appreciated and loved in the coun-
try and we are all ready to perform beyond your expectations
in future too.
I hope this book will inspire and guide you towards success
in your legal career.

- Chancellor
Sage University

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MESSAGE FROM THE EDITOR

At iPleaders, we have long worked


to give access to quality information
to law aspirants and law students, fol-
lowed by training and development is
cutting edge legal work that opens up
new career avenues for them. We have
been supported by Sage University in
our work, and we have partnered to
train students of Sage University in
upcoming areas of law.
However, what are the upcoming areas of law? What kind
of jobs are available? Who are the prominent employers? What
kind of work do one have to do as a lawyer? Many such ques-
tions come to mind.
When we were law students, we had the same questions.
However, we got very few answers. When we got some an-
swers, they were often inaccurate, mythical, distant from reali-
ty, or just incomplete.
Through this book, we are trying to provide complete and
authentic information to law students and young people who
are planning to study law as to what awaits them if they pursue
law. It will perhaps help them to develop a vision for them-
selves, and pursue one of these very promising areas of law
vigorously.
Interestingly, these are chosen areas of law where we will
be training graduates of Sage University from iPleaders, so this
book is foundational to our work at Sage University.
I am proud to present this compilation in an e-book format
for the benefit of young law aspirants and law students. This
will also be very useful for young lawyers. If you like it, or have
any suggestions or updates, do write to me through this email
id: ramanuj@ipleaders.in. I will be very happy to hear from you.

- Ramanuj Mukherjee
CEO, iPleaders & LawSikho.com

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TABLE OF CONTENT

07 How is Law as a career in India?

10 There is a rich history of contribution by


lawyers to our country
12 Diverse career opportunities
14 What are the most common jobs for lawyers?
22 Career Opportunities for Technology Lawyers
34 Career Opportunities in Energy Law
45 Career Opportunities for Law Graduates in
Intellectual Property Law
52 Career opportunities in Transfer Pricing and
International Tax Laws
60 What Can You Expect to Be Paid?
61 Career Opportunities in Competition Law
66 Career opportunities in Media Law
72 Should you take a job in the compliance
team of a multinational company?
7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

HOW IS LAW AS A CAREER IN IN-


DIA?

When I decided to study law, back in 2005, and shared the


news with my father, he was very disappointed. He had a hard
time accepting that his son will be a lawyer. It was almost as if
he felt that I was throwing my life away.
I got similar reactions from my teachers too.
I was a good boy, did well in school. I was studying in the
science stream after 10th standard, and should attempt to be-
come a doctor. Or an engineer at least. Law was not an accept-
able option.
It took me many months of convincing my father and moth-
er to be able to study law.
From there, in 2018 when I am writing this, perception of
law as a career has completely changed. It is now considered a
very good option. Everyone has heard the stories that corpo-
rate lawyers can earn in crores. Litigators can earn even more.
Engineering used to be the big favourite of average Indian
parent. In recent years, engineering colleges are shutting down,
and some of them even turned into ghost towns due to lack of
students. Many MBA colleges have met the same fate, as jobs
are hard to come by after doing MBA or engineering. In this
context, law is becoming a favourite of many Indian parents.
Unlike before, parents have began to push their kids towards
studying law.
There are a lot of new legal career options opening up reg-
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

ularly, while the traditional work for lawyers have also stayed
strong and only increased in demand. Everyone is well aware
of the trend, but not quite about the details of where those op-
portunities are arising and how to capitalize on them.
As Indian economy continue to grow strongly, the demand
for skilled lawyers is only going up. However, at the same time,
it is a paradox that a large number of law graduates remain
unemployed or struggle to find work.
This can happen for two reasons. One is that these law
graduates are not adequately trained. Many of them have the-
oretical knowledge of law, but are not employable and cannot
serve real clients as they do not have practical skills.
This is why, choosing the right law school where the ad-
ministration has a vision and understanding of where the le-
gal market is headed is very important. Always check before
joining, does your preferred law school have a method in place
to provide practical training to the students? Are the students
graduating with jobs or are they able to find well paid work on
their own?
That is the critical question to ask and then it is even more
important find the right answer.
Most law schools will claim that they give practical training.
Most even have some name sake courses and classes where they
supposedly teach skills like contract drafting, petition drafting
etc. However, usually these classes are ineffective. They do not
have any proper faculty or material to teach such skills.
This is why, at iPleaders and LawSikho.com, we have been

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

helping many universities and law schools to provide this kind


of training to their students. These colleges and universities
acknowledge the problem, and seek outside help to address it.

Read this book, learn about the career opportunities that are
arising in new areas of legal work, such as media law, technol-
ogy and cyber law, transfer pricing, corporate litigation, energy
law, regulatory litigation and so on. See which ones appeal to
you. Then decide which one you want to focus on, and what
skills are necessary to succeed in that job.
Then you have to go ahead and actually build those skills.
That is hard work. There is no shortcut for that.
However, if you college also helps you in that, that is won-
derful. Otherwise, it is counter-productive to struggle on your
own as your valuable resources, time and money, goes into the
wrong direction as far as college in concerned.
To sum up, there are ample opportunities after studying
law to have a fantastic career. However, one has to be careful.
This is an applied area of work, not of theoretical knowledge.
You must develop your skills in practical legal work one way
or another.
Let us look at a few things about what makes law an excel-
lent career choice next.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

THERE IS A RICH HISTORY OF


CONTRIBUTION BY LAWYERS TO
OUR COUNTRY

In India, Law has always been considered a noble and re-


spectable profession. Although in recent times as getting justice
has become difficult, people have also began to resent lawyers,
it was not always like this. Our country is literally created and
shaped by lawyers, from people like Ambedkar, Gandhi, Nehru,
Patel or Rajendra Prasad during the freedom movement and
post independence, as well as today as many important political
leaders in all spectrums of politics being lawyers such as Arun
Jaitley, Ravi Shankar Prasad, Kapil Sibal, Salman Khurshid etc.
Even before Mahatma Gandhi, there were famous lawyers
like Madan Mohan Malviya, Dadabhai Naoroji, Motilal Nehru
and others who provided leadership to people of India. These
great lawyers not only practiced law but also made immense
contributions to the society at large.
Lawyers play an important role in democracy and keep
wheels of justice moving. Despite massive pendency in courts
and some lawyers mistreating their clients, lawyers are holding
the system together. For this, anybody in the legal profession
is treated with utmost respect and consideration by people in
power. The very fact that a person is a part of the legal system

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

makes the other members respect him.

Also, lawyers are often good orators, and masters at influ-


encing public opinion. They also understand the system so they
can work the system. Lawyers know how to speak the language
of authority, which puts them at a great advantage and puts
power in their hands. Which is why, in almost every country
in the world, lawyers play an important role in public life and
politics.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

DIVERSE CAREER OPPORTUNITIES

As long as there is a society, there will be a necessity for


lawyers. In every activity, there is some laws and regulations
involved. This presents lawyers with almost infinite choices
about what they can do.
Don’t like to go to court? No problem. Be a corporate law-
yer and you can be a great lawyer without ever having to see
the insides of a court.
Love sports or fashion and want to involved with these
glamorous industries, working for famous cricketers or tennis
players or fashion brands? Sure, why not. A lawyer could do
that.
There is mining law. There is environmental law. There is
oil & gas law practice. There are lawyers who work for NGOs.
There are lawyers in the United Nations or WTO. There is
even outer space law.
You could even be involved in legal marketing, education,
blogging, teaching, outsourcing, publishing, legal journalism -
anything is possible. If you study law you don’t have to nec-
essarily spend the rest of your life as a lawyer. You could be
anything and do anything.
Law does not limit your career options. I had no idea when
I joined law school that I am going to one day become a legal
entrepreneur. I thought I will like to be a diplomat one day. But
no, my legal education did not limit my choices. As I developed
as a person, as my taste matured and I knew myself better, I
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

had a choice to decide if I want to be a corporate lawyer or an


entrepreneur working on legal education.
Would that be the same had I decided to study mechanical
engineering? Or mass communication? Law, as education, is
unique in that way.
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

WHAT ARE THE MOST COMMON


JOBS FOR LAWYERS?

• Litigator
A lawyer who engages in litigation is called a litigator. They
are the typical lawyers you see on TV and movies. They go to
court, argue cases before judges or tribunals.
Do not let the black and white fool you, this is an excit-
ing and thrilling profession. You have to work a lot, preparing
for cases late into every night, and spend the day travelling
from courtroom to courtroom, but litigators can make insane
amount of money. It is not unheard of litigators who earn hun-
dreds of crores in a single year if they are one of the famous
senior advocates.
To reach that stage, however, it takes decades. Nonethe-
less, younger lawyers can also earn a lot within a few years
of practice if they know their work well. I know many of my
batchmates who earn several lakhs a month by doing litigation,
and they reached such a stage within 3-4 years of beginning
practice. I know of lawyers who live in small districts but are
well known in their area of work and tend to earn several lakhs
per month.
The downside is that when you begin litigation by appren-
ticing with a lawyer, they will pay very less. Maybe 10-15,000
per month despite back breaking work. Only when you learn
enough to work on your own independently and manage to

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

find your own clients that you begin to earn well.

However, a vast majority of litigators are not sufficiently


skillful, and earn a pittance. They even resort to cheating their
clients to earn quick bucks. These lawyers have given the legal
profession a bad name.
The work is thrilling because you get the immediate taste of
victory or defeat. If you start getting good orders, your reputa-
tion spreads fast.

