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Diljeet Titus
TITUS & CO
FOUNDED: 1997
HOURLY BILLINGS:
Rs 3,760-Rs 8,225
SPECIALISATION: M&A, Project Finance, Telecom, Biotechnology,
Litigation
MAJOR CLIENTS: Aventis, US Exim Bank, Marubeni, Siemens |
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Zia Mody
CZB PARTNERS
FOUNDED: 2002
HOURLY BILLINGS:
Rs 2,820-Rs 16,450
SPECIALISATION: Corporate Finance, M&A, Arbitration and
Litigation
MAJOR CLIENTS: Lafarge, Alcan, British Gas, JP Morgan-Chase
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Anand
Pathak rarely gets to holiday. But in April 2001, the Managing Partner
of Delhi-based P&A Law Offices squeezed some time out for a
vacation to Jaipur along with his wife and kids. They were on an
elephant back negotiating snaked pathways to Amber Fort, a sprawling
16th century structure on a hillside, when Pathak's mobile phone
rang. It was his Delhi office calling. ''Anand, can you be on line
for a conference call now?'' his associate asked. Perched atop the
elephant, Pathak helped Rediff.com sew up its acquisition of the
Illinois-based Value Communications Corporation.
Unusual? Maybe the elephant bit is. But seeking
out a 40-year-old Cambridge and Yale graduate with more than a decade's
experience in law firms in the US and Europe to give finishing touches
to a $3- million (Rs 14-crore) deal? Certainly not. After all, Pathak
represents what you could call a new breed of young lawyers who
are seen less in the black robe and more in pin-striped suits, offering
cutting-edge legal services for Indian and multinational companies.
The new legal eagles are outward-looking, enterprising, client-friendly,
and draw from international experiences. They are not just litigation
lawyers. A big chunk of their work includes non-litigation practices
like mergers and acquisitions, joint ventures, intellectual property
or advising an entry strategy for foreign companies.
They also negotiate power purchase agreements
for power projects, restructure corporate debt, draft the shareholders'
agreement for disinvestment of public sector undertakings or offer
advice on sale or acquisition of brands. They have specialised practice
groups in telecom, information technology, insurance and intellectual
property. They run multi-partner, professional law firms, and offer
transparent partnership track for personal growth of their associate
lawyers. For instance, Dua Associates, a Delhi-based, 100-lawyer
firm, has a full equity partner to take care of the entire administrative
and hr work-a first in India.
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Nishith Desai
NISHITH DESAI ASSOCIATES
FOUNDED: 1984
HOURLY BILLINGS:
Rs 2,820-Rs 16,450
SPECIALISATION: Project Finance, EPC Contracts, Derivatives,
Intellectual Property, Biotechnology
MAJOR CLIENTS: Transamerica, Prudential, General Atlantic Partners,
Sumitomo Bank, ICICI Ventures |
The Makeover
In other words, Indian law firms have come
of age. Since the early 90s, a number of law firms have mushroomed
in cities such as Delhi, Mumbai and Bangalore, and most of these
are headed by young but talented lawyers. Says Lalit Bhasin, Managing
Partner, Bhasin & Co., and President of the Society of Indian
Law Firms: "They have very good infrastructure, employ latest
technologies, and their offices can be compared to those of any
good law firm in developed countries."
That's quite a change from the firm of yore
that was family-centric or dominated by one powerful personality.
No doubt, some of the biggest lawyers-Fali S. Nariman, Harish Salve,
Kapil Sibal, K.K. Venugopal, or Abhishek Manu Singhvi-still enjoy
top-of-the-mind recall. The difference between them and the new-age
law firms is that while the former are top litigating lawyers (most
of them take up only Supreme Court cases), they are not a one-stop
shop for legal services like the latter.
What's led the transformation, of course, is
the change in business environment. With liberalisation, business
became global and complex. There were joint ventures to be struck,
technology agreements to be drawn up, complex revenue- and profit-sharing
deals to be negotiated, and sticky IPR issues to be sorted out.
Suddenly, the plain-vanilla lawyer found himself out of depths.
Says Ajay Bahl, Managing Partner, Ajay Bahl & Co, a Delhi-based
law firm: "It became clear that it was difficult for one single
person to look after the entire legal needs of a company. The stakes
were higher." This not only resulted in the growth of new law
firms, but the old ones were forced to restructure. Personality-based
practice gave way to team-based practice.
