This article is written by Jasmine Madaan, from Vivekananda Institute of Professional Studies (VIPS). This is a non-exhaustive article that lists the top Indian lawyers well known for their expertise in technology contracts.
Table of Contents
Introduction
With the increasing technological advancement, digitalization of client data, etc. the demand for speedy implementation of legal technology has taken a giant leap. This is an article that intrigues not just the legal professionals but also professionals related to the Information Technology sector, various businesses, etc. It is important to be aware of the top service providers of a specialized field for clients so that they can approach the experienced lawyers and for students so that they can learn from them during their internships. The article provides the non-exhaustive list of top Indian lawyers well known for their expertise in technology contracts.
What is a technology contract?
A technology contract includes Software licensing agreement, Outsourcing agreement, Standard distributor licensing agreement, clauses, and draft special contracts specific to the technology industry which are commonly used in technology companies. A technology lawyer’s work includes reviewing, drafting, or negotiating technology contracts as they have a better ability to resolve complex licensing models, identify software licensing issues, and compare the deal in hand to the different unique technology contract structures to solve problems or find a solution.
List of the lawyers
STEPHEN MATHIAS
Mr. Mathias is a partner in charge of the Kochhar & Co.’s Bangalore office. He is also the co-chairperson of the firm’s Technology Law Practice.
Specialization and educational qualification
- He completed B.A. LL.B(Hons.) from the National Law School of India University in the year 1995.
- He obtained a Chevening Scholarship which was awarded by the Government of the United Kingdom and completed a Diploma in European law from the College of Law, York.
- He is also a solicitor on the rolls of the Law Society, London.
- He has expertise in corporate and technology law.
- In corporate law, he has worked on corporate compliance, M&A, venture capital, joint ventures, and other corporate transactions.
- In technology law, he has expertise in outsourcing, licensing, telecom, internet & e-commerce, privacy, and new media and internet related issues.
- He has a specialization in VoIP (Voice over Internet Protocol) implementation in India. VoIP is a technology that converts an individual’s voice into a digital signal which allows that person to make a call directly from the computer, a VoIP phone, or any other data-driven device. It is often called IP telephony, Internet telephony, broadband telephony, or broadband phone service.
- He is the leading head of employment law practice in the Bangalore office.
Achievements and Work
- He has represented a large number of the World’s largest Information Technology companies in India.
- He has advised over 100 companies implementation of VoIP including call centers and closed user groups in India.
- He has been named as one of the leading lawyers for Information Technology, Media and Telecommunications(TMT) by various publications from the last 15 years.
- He is the founding co-chair of Indian conferences of ITechLaw and also a former partner of ITechLaw.
- He has been listed as one of the ‘Leading names’ in the Indian Legal Profession for IT and Telecom work by Asia Pacific Legal 500, International Who’s Who of E-Commerce Lawyers, the Guide to the World’s Leading Technology, Media and Telecommunication Lawyers and Intellectual Asset Management magazine’s the World’s Leading Patent and Technology Licensing Lawyers.
- He has written extensively on technological law for various publications like Silicon Indian, Economic Times, etc.
Naqeeb Ahmed Kazia, an associate at the Bangalore office of Kochhar & Co. is also extremely intelligent and knowledgeable about the due diligence exercises of companies in the information technology sector, cloud computing, network neutrality and privacy for leading international journals.
RODNEY D. RYDER
Mr. Ryder is a partner with Scriboard; a full-service law firm that has a specialization in Intellectual Property, Technology, and Media specialist practice. He is the advisor on the implementation of the Information Technology Act, 2000 to the Ministry of Communications and Information Technology.
Specialization and educational qualification
- He graduated from Delhi University in the year 1998.
- He has a specialization in technology, intellectual property, and corporate law.
Achievements and Work
- He has been nominated as ‘Leading Lawyer’ in his areas of practice by Asia Law, Who’s Who Legal, and various other International publications.
- He is an advisor to the National Internet Exchange of India (NiXi) and a member of a panel of independent and neutral arbitrators with NiXi.
- He is also an adjunct professor for TMT laws (legal management) to various renowned colleges including National Law School of India University [NLSIU], Bangalore, NALSAR, Hyderabad, National Law University [NLU], Jodhpur, Campus Law Centre, Faculty of Law, University of Delhi, Amity Law School, Indian Institute of Technology[Kharagpur] and the CBI Academy [Ghaziabad], Indian Institute of Management, Lucknow [IIML], the Fore School of Management, New Delhi [FSM], Amity Business School [ABS].
- He has written various books related to Information Technology and Intellectual Property, some of which are:
- Guide to Cyber Laws (E-commerce, the Information Technology Act, 2000, Data protection and the Internet) (LexisNexis Butterworths Wadhwa Nagpur, India).