• In-house counsel
These days companies have a lot of legal work. Hiring out-
side counsels all the time for all the work is too expensive.
Hence, all companies which are sufficiently big, employ an in
house legal team. The size of such a team can be anywhere be-
tween just one lawyer to hundreds of lawyers.
The lawyers who work in these in-house teams typically
have to spend a lot of time everyday advising their business
teams, draft contracts, manage the litigations or legal proceed-
ings of the company.
Those with previous litigation experience often get into in-
house positions in order to get a better work life balance, as
well as secure salary as opposed to uncertainty of litigation and
the hardship faced until one becomes a well known lawyer.
Many corporate lawyers working in law firms also do the
same. It is rather rare for companies to hire freshers. Remem-
ber that majority of companies hire only experienced lawyers.
However, many of them hire freshers too.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

• Corporate Law Firm Jobs


This is a very popular choice. Corporate law firms, especial-
ly the big ones, pay amazing starting salaries. However, This
career is not known for work life balance. Only extreme work-
aholics manage to stay in this industry long term. Attrition is
very high in corporate law firms.
Partners in big law firms can earn in crores. It can take be-
tween 8-15 years to make a partner in a big law firm. It is not
a matter of time though, only those lawyers who are able to
generate enough business in their name, or contribute in some
other major way to the firm are made partners to retain them.
Many people think they will love to work in law firms, but
then cannot cope with the demanding nature of the job, high
pressure, and shouting bosses which is quite common in law
firms.

• Legal Process Outsourcing


Just like there are BPOs, there are also LPOs. These LPOs
hire a lot of lawyers, even those with relatively little skills. They
pay less, compared to law firms or companies, but one could
easily earn upto INR 25,000. It could go upto even INR 50-
60,000, in case of reputed LPOs.
Many lawyers think that working for an LPO is a stigma.
It is not like that. It is absolutely a fantastic choice of work. It
offers work life balance, you get to see regimented, professional
work environment, which lawyers can benefit a lot from learn-
ing. Also, if you have educational loan or such other burdens,
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

and an immediate concern for earning enough, it is much bet-


ter to work in an LPO rather than going for litigation when
you are not getting a job in a well paying law firm or company.

LPO industry is quietly growing in India, and there is a lot


of scope for future growth in India too.
However, it is important to understand that if you want to
shift to a company or a law firm later, or even litigation, your
years spent at LPO will not count. You will probably be treated
at per with a fresher.

• Compliance Jobs
Did someone tell you to do CS, and that it has a lot of
scope? They were talking about a compliance job. Lawyers are
preferred in compliance jobs, doing CS is not really necessary
for that either. However, having CS qualification on top law
LLB degree can help.
Compliance jobs are different from In-House Counsel jobs,
although in both cases you work for a company. In compliance,
you are more concerned about complying with certain laws,
and not with the entire spectrum of legal work.
Just like in LPOs, you make less money in compliance jobs,
and promotions are harder to come by. This is not the most
lucrative, but there are a lot of such jobs available in the mar-
ket, and you could get paid upwards of INR 50,000 right at the
beginning.

• Judge

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

Being a judge is a top choice for many lawyers. Not only is it


a government job with secure salary, facilities such as quarters,
cars and support stuff, it also considered prestigious.
It is also a very important job. Where else do you get such
power over other people? Also, you get to do justice.
It goes without saying that Indian judiciary is alleged to be
getting corrupted, and many want to work as a judge because
they know they can earn a lot of money. Otherwise, while
judges get a reasonable salary, lawyers definitely earn more
than the judges they appear before.
Also, judges in the lower judiciary are regularly transferred
to rural districts and postings at difficult to access places. This
is also a serious issue to consider if you do not like to live in
villages.
For me, though, it will be huge park to be able to go and
live in nice houses in distant districts. However, it is not every-
body’s cup of tea.
It is possible to get elevated to High Courts also, though it
is quite rare.

• Arbitrator or mediator
As you become more senior in profession, one option is to
work as arbitrator or mediator. Working as an arbitrator is a
great job, where parties or arbitration institutes appoint you to
hear their cases. In case you are a mediator, you help parties
in dispute to set aside their differences and come to a mutually
agreeable solution.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

Many practicing lawyers also work as arbitrator or media-


tor on the side.

• Government law officers

Government hires a lot of law officers in various govern-


ment departments, regulatory authorities, PSUs and ministries.
These are good jobs, comparably less demanding. Sometimes
candidates are selected through competitive tests, or their
CLAT rank etc.

• Armed forces
Army, navy and air force, all of them hire lawyers. Salary is
quite attractive. Many law students are attracted to the idea of
working for an uniformed service. Army officers are well taken
care of, and it is definitely a good job option.

• Civil Services
Many lawyers crack civil services exams and prefer to work
in the civil services such as IAS, IPS, IFS etc. Every year several
lawyers make the cut into this prestigious and highly sought
after career.

• Legal Academia

Legal academia is also a very attractive option for those who


want to research, or like to teach. Salary is more than comfort-
able, and it is possible to rise up the ranks in the academia. It

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

is also possible to get many scholarships to study abroad for


PhD and other post doctoral research opportunities if you are
a law professor. Many law professors who are well known in
their area of work live an enviable lifestyle, flying from one
conference to another, invited to give lectures and present their
research.

They can also earn substantial amounts from books they


write and publish or even by consulting private organizations
or the government in sensitive issues.

• Legal bloggers and journalists

This is of course not a mainstream career, but there are


many legal journalists. All newspapers and TV channels are
carrying a lot of legal news, and they need lawyers who can
understand and interpret the law to serve the news accurately.
Now there are also a lot of legal bloggers who earn hand-
some amounts through content writing, blogging, youtube
channels etc.

• International organizations and non-govern-


ment sector
There are those lawyers who prefer to work for making a
difference in the world. They can work for organizations like
United Nations, WTO, UNICEF etc.
Many NGOs also hire lawyers regularly. Some of them work
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

for NGOs that work to provide legal aid or legal assistance to


poor or politically oppressed people. This can be a very satis-
fying career.

(Contributed by: Ramanuj Mukherjee)


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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

CAREER OPPORTUNITIES FOR


TECHNOLOGY LAWYERS

Technology law is probably the most attractive area of prac-


tice for lawyers and techies of tomorrow. Technology is chang-
ing the world. The largest companies in the world today are
tech companies.
Naturally, opportunities for lawyers and other professionals
are drastically increasing in this sector. Cash-flush technology
companies offer better packages, perks and work environment.
Compared to stagnant manufacturing or services industry,
technology companies are both better clients and better em-
ployers.
Mix with that the thrill of working on things that are chang-
ing the world before our eyes, from Artificial Intelligence to
Smart Contracts. Who does not want to work on these things?
Cryptocurrencies have created hundreds of new billionaires
in the last three years. Fortunes were made and lost on cryp-
to exchanges, and hundreds of millions are still getting stolen
from crypto wallets.
The government in every country is grappling with issues
and policies to deal with these new generation businesses. New
and exciting laws and policies are being created every day
around the world that keep tech lawyers busy.
From net neutrality to data protection, technology law is
undoubtedly the most happening legal sector today, and every

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

lawyer dreams of being a part of this action.

With the technological advancement, laws and contracts


have become more complicated. Sometimes you not only need
to know the prevalent laws in India but comply with laws
across the globe.
This is also happening because technology businesses eas-
ily enter new geographies, sometimes without even having to
set up offices in another country. As a tech lawyer, it is often
not enough to know the laws of the country where you oper-
ate, but understand the global legal framework around issues
like data protection, cloud contracts, cross-border tech-enabled
crime, technology contracts, content restrictions, international
transactions, breach of cyber security and emerging govern-
ment policies.
Many of the exciting startups are technology-based and
massively rely on technological advancements. Every known
industry like media and press, telecom, FMCG, food, retail,
farming, defence, education and anything else you can imagine
is being or is about to be disrupted by technology companies.
Companies which fail to embrace new technologies are be-
ing assigned to the dustbin, as seen from the epic downfalls
of companies like Kodak and Xerox which used to be mighty
empires that fell due to lack of focus on technology.
In the times where everything is going digital, there are
innumerable laws and regulations that govern everything from
operations, contracts, and transactions. Companies are increas-
ingly in desperate need of professionals who understand these

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

laws and regulations, and even the government policies behind


them, so that they can protect their significant business inter-
ests and extract maximum advantage in the marketplace.

Amidst the data privacy issues, cyber threats, increasing fin-


tech and transparencies, you need to be able to keep up with
technology and laws. You need to be one step ahead of the
curve.

Should I invest time, money and energy into learning


technology law?

If you are a law student or a young lawyer looking for an


area to specialise in, technology law is probably a very wise
choice.
If you are a techie, technology manager or founder who is
thinking of investing in understanding the rules that define this
game, then you are making a very wise choice too.
This investment is likely to pay very rich dividends over the
years in your life as the technology frontier is pushed further
and more value is generated by the tech industry to support a
global population of over 7 billion people and growing.
However, how can you develop a deep understanding of
technology laws, contracts, regulations and fast developing gov-
ernment policies? Reading the sections and case laws is grossly
inadequate, and anyway, that’s something you could google at
a moments notice.

So what should you learn to become an outstanding


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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

technology lawyer or a shrewd strategist as a techie or


founder?