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Ajay Bahl
AJAY BAHL & CO
FOUNDED: 1986
HOURLY BILLINGS:
Rs 3,760-Rs 15,275
SPECIALISATION: Media, Privatisation, Tax, Corporate Transactions
and Advisory, International Litigation
MAJOR CLIENTS: NewsCorp, ESPN, Motorola, Microsoft, Conagra,
Bacardi Martini, Disney |
Consider Amarchand Mangaldas, one of the oldest
law firms in India (set up in 1917). It's the largest law firm in
the country, with 140-odd lawyers on its roll, and has expertise
in a range of areas. "Size and quality are very important parameters
for a firm. It's directly linked to timely delivery and results,"
says Shardul Shroff, Managing Partner, who leads the non-litigation
practice at Amarchand (His wife and partner Pallavi Shroff takes
care of litigation matters).
For instance, in February this year, ONGC mandated
the firm to complete the debt restructuring of Mangalore Refineries
and Petrochemicals Ltd (MRPL). The job had to be done before March
31, otherwise the company would have been referred to BIFR as a
sick company. The task was mammoth, but Shardul and a team of 10-12
lawyers in Delhi and Mumbai negotiated the restructuring package
with MRPL's 22 lenders and signed up the deal in about 30 days.
Says A.N. Sinha, Advisor (Downstream), ONGC, who is now in charge
of MRPL: ''The tremendous commitment and personal attention they
have shown is a far cry from that of the lawyers of olden days.''
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Vinod (L) & P.S. Surana
SURANA & SURANA
FOUNDED: 1971
HOURLY BILLINGS:
Rs 3,525-Rs 16,450
SPECIALISATION: Foreign Trade Transactions, IPR, Information
Technology, Corporate and Commercial Law
MAJOR CLIENTS: Hyundai, GMAC, Murugappa Group, Videocon, Tidal
Park, Perfetti Van Melle |
Catching A Wave
The boom in new areas like information technology,
biotechnology and media has come as a blessing for law firms like
Nishith Desai Associates in Mumbai, P&A Law offices, Ajay Bahl
& Co., and Dua Associates in Delhi. Walk into Nishith Desai's
office and you would meet not just lawyers but doctors, management
graduates, CAS and engineers who have picked up a degree in law
to complement their basic specialisation. The firm, which also has
an office in California, believes in "bringing a multi-disciplinary
research dimension into the legal profession". So if a venture
capitalist client wants to know about the upcoming legal, ethical
and IPR issues in India, Desai has a team to help him out. But don't
dismiss this law firm as a backroom player. It was involved as legal
counsel for various cross-border acquisitions, including BFL Software's
purchase of MphasiS, and foreign listing of Indian companies like
Infosys, Wipro and Rediff. Delhi's Dua Associates is one of the
first firms to set up separate practice groups for banking, insurance
and privatisation. It has advised on more than 15 PSU disinvestment
cases, both on the buy and the sell side. To accommodate non-lawyers,
it has even formed a separate arm, Dua Consulting, which will work
on public affairs, financial planning, and regulatory approvals.
The USP of Anand Pathak's P&A Law Offices
is that his firm can practice in Europe, the US and Canada, besides,
of course, India. This has helped the firm grab a lot of work from
Indian it companies who are looking for acquisition targets abroad.
For instance, P&A has managed all the foreign acquisitions of
Rediff.com and HCL Technologies. Pathak, who has worked for 10 years
with a US law firm Jones Day, also has a set-up in Silicon Valley.
Currently, Pathak is helping a leading Indian it company plan its
foreign float.
From 1994 onwards, there has been a spurt in
the launch of satellite channels, and this brought forth several
issues like piracy, theft of signals and so on. Ajay Bahl &
Co. is one of the first Indian firms to cut its teeth in media and
broadcasting law. Bahl, a ca-cum-lawyer, did a lot of work in this
area for NewsCorp, ESPN and Star Sports and also structured the
split of NewsCorp and Zee in 2000. Outside media, Bahl has advised
Kuoni Travels in its acquisition of Sita Travels in 2000 and Chevron-Texaco's
purchase of Kolkata-based Tide Water.
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Rajiv Luthra
LUTHRA & LUTHRA
FOUNDED: 1989
HOURLY BILLINGS:
Rs 4,700-Rs 16,450
SPECIALISATION: Project Finance, Insurance, Corporate Litigation
MAJOR CLIENTS: Rolls-Royce, Hewlett-Packard, Lockheed Martin,
Citibank |
In the case of Pravin Anand, it was the dramatic
changes of past two decades in trademark, copyright, design and
patent laws, besides the introduction of new legislation like the
it Act, Competition Act, and Plant Variety Protection Act that gave
his patent law practice a major fillip. Today, his Anand & Anand,
an IPR boutique, is the top-most firm in the area. Ask Anand, the
Managing Partner, how many patents he has helped file, and the answer
is "thousands". He was also the counsel for Philips when
the International Cricket Council filed a case against the company
for ambush marketing during the last cricket World Cup. Anand won
the case for Philips.