- Intellectual Property and the Internet (LexisNexis, 2002).
- Brands, Trademarks and Advertising (LexisNexis, 2004).
- Internet Law and Policy (Oxford University Press, 2010).
- Drafting Corporate and Commercial Agreements: Legal Drafting Guidelines, Forms, and Precedents (Universal Law Publishing, 2005; Reprint 2007).
- An Introduction to Internet Law and Policy: A Course Book on Cyber Law (LexisNexis Butterworths Wadhwa Nagpur, India, 2007).
ABHISHEK MALHOTRA
Mr. Malhotra is the founding and current Managing partner of TMT Law practice. He has an experience of almost two decades of experience. He is a member of State Bars of California, USA, and Delhi, India.
Specialization and educational qualification
- He completed his B.A. LL.B.(Hons.) in the year 1999 from the National Law School of India University.
- He completed LL.M. in Intellectual Property Law from UNH Franklin Pierce School of Law in the year 2001.
- He cleared the California Bar Examination in July 2001.
- He has special expertise in the following:
- Drafting and negotiating agreements, especially pertaining to the intellectual property and related fields, including Media, information technology, broadcasting, pharmaceuticals.
- Prosecution/defense of suits, proceedings and appeals in respect of infringement of intellectual property rights, as well as commercial litigation concerning employment, information technology, and competition issues.
- Advising clients across various industries, including luxury brands, information technology, media, hardware equipment manufacturing, pharmaceuticals, broadcasting.
- Advising clients and giving opinions on the creation, maintenance, management, and enforcement of IP rights, including assisting in the prosecution of trademarks and copyright in India.
- He also advises clients on Commercial Contracts, Government Advisory, Criminal Matters, Land Acquisition and Property matters.
Achievements and Work
- He has provided inputs to the Government of India on issues of copyright, data privacy, satellite communications, etc.
- At the Indian Institute of Information Technology, he is a guest lecturer.
- He has and continues to advise various think-tanks, and associations in the field of Technology, Media & Telecommunications.
- At the INTA Annual Conference on the topic of strategies for brand owners in the BRIC countries in Seattle in the year 2009, he was the chairperson.
- He has spoken at various big events including Indo-America Chambers of Commerce conference on Leveraging Intellectual Property Rights for Business (Mumbai, June 2007).
RAHUL MATTHAN
Mr. Matthan is the founder of the Bangalore office of Trilegal law firm. He is the head of TMT practice in Trilegal. He was earlier a member of the Management Committee of the firm but now he serves on the Board of Trilegal.
Specialization and educational qualification
- He completed his B.A. LL.B (Hons.) in 1994 from the National Law School of India.
- He specializes in Technology, Media and Telecommunications (TMT) law.
- He also advises on corporate matters and transactional and regulatory matters.
Achievements and Work
- He has assisted the Government of India in preparing a number of policies related to TMT including the privacy law.
- He has advised on some of the largest TMT matters and transactions in India. He has worked across all sectors from ISPs, OSPs, to big telecom companies.
- He has advised various clients on cross border M&A, technology transfers, outsourcing, data protection, intellectual property, private equity investments, and a range of specialized technology mandates.
- He has advised on a wide range of sectors related to the technological field including relation to data protection, outsourcing, electronic commerce, new media, entertainment, biotechnology, pharma, and other new technologies.
- He has advised on new content delivery models for mobile value-added services, regulatory issues surrounding the delivery of electronic content, and legal and contractual issues in global e-commerce.
- He has an equal understanding of technology and law due to which he is an expert at advising matters concerning the intersection of both.
- He has written various books related to emerging technology and law including ‘Law relating to Computers and the Internet’, ‘Privacy 3.0- Unlocking our Data-Driven Future addresses the challenges of regulating privacy in the big data world.
KOSTURI GHOSH
Ms. Ghosh is a partner in the Bangalore office of Trilegal Law firm.
Specialization and educational qualification
- She completed his BSL LLB in 2002 from the University of Pune.
- She specializes in general Corporate Advisory, Private Equity, M&A, and TMT law.
- She is a specialist in advising multinational clients.
Achievements and Work
- She has also represented various national and multinational clients on numerous IT, telecommunications, and outsourcing transactions.
- She has advised on complex matters including data protection, software development and licensing, technology transfer, etc.
- She advises clients on matters related to outsourcing including some of the pioneers in the business process offshoring industry in India. She has advised clients from structuring technology deals with negotiating large multiparty outsourcing contracts.