You need to know how to identify the possible vulnerabil-


ities in your client’s business model and dealings. You need to
be able to strategize and structure deals to create safeguards
against those vulnerabilities. You also need to be able to foresee
the potential threats and risks.
You’ll need to draft technology contracts like Software Li-
cense and Assignment Agreements, IT Services Agreements,
Cloud Services Agreement, Content Licensing Agreements,
terms and conditions for platforms, e-commerce vendor agree-
ments etc.
You need to be able to review the contracts and negotiate
the best deal for your clients. You need to be aware of regu-
lations developing around the world, and predict how things
may shape up in India and other key markets of your company.
You need to know what to ask and what to give up during a
negotiation. You need to know to learn about risk management
and introduce best practices in your organisation or client’s
business.
You need to develop astute thinking and understanding
around technology and law. Rather than knowing sections, you
need to understand how business is done, what are various in-
terests at loggerheads, and how the law can be used to win the
day or protect your skin.

What are the essential skills for a technology lawyer?


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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

While the skill set for specialised lawyers may vary based on
their industry, there remain certain essentials which cannot be
amiss in a technology lawyer.
For the employers, it is cost-efficient to hire a technology
lawyer who is already competent in technology, rather than
training them on the job.
The specialised skill sets are much easier to acquire than it
seems. If you are aiming for a good package and role, it is far
better to acquire these skills before you start working and in
the 2nd best case, you must work on them while you are work-
ing as a tech lawyer to progress faster in career.
You need the practical skills like technology related contract
drafting, risk assessment, risk management, strategising, poli-
cy-making and implementation, negotiation and last but not
the least, ability to speak in the language of your clients i.e.
techies!
If you can’t explain complex laws to them simply in their
language, you will find it difficult to progress in tech law.

• Knowledge of emerging technologies


Although a technical degree is not a requirement, there
needs to familiarity with the technological advancements.
You don’t need to be a techie to be a technology lawyer, but
you must be able to understand the mechanisms, parlance and
terminology of the technology world.
For a technology lawyer these terms hold much significant

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

value when they converge with law. For instance, in a clarifica-


tion to Section 31D of the Copyright Act, 1957, Department of
Industrial Policy and Promotion (DIPP) clarified that the term
‘broadcasting’ shall include internet broadcasting as well, it cre-
ated confusion as to which companies fall under the purview
of ‘internet companies’.
This raised questions like whether streaming applications
like Gaana and Saavn are essentially internet-enabled compa-
nies or internet companies? A technology lawyer would need
to understand the mechanism of streaming music as well as its
definition in the light of internet company.
Also, these days many a law firms and companies want to
create a virtual version of their organisation through cloud
computing and knowledge management systems.
There are even Decentralized Automated Organizations
(DAO) which would be implemented across many sectors.
There are areas like e-discovery, automated documentation
processes, usage of artificial intelligence to make routine deci-
sions. These process altogether save valuable time and thereby
costs for the organisation.
The technology lawyers competent in such operations are
high in demand in companies that deal with these technologies.
Apart from knowing the law, you must understand what the
technology does and sometimes even how it does whatever it
does.
A tech lawyer need to stay in touch with emerging areas of
technology because very often that is where legal and policy

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

issues and disputes arise. Legal and policy issues are arising in
India right now in domains such as drone licensing and civilian
use of drones, cryptocurrency, big data collection and stor-
age, space and defence technology, cloud computing, emerging
e-commerce practices, payment gateway debacles, cyber secu-
rity, net neutrality, biotechnology etc.
If you do not understand the underlying technology, how
things are being done and where it is all headed, practicing
technology law is very difficult only by knowing legal provi-
sions.

• Technology Contract Drafting & Negotiation


Contract drafting is one of the most quintessential skills for
any lawyer. The art of drafting contracts which safeguard the
client’s interests and provides for a more comprehensive layout
of dealings is an inherent part of the job for lawyers.
For a technology lawyer, this skill has to be taken a step
further.
These lawyers need to know about contracts which are more
relevant to tech companies on a daily basis such as Standard
Distributor Licensing Agreement, Cloud Computing Agree-
ment, Outsourcing Agreement, Software Licensing Agreement,
etc. Even with respect to more commonplace agreements such
as NDAs, non-compete agreements, employment agreements,
investment agreements, vendor agreements etc., you need to
learn to draft improvised versions that are more suited to tech-
nology industry.
There are things you need to do beyond obvious drafting
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

and negotiation work too, which is strategizing deals. Imagine,


what would happen if your counterparty finds out that you
are using someone else’s patented technology in the middle of
negotiating a deal.
There cannot be any worse timing than this to lose leverage
in a negotiation. To avert any infringement and thereby costs
to the company, you need to apply for necessary permissions
and licensing, and get the paperwork right in time!
The technology lawyers are present throughout the way,
right from the launch of the product, to getting the necessary
licenses and permissions, to managing the intellectual property
portfolio and disputes arising out various contracts. They need
to negotiate and draft the best possible deal for their compa-
nies.
If you do not know how certain contracts are drafted or best
practices in the industry, it will be a significant disadvantage.

• Managing the IP Portfolio


The primary product of any technology-based company or
client is their intellectual property.
There are product companies and services companies. Prod-
uct companies develop technology which is usually their core
product, and must protect their proprietary technology from
getting copied. Sometimes this means getting patent protec-
tion, and at other times simply ensuring that non-patentable
proprietary technology is not leaked to competitors or exploit-
ed by ex-employees.
Think of the ‘slide to unlock’ technology on your smart-
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

phones. Apple and Samsung got into the smartphones patent


wars by filing about 50 lawsuits for various patents, trade-
marks infringement, around the world and claiming billions of
dollars between them!
Service companies on the other hand, develop technology
for other companies. The terms of the services contract define
whether they retain any rights on the technology developed by
them or not.
The noteworthy thing about technology is that more than
one party could be working on the same technology, at the
same time. If the intellectual property if your client is not ad-
equately protected or it overlaps with existing technology, the
lawyers have to ensure that the damage is mitigated while pro-
tecting their client’s interests.
As a technology lawyer, you have to manage the IP portfolio
more diligently than your counterparts as the existence of your
company may depend on preventing others from copying or
replicating the technology!
In media related technology companies, the IP battle may be
to stop your content being pirated on the world wide web. To
do this successfully over a period of time, tech lawyers have to
introduce company-wide policies and implement them in time.
They have to educate the various departments and manage-
ment regarding the risks and help them mitigate the foreseea-
ble risks and costs.
They need to apply for the necessary trademark, patents,
copyright registrations and enter into trade secret and non dis-
closure agreements where necessary. In case of an overlap of
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

technology, it has to be mitigated by procuring third-party li-


censes, or finding flaws in the oppositions filed against them.
The IP portfolio management is one of the critical functions of
a technology lawyer.

• Risk Assessment & Management


A good lawyer has to have forethought about possible risks.
There is no point in digging up a well when there is fire; it has
to be done beforehand. There are risks in every business across
industries. However, a lawyer has to ensure that they don’t
come back to bite you.
From this perspective, it is important to know the history
of an industry, and even correlate what happened in other tech
industries and be able to predict the way things may shape
up for your client. One has to have a grasp of evolving gov-
ernment policies, judicial developments as well be keyed into
technological developments.
Sometimes risk management is a simple matter of doing a
prior art search, and at other times it is all about advising the
CEO about where the next regulatory roadblock may come
from.

• Policy Making & Implementation


It is not enough to merely assess the risks and potential
complications. There has to be a system or policy to ensure
such risks are averted in a systematic manner.
The lawyers while ascertaining the risks have to come up

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

with systems that help the organisation to manage their risks


and adhere to necessary compliances. For instance, the privacy
policy on any website like say Google, is to increase transpar-
ency and minimise their intermediary liability.
If you are a media platform, you may want to ensure that
you are counted as an intermediary – and certain steps may
have to be taken so that you are not hit by unforeseen copy-
right claims or getting sued for violating child porn laws due
to users misusing your platform. If someone wants to complain
about copyright violation to your platform, is there an effective
way to do so? The lawyer may have to ensure that even though
that’s not strictly legal work, but falls well within definition of
policy making and implementation. Tech lawyers frequently
need to take care of such things.
But policy-making itself doesn’t ensure its effective imple-
mentation. Even the best of policies, if improperly executed
lead to a bigger mess. Just look at Aadhar unique id. In spite of
having the government, technology and plan on their side, the
callous manner of implementation of said policy led to multiple
lawsuits!

• Litigation and dispute resolution in tech


Tech litigation is on the rise along with global growth of
tech industry, as well as increasing complexity and regulation
of this sector in every corner of the planet. From IP disputes
to co-founder conflicts, from data theft to class action suits for
malpractice, tech litigation is never as hot as it is now.
We can only predict that this will continue to increase. Spe-
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

cialized tech litigators stand to make the most money as high


profile and high stake tech battles reach arbitration chambers
and courtrooms with increasing frequency.

The biggest challenge for the technology lawyers in litiga-


tion, is usually explaining the technology to the judges or arbi-
trators with no technology background. The skill of communi-
cating the dense and complex technical manner in the simplest
manner in order to convince the judges is much desired. It
requires highly strategic thinking and personal grasp of the
subject matter.
Imagine explaining complex algorithms that determine
logistical efficiency in food delivery by drones, robots built us-
ing nanotechnology or cryptocurrency regulations to a judge.
This is the challenging task for tech litigators often get paid in
millions.
One thing is sure beyond any doubt; there are new grounds
to break for technology lawyers with the passage of time. We
now have a lot of technology that used to be unthinkable a dec-
ade back. Who knows what kind technology will be imagined
and realised next? We can, however, not imagine a technology
space without tech lawyers making the wheels roll.
So buckle up technology lawyers of the future! This is a very
exciting and profitable time to become a tech lawyer.
(Contributed by: Ramanuj Mukherjee)

l l l

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

CAREER OPPORTUNITIES IN EN-


ERGY LAW

Energy law is a little new to all of us. Most of us do not have


much idea as to what one can do if one specializes in energy
law. Is it a good idea to choose a career in energy laws at this
point? Well, let us give you all the information you need to
make your decision.