But the Bahls and Anands are hardly the only
firms to have gained from the opening up of the Indian economy.
In fact, even some first-generation law firms have hit the big times
in a relatively short period. Delhi-based Luthra & Luthra, for
example, came from nowhere, but is now one of the top grossers in
the country, with annual revenues of more than Rs 50 crore and high-profile
clients such as Rolls-Royce, Lockheed Martin, Bank of America, and
Hewlett-Packard. Set up in 1989 by Rajiv Luthra, 45, a first-generation
lawyer, the firm shot into prominence by doing a lot of work in
project finance, then a relatively new area for Indian lawyers.
Luthra's firm has been an advisor for about 40 power projects. What
came handy was Luthra's 15 years experience in his father's accountancy
firm. "When we negotiate a power purchase agreement, we not
only look at the pure legal issues but we also analyse its implications
for the irr (internal rate of return), profits and other risk matrix,"
says Luthra.
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Pravin Anand
ANAND & ANAND
FOUNDED: 1923
HOURLY BILLINGS:
Rs 9,400-Rs 16,450
SPECIALISATION: IPR
MAJOR CLIENTS: Yahoo!, IBM, Intel, Ford, Tatas, Philips |
The rise of 36-year-old Diljeet Titus has been
equally phenomenal. He set up Titus & Co in 1997 after quitting
his job at D.C. Singhania & Co. Now 98 per cent of his clients
are multinational corporations. Titus has advised pharmaceutical
giant Hoechst on its $205-million (Rs 959-crore) acquisition of
Indian biotechnology company Proagro in 2002. This is one of the
largest acquisitions by a foreign company in India. His firm is
currently advising US Exim Bank for restructuring the repayment
of $300 million (Rs 1,403 crore) equipment finance given to Dabhol
Power Company and also a $80-million (Rs 374.25 crore) loan to Jindal
Vijayanagar Steel. With just 23 lawyers on his rolls, Titus clocks
a revenue of about Rs 10 crore a year, probably the highest in India
in terms of revenues per lawyer.
However, in Bangalore, it is the story of young
Sajan Poovayya, H. Jayesh and Ajmal Edappagath that's got the legal
circles talking. A 31-year-old gold medalist from the National Law
School of India University, Poovayya set up Poovayya & Co in
1999, after a brief stint in the UK. He already counts GE, Wipro,
Apollo Hospitals, ITC, and Tatas among his clients, and has annual
billings of Rs 1.2 crore. Jayesh, on the other hand, set up Juris
Corp in 2000, as a financial and derivatives law specialist, and
today consults clients like Citibank, Barclays Bank and Bank of
America. Edappagath, 33, specialises in it and cyberlaw, and advises
the International Telecom Union, among others, on technology-related
legislation in Asia-Pacific countries.
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Shardul Shroff
AMARCHAND MANGALDAS
FOUNDED: 1917
HOURLY BILLINGS:
Rs 4,700-Rs 14,100
SPECIALISATION: M&A, Corporate Finance, Commercial Litigation
MAJOR CLIENTS: Coca-Cola, Tata Group, ICICI Bank, Kotak Mahindra |
Although Delhi-based firms dominate the estimated
Rs 600-crore legal services market in India, there are Mumbai-based
CZB Partners and Chennai's Surana & Surana who can be counted
among the top 10. CZB Partners, promoted by Zia Mody, 47, (daughter
of Attorney General Soli Sorabjee), has been in the thick of virtually
every M&A action in India. Be it Lafarge's $300 million (Rs
1,403 crore) acquisitions of cement divisions of TISCO and Raymond,
Alcan's $165 million (Rs 772 crore) divestment of equity in Indal
to the A.V. Birla Group or advising British Gas on its investments
in India, Mody's firm has done it all. Chennai's number one law
firm Surana & Surana has clients like Hyundai and GMAC (the
finance arm of General Motors). Hyundai, which came into Chennai
one-and-a-half-years later than Ford, actually rolled out the first
car from its factory faster than the Detroit giant, and Hyundai
has acknowledged the success of this to Surana, which successfully
liaised between the state government and the company.
There is no doubt that a silent revolution is
underway in the field of legal services, but what may hold back
its growth are restrictions like the 20-partner limit for firms
and even archaic things like a ban on advertising, hosting of websites
and directory entries. The Naresh Chandra Committee on corporate
governance has recommended that the limit be raised to 50, which,
if accepted by the government, can do wonders to the growth of firms.
But as for lifting the ban on self-promotion, it's up to the Bar
Council of India. After all, there are some laws that even lawyers
can't beat.
additional reporting by Dipayan Baishya,
Venkatesha Babu, and Nitya Varadarajan
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