Team size: 13

What are the most significant cases or transactions that you have been involved in over the past year?

I lead the legal, compliance and company secretarial function for United Breweries — a company listed on BSE and NSE. The last year has been very productive for the legal function; the team and I have demonstrated effective business partnering both by being proactive and responding well to unplanned disruptions.

We were involved in significant litigations: we obtained interim stay from HC of Madras on a national regulator order directing closure of two breweries in Tamil Nadu and disconnection of power within two days of order; furthermore, we obtained a court stay on the Karnataka Excise Department’s order directory seizure of stock, closure of brewery and criminal case against company employee. This led to resumption of brewery operations and release of seized goods; we secured favourable order (no coercive action) against the company and its employees in FIR registered by Karnataka Excise. We also secured favourable order in anticipatory bail, and from Karnataka High Court setting aside Excise duty demand of ~ INR 241.50 crores alleging short production of beer during 2015-2017.

Our team secured an order from Patna High Court overturning Bihar State Beverages Corporation’s directive for Excise to recover approx. INR 21.85 crore in demurrage and ordered the release of UBL’s pending claims of about INR 9.10 Crores. We also secured favourable order from the High Court of Karnataka setting aside higher stamp duty demand.

The team has executed proactive readiness for implementation of Digital Personal Data Protection Act, 2023. As part of the framework, we have introduced a Privacy Champions Programme; rolled out a new privacy policy; introduced a data breach reporting policy and onboarded OneTrust Consent Management module.

Based on your experience, what is the key to collaborating successfully with business partners?

Successful collaboration between a general counsel and business partners is premised on several key factors. In order to be an effective business advisor and enabler, a general counsel needs to understand the needs of the business, its vision, operational imperatives, challenges, and overall industry dynamics. This demonstrates that the general counsel is invested in the success of the business and can tailor legal advice accordingly.

In addition, a general counsel must have a proactive solution-focused approach. Instead of just identifying issues, a general counsel should offer practical solutions that align with business objectives, thereby positioning themselves as enablers versus blockers.

A general counsel needs to demonstrate strong leadership that is founded on collaboration and consensus-building. They must be perceived as trusted advisors – those who think strategically like business owners, and not just confine themselves to legal issues. Further, effective collaboration also hinges on clear and transparent communication, where a general counsel is able to explain complex legal issues in a matter that business stakeholders comprehend.

India is an economy that is rapidly growing and expected to be one of the powerhouses of the 21st Century. How do you see the role of GCs there changing in this environment?

The role of general counsel in India is evolving more front and centre in management of companies. General counsel today are playing a role that was historically only accredited to commercial functions. As India continues its rapid economic growth and positions itself as a global powerhouse, the role of general counsel is set to evolve in several impactful ways:

General counsel will play the role of strategic advisors to executive teams and will be involved in decision-making which is beyond legal remit. General counsel will increasingly act as business enablers, helping companies navigate complex legal landscapes to seize new opportunities. Their role will extend beyond legal compliance to actively facilitate business growth and expansion.

Considering the constantly evolving legal landscape, general counsel will need to handle new crises and legal conundrums, while balancing risk, regulatory compliance, and corporate governance. Additionally, the changing dynamics around social, economic, and political climate pose unprecedent business situations and great uncertainty, when businesses look at in-house legal departments for informed judgements and guidance.

With more Indian companies expanding their business internationally, general counsel will need to develop expertise in cross-border transactions, international regulations, and global compliance standards. This will involve managing legal risks in multiple jurisdictions and ensuring seamless operations across borders.

As companies expand, maintaining robust corporate governance and ethical standards becomes increasingly challenging and essential. General counsel will be tasked with upholding these standards, fostering a culture of integrity, and ensuring compliance with evolving regulations.

With technology continuously disrupting traditional industries, general counsel will lead the integration of legal tech solutions. They will drive innovation within their legal departments by utilising tools like AI for contract analysis, compliance monitoring, and predictive analytics.