General outlook on Energy Laws as a career avenue


It goes without saying that energy sector now holds the key
to human civilization. Growth is only possible beyond current
levels if we learn to harness greater amount of energy. Along
with the damage that fossil fuel is doing to the world, which
makes it costly for every living being but especially hazardous
for certain countries, people and organizations, the tremendous
hunger for more energy across the world means that the energy
sector is set to experience trailblazing growth in years to come.
It is often said that India’s growth story is linked to the for-
tunes of the energy sector. Energy consumption in India has
grown at a compound annual growth rate of about 6% dur-
ing the last decade. BP Energy Outlook 2035 expects India to
achieve the fastest energy consumption growth among all major
economies in the coming decades. The total energy consump-
tion is expected to grow by 128% by 2035. Demand for gas is
expected to expand by 155%, followed by coal (121%) and oil
(118%), while demand for renewables, nuclear and hydro are
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

estimated to rise by 656%, 334%, and 99%, respectively.

As the number of power projects for generation, efficient


distribution, pricing etc. are growing, so are the complications
related to their finance, compliances, viability, contractual dis-
putes, litigation. One key driver of legal work in this is regula-
tory litigation as we see government relinquishing more pow-
ers to tribunals headed by technocrats who hear both sides
before making major decisions that can make or break for-
tunes, increasing importance of lawyers and legal researchers
in the sector.
Also, this is an unique sector that requires special skills and
abilities, and not lawyers of all hues and colours can simply
pick up an electricity or oil and gas matter. Energy laws is
strictly the domain of specialized professionals.
I would go out on a limb here, and say that on basis of these
above factors, energy law is one of the top 3 career choices
for lawyers at the moment as far as legal profession in India is
concerned, and especially for those who want a desk job. The
number of jobs opening up in this sector will be difficult to
match in years to come, by any other sector, by a long shot.

Where do these career opportunities exist in energy


sector?
I went ahead and did some research. I spoke to a bunch
of energy lawyers and figured out the brightest opportunities
which have sufficient size to provide employment to enough
lawyers and managers.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

So what are the best possible jobs lawyers specializing in


energy laws could bag? Here you go.

Regulatory Litigation – Electricity laws


This has emerged as one of the best paying jobs possible for
any lawyer. While regulatory litigation in the general is very
lucrative, it is especially so in case of electricity lawyers. It is
however notoriously difficult if you do not have a knack for
technical things that may require some number crunching. At
least 3 good lawyers I know attempted electricity law litigation
and advisory and quit in under 6 months. It is tough. It is an
expertise which is very hard to come by at the moment, so it
is very well paid. Initially it was mainstay of a few boutique
law firms, but now all of the big law firms have woken up the
the possibility in regulatory litigation generally and have been
hiring partners who can run their electricity litigation practice.
There are also senior advocates of the Supreme Court and High
Courts who focus on this sort of litigation. There is still a lot of
opportunity for young lawyers to make a mark here – either by
working with a law firm or straightaway starting a law practice.

Power Projects – finance and compliances (Projects


practice)
Lawyers who work on finance and compliances related to
power projects are popularly called project lawyers and every
big law firm worth its salt has a huge projects tea. Back in
2011-12, when I was working at Trilegal, by a coarse estimate
I can say one third of all lawyers employed by Trilegal at that
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

time were project lawyers. There are huge project teams in


SAM, CAM, Luthra (one of the early success in this domain),
JSA and all the others. Most of them have specialized practice
groups inside the project practice which exclusively handled
electricity practice.

Until now, junior lawyers rarely come with any experience,


skill or knowledge of electricity law or anything about power
industry for that matter. However, if you could show you do
indeed have specialized knowledge or skill, a world of opportu-
nities await you as you will be considered a prize junior.
What would you be doing in this role? You are likely to find
yourself advising clients in building and operating major power
projects and securing production and distribution business. You
will have to understand and be aware of the risks and opportu-
nities arising at every stage from conception to drawdown and
from production to consumption. You will have to negotiate
and draft the project documents, including Concession Agree-
ments, EPC Contracts, O&M Contracts and financing and se-
curity documentation, Power Purchase Agreements, Fuel Sup-
ply Agreements, Land Agreements, Construction Agreements,
Production Contracts, Implementation Agreement, and BOOT
projects. You will be drafting Shareholders Agreement and oth-
er Risk Management Documentation and might be advising
clients like National Thermal Power Corporation, Power Grid
Corporation Of India Ltd., Tata Power, Reliance Projects etc.
on the financial and energy regulatory and litigation aspects of
their business.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

In the electricity sector, project lawyers may act for state


owned, public and privatized power generation, transmission
and distribution companies. Increasingly, a specialized band of
lawyers are advising clients on issues relating to renewable en-
ergy including solar energy and wind energy. You will have
to advise your clients on tax, loan, insurance and guarantee,
counter-guarantee documents, joint venture, joint operation
and maintenance agreements, opportunity exploration memo-
randum of understanding and related agreements.
A smaller but very critical part of this is to take care of regu-
latory and environmental compliance related to power and en-
ergy projects, for which companies usually hire in-house teams.
Big power corporations are increasingly setting up larger and
larger legal teams.

• Energy Policy Advisory


Public interest in the energy sector is really heavy, and that
attracts a lot of government interest. Power sector, from power
generation, transmission, distribution, to retailing – is highly
regulated and there is a lot of policy interference from the state
of central governments. As investors and lenders pour in large
sums into these companies, they need their top executives as
well as decision makers at every level to be aware of govern-
ment policies, develop an understanding of where future policy
making might be headed and ensure effective representations
to the authorities that make these policies as well as those who
implement them, failing which running a power business may

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

prove very costly.

Naturally, the need of the hour are clued-in, experienced


policy professional with the right links in the industry as well
as the bureaucracy who may also have the ears of politicians.
These professionals play a major role in bringing efficiency to
India’s energy sector, and have helped the government in the
past to come up with the right policies that help the consumers
as well as fosters entrepreneurship and innovation in the pow-
er sector. Sometimes, it is not just the private parties that hire
policy specialists, in the past the government has engaged their
services many a times.
Hence, you can definitely say that these policy professionals
play a very important role in the energy sector. In the process,
policy experts tend to earn really good money.
While several law firms have senior partners who can play
this role, increasingly clients are turning to specialized policy
practices or policy advisory firms.

• Oil and Gas Contracts


Oil may be on its way out, but there is gas and then there is
fracking and definitely the era of fossil fuels is not getting over
in our generation or probably not even the next. And the point
is that lawyers who deal with oil and gas contracts make a for-
tune. This is again a area for specialized professionals. Please
don’t indulge into the idea that while you are having your nice
civil law or real estate law practice, on the side you can do an
oil and gas matter on the side. It is something that takes dedi-

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

cation and a specialized knowledge of the oil and gas industry.

Oil and gas account for 41 percent of India’s energy con-


sumption. The government has permitted 100 percent FDI in
almost all areas of oil and gas sector that includes exploration
and production (E&P), oil marketing, refining, and oil product
pipelines.
Oil and gas contracts practices of major law firms will usu-
ally be devoted to providing clients with advice, representation,
negotiation, and drafting concerning a wide variety of agree-
ments for oil and gas exploration, acquisition, and production.
A key part of oil and gas contracts is identifying the matters
that are of the most significance to your clients so that you can
seek to achieve those goals. In addition to price issues, often
there are many critical matters that must be understood, such
as on-time performance and allocation of risk for unknown
matters, which are usually bitterly negotiated. Typically, other
important terms concern risk allocation, defining the rights
and obligations of parties to ongoing contractual matters (such
as joint ventures), identifying special rights that may arise in
certain circumstances (such as a failure to make capital contri-
butions or achieving earn-in), and matters that require precise
definition (such as the acceptable deductions in a net profits
interest calculation). This is where good negotiation skills, ex-
perience in past deal, knowledge of the industry and regula-
tions come real handy, and good lawyers are highly rewarded
simply because the stakes involved are usually massive.
Many oil and gas contracts include ongoing relationships

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

between parties, such as joint ventures, earn-in agreements,


and master service agreements. Your role as oil and gas con-
tract attorney in these situations will be to identify potential
legal risks and neutralize them. You might also have a role to
play in full blown disputes over such contracts.

Oil and gas contracts lawyers will have to draft and assist
their clients in negotiating exploration and Production Sharing
Agreements, Gas Transmission Agreements, Farm-in/ farm-out
Agreements, LNG Supply Agreement, Pipeline Transportation
Contracts, Power Purchase Contracts, Fuel Supply Agreements,
Shipping and Bulk Carriage Contracts, Contracts for the Pur-
chase and Leasing of Rigs and other drilling equipments, Nat-
ural Gas Gathering and Processing Agreements, Leasing agree-
ments for mines etc. They advise their clients routinely on
development, transfer and termination of agreements, taxation,
and private participation in government contracts.

• Oil and Gas Projects – finance and compliances


Apart from drafting oil and gas contracts, another major
area of work for lawyers are oil and gas projects which re-
quire some special knowledge and skills. These lawyers have to
handle oil and gas transactions from upstream to downstream,
including pipelines, liquefied natural gas (LNG), distribution
networks, trading and petrochemicals. They may work on de-
velopment, mergers and acquisitions, joint ventures, privatiza-
tions, finance, tax, environmental or litigation work related to
oil and gas transactions.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

In light of a lot of FDI coming into this sector, they also


advice foreign oil and gas companies on establishing whol-
ly owned subsidiary in India or investing in Indian oil and
gas companies. Usual clients include public and private sector
companies as well as foreign companies.

• Renewable Energy
There is no doubt that the maximum growth is definitely
happening in this sector. Although the famous cleantech bubble
has popped, taking down a host of renewable energy compa-
nies with it, it has survived and gained momentum since then.
In any case, the work of lawyers have drastically increased
over the years and there are really few who can claim any
expertise in this field. As usual, most of the work in this sec-
tor involve either finance and compliances related to projects,
ranging from solar to offshore wind energy units, or contracts.
Currently, electricity lawyers handle a big chunk of renewable
energy matters, especially due to lack of trained lawyers in this
area, but clearly in times to come specialized lawyers will be
preferred if they are available.

• Nuclear Energy
Just like renewable energy, atomic energy or nuclear en-
ergy is also a growing sector. Interestingly, the lawyers who
practice in this area are a distinct bunch from other energy
sector lawyers. Again, a highly specialized practice area that is
expected to grow rapidly. Apart from the usual finance, com-

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

pliance and contracts work, another major angle here is waste


disposal since nuclear plant waste is deadly and very hazard-
ous. Appointing lawyers or those with sufficient knowledge of
laws and regulations to ensure safety and compliances, apart
from drawing up appropriate safeguards and internal policy is
industry standard.

• Consumer disputes over electricity supply


This is a great opportunity in big cities as consumer disputes
involving electricity is very common. Consumers, both indi-
viduals and large organizations with substantial legal budget,
complain of inflated bills, faulty power supply or equipment,
illegal disconnection, harassment by employees or agents who
collect bills etc. and often have to move to court to get justice.
As numbers of these cases grow, indeed litigators could devel-
op a strategy to attract these consumer matters if it suits their
practice.

• Rehabilitation and Resettlement of Project Dis-


placed people

Well, indeed this has opportunity for fewer lawyers and big
law firms do not get into this. However, increasingly, this is
being handed over to professional organizations who take care
of the project displaced people and rehabilitate them according
to government policies. This space is very good for lawyers
or those with adequate understand of law. As these projects
involves both big sums and good karma, those with a bend of

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

mind to contribute to the society should definitely consider it.

(Contributed by: Ramanuj Mukherjee)

l l l

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

CAREER OPPORTUNITIES FOR LAW


GRADUATES IN INTEL-
LECTUAL PROPERTY LAW

Intellectual Property Law (IP) is an exponentially growing


field. We are witnessing a paradigm shift from corporations
and companies hunting down tangible properties such as land
and machinery towards acquiring intellectual assets.
India is becoming a hub of startups and R&D centres, which
are nothing but intellectual creations. Intellectual Property law
is all about protecting and exercising benefits from your intel-
lectual creations.
People protect what they create. It is a basic human tenden-
cy for which they need another set of experts - IPR lawyers.
Not only protecting from infringement, but even to properly
exploit any intellectual property, lawyers are needed to create
assignment and licensing agreements.
Apart from drafting IPR related agreement, IPR lawyers also
have to register IPR and fight cases where there is dispute over
any IPR.

Why is Intellectual Property law interesting?


Intellectual property (IP) refers to creations of the mind,
such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.

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Intellectual property law enables individuals to claim exclu-


sive rights and financial gain from what they invent or create,
which is a benefit to both creators and the public. With its
foundation in human ingenuity, it should be no surprise that
for the intellectual property professional, work days cannot be
characterized as dull or boring. To state that another way, intel-
lectual property law is unendingly interesting, especially when
genius mixes with mortal unpredictability.
Let us look at some interesting cases:
S. Victor Whitmill v. Warner Bros. Entertainment Inc
In the movie, The Hangover Part II, Stu Price played by Ed
Helms wakes up with a tribal tattoo which is identical to the
one Mike Tyson has. Tyson’s tattoo artist Mr Whitmill filed a
lawsuit against Warner Bros. Entertainment for copyright in-
fringement just weeks before the release of the movie. Warner
Bros. Entertainment, however, saw it as parody falling under
‘fair use’. The injunction order was not granted as the studio
was ready to alter the tattoo digitally. Further, to avoid a long
trial, Whitmill and Warner Bros. Entertainment settled with an
agreement under undisclosed terms.
Amazon’s 1 – Click Patent
On September 28 1999, Amazon was granted a patent for
the ‘1-click technology’. It is a one-click buying technology
where customers can do an online purchase in a single click.
There have been various disputes regarding this technology
which stores all the necessary details in the user’s account on-
line and enables them to make quick purchases. Amazon also

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

filed a patent infringement lawsuit against Barnes & Noble in


1999. Barnes & Noble also used a similar technology under the
name of “Express Lane” which also enabled shoppers to make
a purchase with one click. The lawsuit was settled in 2002,
however, the terms were not disclosed.

Adidas America v. Payless ShoeSource


We identify the Adidas shoes by their three strips, but Adi-
das is not the only shoe making company that uses stripes. In
1994, Adidas and Payless Shoesource got into a scuffle over
these stripes. Payless was selling confusingly similar athletic
shoes with two and four parallel stripes. The two companies
hashed out a settlement, but by 2001, Payless was again selling
confusingly similar shoes. Fearing that the sneakers would dupe
buyers and tarnish its name, Adidas America Inc. demanded a
jury trial. The trial lasted seven years, during which 268 pairs
of Payless shoes were reviewed. In the end, Adidas was award-
ed $305 million—$100 million for each stripe.
The stories of intellectual property law are infinitely dy-
namic, surprising, amazing and curious. And as technology,
human creativity and law develop and intersect, new problems
with new questions arise.

Diverse Work Profile in IP Law


There is a high probability that you are reading this as a law
student who is ready to step into the world of IPR as a lawyer,
so let us have a look at the different possible roles that people
in this field play:

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

• Drafting Contracts
• Litigation
• Filing and registering trademark, copyright or patent
• Detecting and prosecuting IPR infringement
• Managing an IP portfolio
• Teaching, training and spreading awareness
• Analytics and Strategy
• Research, policy, philosophy and advocacy
The list is not exhaustive. The idea is to make clear that a
single individual takes more than one of these roles up in the
Indian paradigm because role specialization is rare, unlike the
western countries. These roles might narrow down if you end
up in an IPR specializing firm, where only specific roles are
provided, but if you step into litigation, you clearly have a dy-
namic and broad field of practice, which I think is more fun.
Who succeeds in Intellectual Property Law?
• Knowledge and understanding of law and procedure is
most important. You need to learn to draft specialized
agreements, understand IP registration process at the
minimum. You need to eventually master IP related liti-
gation too.
• Good communication skill is necessary as IPR is widely
interdisciplinary. Research skill and the ability to quick-
ly learn new things would be critical for success as well.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

• Different roles require different strengths. For instance,


a little knowledge in science and technology is required
when dealing with patents.
• There are patent lawyers who thrive and have flourishing
practices even without having a formal technical degree,
which is a requirement under the Patents Act to become
a patent agent. It is debatable as to how a technical de-
gree in any field makes one competent to be a Patent
Agent.
What are the different intellectual properties and areas of
work for IPR lawyers?
• Trade Marks
• Patents
• Copyrights and Related Rights
• Industrial Designs
• Geographical Indications
• Layout Designs of Integrated Circuits
• Plant Varieties
• Information Technology and Cybercrimes
• Data Protection

Legal luminaries in the field of IP law


Honestly, there are no set parameters to decide this. Howev-
er, I have listed down three people whose stories would inspire
you to be an IP law professional.
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

• Justice Gautam Patel of the Bombay High Court


• Justice Prabha Sridevan, former judge of the Madras
High Court and former Chairperson, IPAB
• Prof Shamnad Basheer, Founder, SpicyIP
First, let’s take Justice Gautam Patel. Reading his judgements
would remind you of your jurisprudence classes in Law School,
which would emphasise three elements of legal reasoning: law,
logic and coherence. Justice Patel’s judgments are ‘strong’ and
‘measured’ on all these fronts. Click on this link to see how he
inspires his interns to work efficiently in the field of IP law.
Justice (Retd.) Prabha Sridevan served as a judge of the
Madras High Court from 2000 to 2010. Post-retirement, she
was appointed as the Chairperson of the IPAB (Intellectual
Property Appellate Tribunal) from 2011 to 2013. In her ca-
pacity as Chairperson of the IPAB, she delivered a number of
important IP decisions including one relating to India’s very
first (post TRIPS) compulsory licensing case. She also played a
monumental role in improving the functioning of IPAB. Most
notably, it was her judgment at the IPAB that validated the IPO
ruling on India’s first compulsory license in Bayer Corporation
vs Union of India and Ors. The matter went in appeal to the
Apex Court; argued by the best lawyers in the country. The SC
agreed with the robust reasoning of IPAB and the IPO.
As for Prof. Basheer, his contributions to the world of Indian
IP are diverse and significant, given that he has been involved
with Indian IP for more than 15 years now! Most notably, he
founded the ‘SpicyIP blog’ in 2005 as a way of democratizing

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

the discussion around intellectual property issues and to foster


more transparency in Indian IP law.
Here are some misconceptions which are unhealthy if you
wish to aspire a career in IPR:

Getting an IP job is easy because IP law is ‘hot’


Yes, IP law is hot. However, it is a demanding line of work
with some great lawyers who require high standards from new
comers. It is not easy to get placed in an IP law firm, or a good
IP lawyer, although there is plenty of work for good lawyers.
It is even more difficult when someone assumes that it is easy
and decides to take it easy.

Technology phobia
No doubt that in patent law those with a technical degree
may have some advantage but it does not disqualify the rest,
except for doing filing work as a patent attorney. If you are
doing IP law, knowledge of technology is relevant in patent
law, but not necessarily so much in copyright or trademark or
other areas.
The consensus is that you just need to have a scientific pas-
sion to thrive based on knowledge and understanding of the
client’s business and technological space they work in even if
you want to work on patent law beyond drafting patent appli-
cations.
(This chapter is contributed by Qamar Ali Jafri)
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

CAREER OPPORTUNITIES IN
TRANSFER PRICING AND INTERNA-
TIONAL TAX LAWS

The economic landscape has gone through a significant


transformation with the spread of digital economy and globali-
sation. A company manufactures its products in Bangladesh,
packages it in Myanmar and ultimately sells it in the market of
India.
MNCs are engaging in cross border transactions more than
ever and their profit is coming under the scanner of authorities
for taxation. Enterprises located across the border are carrying
out huge amount of transactions with their facilities in India
and all of it falls under transfer pricing regulations.
With increasing cross-border trade, the significance of trans-
fer pricing is growing at a rapid pace. This is a very lucrative
area of work, though most lawyers have no idea about it. It is
an area dominated by few specialists, and represent a wonder-
ful opportunity.
In an article by TechCircle, Reduce Data Inc’s founder Asif
Ali said, “India has a mature ecosystem, but it has become very
expensive to operate here. You can run a great global start-
up from Chennai or Bangalore today because the internet has
done away with the boundaries that existed. But if the costs in
Bangalore is as high as the Silicon Valley and if the retention of

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

people is harder, it is not surprising to see many more compa-


nies choosing to move to US to run a company in the Silicon
Valley itself.”

However, one cannot blame the high costs of operations


alone. We are witnessing a time where India is coming at par
with the rest of the world in terms of international structur-
ing of the companies. Not only big companies, but even small
startups are going international. It is such a trend that even
Techcrunch did a story on that.
With rapid globalization and international trade growing
faster than ever, international structuring is not restricted to
large companies only. The situation has undergone a sudden
boom as technology is playing a vital role to make the collab-
oration easy. The business section of the newspapers tells us
about more and more businessmen collaborating across shores
each day.
Social media is an add on too. You can see businesses spend-
ing massively on platforms like Google, LinkedIn, Facebook
etc., to continuously market themselves, or you can also see
a dozen startups earning money from Freelancer.com, Fiverr,
99designs, YouTube and thereby make international sales.
There is a critical implication to all these global trade taking
place - that is International Taxation. It is indeed revolutionary
that today, a relatively small company or a startup can begin a
business that squarely caters to an international rather than a
local clientele, which cuts across services, manufacturing, and
even agriculture. However, what does this mean for lawyers?

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

The answer to this question might make or break careers of


many.
International taxation and transfer pricing has become very
important in this context and a lot of very well paid legal work
is being generated in this area.

So what is transfer pricing?


Transfer pricing is the setting of the price for goods and ser-
vices sold between controlled (or related) legal entities within
an enterprise. For example, if a subsidiary company sells goods
to a parent company, the cost of those goods paid by the parent
to the subsidiary is the transfer price.

Why should you, as a lawyer, be interested in Transfer


Pricing?

Any lawyer, or an aspiring lawyer, cannot deny that knowl-


edge of tax law is required at any point of time. If taxation is
your specialization, this is an area you cannot afford to ignore,
as international taxation and transfer price requires expertise.
The expertise in this area is crucial as there are various for-
eign companies who want to understand the tax implications
of their global moves.
Not just that, lawyers these days frequently encounter inter-
national taxation/transfer pricing issues in many internation-
al transactions. They have an option to steer the transactions
through these issues by performing the work themselves, or re-
ferring to an expert, but they cannot take a hands-off approach.
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

Even if you are someone who does not understand interna-


tional tax and transfer pricing, and wants to restrict yourself to
your area of corporate law or intellectual property expertise,
you will still need to walk each step with your client and ensure
that the involvement of another expert plays out successfully.
If you can’t take full responsibility for steering the transaction,
the client may not want to engage with you on such matters.
Thus, this field is more rewarding than ever.
However, The talent deficit in this sectors has never been as
high as it is now. There has perhaps never been a better time to
learn international taxation and transfer pricing laws, owing to
growing international trade and increasing industry demand.
This will only go up.

Excellent Transfer Pricing Occupations for Lawyers


As a transfer pricing expert, you can expect to see a lot more
of work in near future. With the Modi government planning to
allow foreign law firms to open offices in India, there seems to
be more opportunities than ever for you.
I bring to you some of the more common transfer pricing
career options that you might want to try out.
• Accounting Practices
If you’re looking to get into transfer pricing, you might
want to join one of the Big 4 Firms if you’re lucky – or more
specifically, Ernst & Young, KPMG, PwC or Deloitte.
All the Big 4 companies and increasing number of account-
ing firms have their own transfer pricing department. They

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

offer consulting services to other companies all over the world.

Working with them, you can broaden your knowledge and


experience in association with senior executives from various
industries. Your technical knowledge of transfer pricing and
the current trends will be always up to date as it is the prereq-
uisite in this industry.
You will also get a chance to work alongside experts from
other areas like Customs and Excise, International tax plan-
ning, corporate tax compliance, VAT and many more. This will
lead to strong exposure and you will be able to develop insight
into each of these processes.
If you aren’t as lucky to get through them, don’t worry.
There are other transfer pricing career options too.
• Industry and Commerce
In India, 83% companies have undergone transfer pricing
audit.
The increasing number of transfer pricing litigations has
prompted many businesses to set up an in-house transfer pric-
ing team.
The main industries to open their doors to transfer pricing
lawyers include the financial sector and the gas and oil indus-
tries. But the other sectors are also in the queue and looking
for skilled professionals.
Working with a single company you can get up and close
with the intricacies of the business. It will be possible under-

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

stand the drivers of business and other nuances which will


enable you to progress to a wider commercial role.
If you have a background in finance and corporate tax you
can go on to become the head of the tax department. You
could even get a job as an analyst at an office in India.
Transfer pricing also has a global scope and companies will
go on expanding their capabilities in this domain. This gives
you an excellent chance to become the international head of
transfer pricing and lead the whole team.
• Law Firms
An increasing number of law firms are also building up
transfer pricing teams to meet the demand of businesses. You
can join a law firm and render consulting services to compa-
nies from legal and tax perspectives.
You can scale the ladder of progression and reach the level
of partnership like in case of law practice. The experience in
working in a law firm can also help you in opening your own
consultancy service.
• Business Advisors
New entrepreneurs and even seasoned businessmen hire
business advisors for guidance and professional support on in-
ternational tax and transfer pricing related issues.
Though the role of business advisor may not be available
to a transfer pricing graduate right in the beginning, you can
work your way up there. Years of working in the industry
with significant knowledge and exposure along with expertise
in transfer pricing can expand your career opportunities.
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

You can become the key business advisor of an organization


and get rewarded with increased pay and benefits. The success
rate will be much higher if you can tie up with some interna-
tional company.
• Transfer Pricing Consultancies
Very few consultancies cater to the specific needs of trans-
fer pricing. It is a new area and most of the current specialised
consultancies are in their period of growth.
You can find employment in such consultancies as a transfer
pricing lawyer. The firms generally offer a combination of anal-
ysis and economic approach working with other professionals
for tax consultation.
Your experience and skill will develop working in close re-
lation with other experts and you will be able to lead your own
consulting or team in the future.
• Banking and Finance Jobs
Banks and various financial institutions need lawyers more
than anyone. When things are going good, they will need law-
yers. When it is facing problems, they will need more lawyers.
Maintaining compliance, determining the feasibility of new
products and services, handling litigations, providing advice
and consultation- the role of a bank lawyer is expansive.
Banks also increasingly engage in cross border transactions
with different clients. The knowledge of international taxation
and other nuances are necessary for the banks or financial in-
stitutes to operate optimally.
You can find employment in both Indian and foreign banks
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

like ICICI, HDFC, Standard Chartered, SBI, Barclays, Goldman


Sachs, JP Morgan. The foreign banks are perfect for the trans-
fer pricing lawyers where they can develop their expertise with
a good exposure to international transactions.
Financial institutions like LIC Housing Finance Ltd., Aditya
Birla Finance Ltd., can also be good employers. You can start
your career as a legal executive and then progress to Legal
Counsel, Head Legal and then to Director Legal. The CTC of
a Director Legal is a minimum of around 80 lakhs per annum
with other additional benefits.
The various tech driven digital currency companies like
Paytm, Paypal and PayU also hire lawyers related to financial
services.

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

WHAT CAN YOU EXPECT TO BE


PAID?

If you are just starting out, expect to be paid anything from


5 to 12 lakh per annum. An experience of around 10 years
could have your CTC rising up to 26 LPA.
The various job portals like Naukri, Shine and Timesjob
have hundreds of jobs listed under the transfer pricing cate-
gory. You can join as international tax head, senior managers,
financial executives, Senior coordinators and in other roles in
well known companies. Quickly check for yourself how well
people get paid for international taxation and transfer pricing
jobs.
(Contributed by Aditya Shrivastava)
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

CAREER OPPORTUNITIES IN
COMPETITION LAW

Indian competition law regime has grown considerably ever


since the Competition Act became operational in 2009. In this
chapter, we wrte about the current trends and increasing op-
portunities in Competition Law in India.
The Monopolies and Restrictive Trade Practices (MRTP)
Act was introduced in India in 1969 to combat unfair trade
practices and to promote a competitive and fair business en-
vironment in the country. It was the first competition related
legislation in the country, and laid down rules and regulation
and reformatory practices in the business world.
Due to some limitations in the legislation, the MRTP Act
was replaced by a more comprehensive Competition Act of
2002. This new law penalizes corporations for offences, keeps
public interest at the forefront, and ensures that freedom and
fairness of business is maintained in the Indian economy.
However, according to a report by Ernst & Young India,
more than 80% of Indian enterprises are unaware of competi-
tion law and its practice in the country. Although most multi-
national corporations are aware and have undertaken measures
to comply with the competition law infrastructure. In another
analysis by Nishith Desai Associates, it was revealed by the
Competition Commission’s official website, that as of 2015,
there were approximately 590 cases pending with the CCI,
83% of which were cases where someone approached the CCI
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

themselves to notify wrongdoings, while in almost 5% cases the


commission took cognizance on its own.
It is clear from the above statistics, that the awareness and
practice of competition laws is increasing swiftly, and that there
is also a vigilantism in the community to curb all non com-
petitive practices in the country. Of course, competition law
also has extra-territorial application. The conduct of overseas
players can distort the competition practices in the domestic
market.
The involvement of big conglomerates generates big money
opportunities, and also naturally generates interest from the
legal profession. This comparatively new area of practice has
seen the mushrooming of various work around it, and it is
certainly a field that every lawyer and law student wishes to
explore.
It takes specific practice and complete in-depth knowledge
to establish a footing in this industry, and with not much teach-
ing happening in law colleges concerning competition law, on-
line courses are known to help young lawyers and students
carve a path for themselves.
For several such reasons, in a fairly short span of time, the
practice of competition law has swiftly become the most covet-
ed practice among the various fields of law.
To understand more about the nature of work that the prac-
tice of competition law involves, we must first look at the firms
and organizations that are mainly involved in the sector. When
it comes to working in this field, one can choose from various

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

options based on their interest and more importantly, capabili-


ties. Although not exhaustive, the following are the options one
must keep in consideration.

Tier 1 Law Firms


Mainly all top tier law firms have a dedicated competition
law team that looks after important issues that are vital in the
workings of any business. Extensive projects related to Merg-
ers and Acquisitions and other crucial competition aspects for
multi-billion dollar companies are all handled by one of the
few Tier 1 law firms in the country. Some notable names be-
ing, of course, Cyril Amarchand Mangaldas, AZB, Trilegal and
Shardul Amarchand who have established a robust competition
law practice in the recent times.
These firms have highly experienced and specialized teams
and hence it is understandably extremely tough for a fresher
in the field to start their competition law journey with them.
Relevant experience of a few years and an LLM in the field are
a bare minimum to be a part of these teams. Once there, the
salaries are unquestionably higher than the usual standard.

Boutique Firms and Individual Practitioners


While the high end tasks involving M&A etc are mostly
handled by the top tier firms, there are many other equally
significant works that boutique firms and individual lawyers
handle for their clients. This ranges from all the compliance
work, to policy framing, to handling allegations related to com-
petition breaches like abuse of dominance, cartelization, etc.

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These issues involve the litigation aspect of competition law


and are a great start for all lawyers looking to understand the
practice and establish their own. Since India has borrowed her
competition jurisprudence from various other jurisdictions like
the USA, EU, etc., its practice is still new and constantly evolv-
ing.
This makes it a must for everyone to gain an insight in the
litigation end of this field of law, and boutique firms can be the
appropriate start for them. Freshers as well as lawyers trying to
make a transition should definitely consider starting here, for
a much required and clear understanding of this niche area of
law.

Think Tanks and Research Institutes


Doing some credible work behind the scenes are also some
think tanks and research institutes in the country that work to
make competition laws more accessible and understandable.
With the growing emphasis on specialization in this field of
work, they can prove to be a great start for any budding lawyer.
CUTS Institute of Regulation and Competition (CIRC) is
a well known think tank that indulges in meaningful research
pertaining to consumer and corporate interest both. These
think tanks work at an interesting intersection of competition
and IP laws which is an added advantage in understanding the
working with a different perspective.
Another big research institute is the Jindal Institute on IP
and Competition (JIRICO) established at the OP Jindal Global
University. Doing some noteworthy work in the field, they also
operate on the cusp of IP and competition. Use and distribu-
tion of patents has tricky implications in competition law and
JIRICO is known to do some plausible research in the same.
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

Think tanks have regular vacancies for people willing to


indulge in research in the area, and are the perfect place for in-
depth understanding. Experience in these renowned institutes
is also beneficial for Post Graduation, LL.M, and better job
prospects in the field. This will provide one with professional
as well academic edge. Starting salaries are also commensurate
with the standard.
Government Bodies
Competition Commission of India (CCI) is the regulato-
ry authority of competition law field in India and has regular
vacancies for people with different degrees of experience. Jobs
at CCI include both research related and litigation related po-
sitions and the salary and working hours are both extremely
comfortable. Working here is sure to give a strong understand-
ing of all aspects of competition laws such as antitrust, an-
ti-competitive, etc. along with on the ground practice.
Experience at CCI is obviously one of its kind and goes a
long way in establishing anyone’s career in this field. Also, after
the Competition Appellate Tribunal (COMPAT) was dissolved
in 2017, the appeals of all competition matter are now directed
to the National Company Law Appellate Tribunal (NCLAT),
which is another body that has vacancies of law graduates with
diverse experiences. An opportunity to work at either of these
government bodies is sure to give a good foundation to any-
one’s law career in this field.
(Contributed by: Sarang Khanna)

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

CAREER OPPORTUNITIES IN ME-


DIA LAW

Are you a media fanatic?


Are Facebook and Twitter a part of your everyday life?
Do you know you could make a career out of it in law?
The world of media is fascinating. From big screens to ce-
lebrities, it is always enticing and equally challenging. The im-
pact of media is strong enough to not just influence young
minds and hearts, but also to create a huge uproar among the
masses in case of discontent.
Media law has recently emerged as a huge platform for the
young advocates to explore. As per a report by IBEF, the Indian
media & entertainment sector is expected to grow at a Com-
pound Annual Growth Rate (CAGR) of 13.9 per cent, to reach
US$ 37.55 billion by 2021 from US$ 19.59 billion in 2016,
outshining the global average of 4.2 per cent.
The reason, if you may ask, is simple. Media is not just re-
stricted to the radio and television anymore. There is theatre,
cinema, social media, YouTube, Netflix and all the recent appli-
cation-based video-streaming platforms. With the recent cases
particularly because of the Film Certification Board (CBFC)
the resources to meet the demands with such specialization in
media laws is very scarce.
With hardly two-three well-known firms in this space and

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

not even a handful of lawyers dealing specifically in media laws,


the field comes with a lot of opportunities and with decent
remuneration. With over 15 lakh practicing lawyers most of
whom are working for mediocre or low paying jobs, media law
firms pay an above average salary and media houses are pay
decently as per industry.
However, making space for oneself does not come easily if
you want to work as a lawyer specialising in media laws.
Adv. Satya Banerjee told us about his struggles with making
a name in the media industry, “It is difficult to break through
because of the complex nature of the media and entertainment
industry.”
An advocate who is currently employed with one of the top
media law firms in India also struggled to get through his cur-
rent position. He says, “I interned for a year without a pay only
to join at a pay scale barely useful to meet my ends. It was only
after gaining 6 months of work experience, I was able to earn
a stable income. It’s much better now, but, I wish I could have
achieved it a little earlier. Life would have been way different
now.”
If you look at any of the big media houses, say Viacom18,
any job opportunity is available only for individuals with a
minimum of four years of experience. Hindustan Times has a
company policy of not recruiting lawyers with less than 2 years
of post-qualification experience. It is ironical, because, very few
seek to freshers, everyone somehow expects them to have it.
The biggest hurdle is, though one can easily climb up the
ladder and achieve a decent package it is inherently challenging

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

to enter the business. They all seem to have the same question:
Why do you want to work in-house as a fresher?
Let us try to get the logic straight however biased it might
sound. Given, the specialization of the industry and the huge
public image these organizations have, along with the limited
resources, nobody really has the time to train new entrants,
and it just becomes more convenient to have somebody who is
thorough with the law and is capable of taking quick decisions.
While universities avoid having a course, not catering to an en-
tire sector, gaining knowledge in media laws becomes a tough
nut to crack.
“So, am I suggesting that you cannot make a career in media
law if you are a fresher?”
No. I started off law school with a dream to make it big in
the media sector. It of course came from the fact that I wanted
to be a journalist, and ended up thinking law would be a step-
ping stone towards this journey. At that point in time, when
everyone wanted to either become a successful criminal law-
yer or prove their mettle as a corporate lawyer, it was a chal-
lenge to dream of making a career in media laws, specifically
in-house. It was more problematic, especially because my law
school did not have it in the course curriculum.
This fuelled my troubles further to make it into the media
industry. Neither did I have a mentor, not a subject on my
mark sheets to prove that I have learnt the law. I was left on
my own. I would rather express my immense gratitude to this
course and the mentors. I owe it big time to them because of

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

which I am where I am today. Obstacles were never-ending and


hardships seemed to have banked upon me, however, it was
a broken bridge which I decided to sail through irrespective.
Much to my amusement, that has made me very strong, dex-
terous and an adjustable individual. As a fresher, it paved my
way, to get into the industry and make a respectable position
for myself.

My perception of the whole industry changed for good due


to this short encounter. A seminar a clueless and worried fourth-
year law student attended back in the past did great wonders.
In a session by one of the most celebrated media lawyers in
the country, on being questioned, what kind of individuals he
seeks to hire? He smiled and said, “It goes without saying, that
we only hire those who are extremely passionate about media
laws and have thorough knowledge about the issues which we
deal with. We only trust a zeal to grow and ideas which can
bring a change. We need knowledge because we know we can
deliver experience.”
Life changed drastically after that. I was not scared a morsel
about being inexperienced and thus doubtful about my career
choice. I was only concerned about finding the right place to
quench my thirst for knowledge. I was told by a lot of lawyers,
that it might be difficult to make it into the business, but once
you do, to become a well-known lawyer is just a matter of con-
stant efforts and hard work.
When you want to focus on a specific genre, you need spe-
cialization. You might have observed, only those professors are

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

everyone’s favorite who know their subjects well. Only those


businessmen are successful who have a complete idea along
with the risk assessment of their market. To be reasonably good
at something is indeed a matter of dedication, hard work and
confidence in the choices you make.

Media law might look as a great opportunity, but if you plan


to pursue it for just the money, you might want to get a reality
check.
Let’s be honest about it, I am not going to only brag about
how you can make a fortune out of this field but for individ-
uals disinterested in the subject things might go a little off the
board.
Firstly, you end up doing something you are probably not
interested in and secondly, because of the concentrated genre
this is switching for you later on due to frustration might be a
big challenge.
There are lawyers who got into the profession for easy
money and quit once they figured how different it is from their
expectations. In a competitive setup, where only 1% to 2% of
the total fraternity are competing to bag the best clients only
the fittest survives and makes it to the top league. Others just
weed themselves out because that’s not where the passion lies
and end up lost.
It is important for you to understand that.
Another critical aspect is, that apart from being very passion-
ate about the subject, media law requires you to be creative in
order to find solutions to real problems your clients are facing.
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You are dealing with clients from the creative field, their issues
are slightly different from the regular. You need to be tactful
while dealing with them. With over US $ 6.58 billion worth of
Foreign Direct Investment (FDI) flowing in, Indian media in-
dustry – be it print, radio, television, films or the digital media,
presently bank only on majorly on contracts and regulations.
You need to beautifully learn the art of vetting, negotiating and
drafting. You need to understand different business models and
deliver so that they can be used by the outsourcing vendors.
One needs to understand the nuances of the field before
making the choice.
(Contributed by: Aditya Shrivastava)

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

SHOULD YOU TAKE A JOB IN THE


COMPLIANCE TEAM OF A MUL-
TINATIONAL COMPANY?

A lot of individuals enter law schools with very little idea


of how their career is going to look like five years down the
line. Their idea of a stable career in law develops by attending
seminars, or by observing their relatives and neighbours who
have turned out to be fabulous corporate lawyers or are earn-
ing amazing salaries.
The truth, however, is that most of them are battling over
law firm internships throughout our law school. They have
superficial knowledge of how much salary they will earn with
limited or next-to-no idea about what the work is going to be
like.
This lack of idea is further aggravated when someone de-
cides to join a multinational company’s compliance team. While
most of you may think that you are going to work on various
company laws, SEBI regulations, RBI guidelines, FEMA etc.,
the stark reality is that lawyers working in the compliance and
contract management teams are constantly dealing with var-
ious client projects, some foreign laws and majorly working
on excel sheets. Most of the laws that you have studied in law
school prove to be of no help. At the outset, I would like to say
that this does not hold true for in-house counsels working in
the legal team of a company.
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

However, the same laws become extremely crucial when


you are appearing for an interview. An interview at a law firm
or an MNC is difficult to crack, and you need to be prepared
for it irrespective of what the future may hold for you.
I was working at a technology giant as a Senior Process Ex-
ecutive which I quit within 5 months. Had I paid attention to
my course mentor, I would have conveniently avoided that job
and looked for a job in the creative space at the very first go.
But, this is specific to me. I am writing this article to help you
make an informed choice.
So is it worth joining the compliance team?
I will list out three reasons why you can consider joining the
compliance team of a company over a law firm and leave it for
you to judge whether you are willing to take it or not.

MNC’s and small to mid-sized law firms pay


roughly the same
If you have come across an article which gives you specific
data as to how much a law firm or a company on an average
pays, I urge you to discard it as farce. In the legal industry, a
pay package depends on a lot of factors. It can be the institu-
tional pedagogy, grades, company policy, etc. There are firms
which hire two freshers, one is paid INR 23,000 per annum
and the other is paid INR 40,000 per annum.
In MNCs, the situation is slightly different. An article by
Economic Times states, “Compliance jobs are the latest hot
jobs in India, specifically in the lending sector!” An MNC’s
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

compliance team, generally, has a slightly better pay package


than the small or mid-sized law firms because they have the
capacity to pay more. As per payscale, if you are a compliance
officer, your salary can range anywhere from INR 1,87,503
in the worst case to INR 9,98,120 in the best case scenario.
However, an MNC might not have regular bulk opening like
law firms because their requirement for compliance executives
is generally low.
Another factor that must be kept in mind while opting for
working at a company (whether it is an Indian conglomerate
or an MNC) is the tax liabilities. If you choose to work with
a law firm, your tax liability is only 10% TDS, which you can
claim if your salary is below the tax bracket. However, the
moment you join a company, you are termed an employee and
your tax liability can be anywhere between 10% to 30% de-
pending on your salary.

Relaxed and international work standards


MNCs are generally compliant with international rules and
guidelines. Thus, their working standards and conditions are in
strict compliance with good working conditions for all. Unlike
law firms, where work hours have no bar and you might be
expected to work on a Sunday, if you’re working in compliance
nobody expects you to stay back in an MNC post your work
hours.
Most of the MNCs have a software like TruTime, which re-
cords your entering and exiting time along with attendance. If
your work timings are 9 am to 6 pm, and if you have worked
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

a day extra, you can actually opt to not work for an extra hour
the next day. In addition to this, the number of casual and sick
leaves, work-from-home facility, medical insurance, home rent
allowance, traveling allowances are all a part of the package
that you are offered, which can be quite comforting.

Companies generally have team building activities which


result in wonderful lunch and dinners. This is combined with
work assessment and appraisal. Of course, there are exceptions
from your work too. You cannot take the company for a ride
just because their policies are comforting. You are expected to
deliver. I believe working conditions in an MNC are more re-
laxed than a law firm.

Experience and Brand Value


One of the many reasons you can consider working for
an MNC is the brand value associated with it. If you have an
MNC on your resume it will be recognized by everyone.
In terms of experience, an MNC tends to offer you a lot
of work related to contract abstraction and document vetting.
If you’re working with the compliance team, it will make you
relatively better at handling people because you get accustomed
to dealing with international clients because of a number of
projects.
Though, don’t get your hopes too high. There are many
lawyers who have not been able to land a job at a law firm after
gaining work experience at an MNC. Working with a compli-
ance team of an MNC might be a good option if you are will-

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

ing to stay in the corporate set-up. However, it might not help


you if you are looking for a company to law firm shift.
MNCs have few disadvantages to them too. I am listing
them here so that you can get a better perspective.

You might not get a very “legal” experience


MNCs mostly work on formulas. After all, most of them are
either dealing with technology, manufacturing or consulting.
They allot a set of tasks to each executive and the executives
are expected to follow the set of guidelines and procedures.
For example, if you working with the compliance team on
anti-money laundering for a US-based project you will be re-
quired to check whether the clients of the company are compli-
ant with specific provisions of the Patriot Act or not. This would
either be done on a client tool or an excel sheet. Although, you
might learn a lot about how to check various compliances and
US laws, it might not help you in dealing with Indian laws.

You won’t get to visit a court


Unless you are working as the legal counsel or in litigation,
you might not get a chance to visit the court. In all honesty,
it was a huge plus for me because I thought it was something
that I wanted to save myself from – the scorching sun and all
the hard work. However, I have deliberately used past tense
because I don’t think the same way anymore.
If you are someone like me who enjoys sitting in AC cabins
and does not want to draft or appear for clients in the court,
go for it. However, if you are keen on learning how the entire
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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

judicial system functions, learn the court procedures, argue and


prove your case, it might not be the best thing for you to do.
Coming back to why I think it’s an advantage today is pri-
marily because I came in contact with Mohona, my present
manager. I realized litigation gives you an experience and
knowledge which no amount of corporate or compliance work
does.
Having said that, if you are okay with not going to a court,
life in an MNC can be rewarding.

Work can be monotonous for long periods


A huge humdrum about working in the compliance team at
an MNC is the kind of work and lifestyle it has to offer. You
slowly start becoming everything that you never wanted to be.
It is like growing up. You would be stuck at 9 am to 6 pm job,
wearing a name tag and doing the same routine job.
It does have few merits to it. Life tends to become more sys-
tematic and you know exactly what to expect each day. Howev-
er, the thrill of attending or arguing a case or researching about
the new laws in India and how to implement it goes missing.
Having said this, life in an MNC can be quite fun, rewarding
and smooth. It is certainly not a bad option at all. What is more
challenging is to get a job in the first place. When I first ap-
peared for an MNC interview in my fourth year, I could hardly
answer any question.
Be it a company or a law firm, you need to acquire skills or
knowledge to crack any interview. How you plan to do it is in

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7 RED HOT CAREER OPPORTUNITIES FOR LAW STUDENTS IN INDIA

your hands.

(Contributed by: Aditya Shrivastava)

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