- She was recently awarded the Special jury award ‘Women in Legal Leadership’ – at IDEX Legal Awards 2016 and was also featured in ’40 Under 40′ in the Asia Pacific by Asian Legal Business.
NIKHIL NARENDRAN
Mr. Narendran is a partner in the Trilegal law firm in the TMT and General Corporate practice area.
Specialization and educational qualification
- He completed his B.A. LL.B (Hons) in 2007 from the National University of Advanced Legal Studies.
- The following are his specializations: Technology Law, Regulatory, Technology Policy, Space, Health-Tech, e-commerce, Automotive, TMT, India entry, policy, Commercial Contracts, Outsourcing Contracts, Media, AR/VR, Gaming, OTT, Telecommunication Laws, Technology, Data Protection, M&A, Intellectual Property Rights, Contract Negotiation, Regulatory Affairs, Dispute Resolution and liaising with regulators, Business model vetting, New Technologies, big data, AI, BlockChain, Crypto Currencies, Artificial Intelligence.
Achievements and Work
- He is the Co-Chair of the ITechLaw Substantive Law committee on Interactive Entertainment & Media and is on the board of directors of the ITechLaw.
- He has been recognized by the Who’s Who in Legal Telecommunication, Media and Technology.
- He won the ITechLaw Association’s (formerly Computer Law Association) Travelling Fellowship Award 2011 as a part of which he got a chance to work at six European firms specializing in TMT.
- He has advised various clients including new age e-commerce and technology companies in India on their business models and regulatory issues which usually relate to data privacy and protection.
TEJAS KARIA
Mr. Karia is a partner at Shardul Amarchand Mangaldas & Co. He is the Arbitration head at the same firm.
Specialization and educational qualification-
- He completed his Bachelor of Laws(LLB) from ILS Law College, University of Pune in the year 2000.
- He completed Master of Laws(LLM), Corporate and Commercial Laws in the year 2002 from the Sir L A Law College, University of Gujarat.
- He went to study Master of Laws (LLM), International Commercial Arbitration, and Information Technology and completed in the year 2003.
- His specialization is in Information Technology Law and International Arbitration Law.
Achievements and Work
- He has advised the National Association of Software and Service Companies (“NASSCOM”) for amendments to the Indian Information Technology Act, 2000 to include the Data Protection provisions.
- He is a current member of the Editorial Board of “Digital Evidence and Electronic Signatures Law Review”, a quarterly journal published in the UK.
- The chapter of the book “Digital Evidence”, was co-authored by him.
- He has been recognized by Asialaw Leading Lawyers as a “Leading Lawyer”, mentioned in The Legal 500, ranked by Chambers & Partners, listed in Who’s Who Legal and named as “Dispute Resolution Star” by Benchmark Litigation.
- He has been advising various National and multinational corporations on data protection, data retention, data security, privacy, and confidentiality issues, including data belonging to employees and third parties.
- He also represents various well-established social networking sites and internet messaging services in different litigations in India including Facebook and WhatsApp.
ARUN PRABHU
Mr. Prabhu is a partner in the General Corporate practice at Cyril Amarchand Mangaldas’s Bangalore office. He is a part of the Technology, Media and Telecommunications (TMT) department.
Specialization and educational qualification
- He graduated from the National Law School of India University in the year 2004.
- He is a specialist in technology law having thorough knowledge about the Indian regulatory surrounding emerging technology.
- He is a specialist in large core solution procurement contracts in the banking vertical, Middleware licensing, and product software licensing.
Achievements and Work
- He was declared by Chambers and Partners as a ‘very effective and highly knowledgeable’ lawyer in 2011.
- He has often been applauded for his out of the box thinking and cogent advice by the client.
- He advises on matters related to data protection, data privacy, data collection, processing, and retention. He also advises for the formulation of policies and effective practices to mitigate legal risks related to the handling of data.
- He has written, spoken, and consulted various government bodies and industries regarding the developments in continuously evolving issues in data protection in India including Personal Data Protection Bill, 2019, intermediary guidelines, e-commerce policy, Right to Privacy, and Aadhaar judgments, etc.
- He has written various articles on the data privacy issues in ‘India Business Law Journal’, ‘DataGuidance’, and ‘FICCI CAM Entertainment Law Book 2019’.
HARSH WALIA
Mr. Walia is a partner in the Technology, Media and Telecommunications (TMT) at the Khaitan & Co.’s New Delhi office. He is also the head of the TMT department.
Specialization and educational qualification
- He graduated from ILS Pune in the year 2004.
- He also has a Post-graduate Diploma in Insurance Management (SIBM, Pune), a Diploma in Comparative Cyber Laws (ASCL, Pune), and a Diploma in Corporate Laws (IALS, Pune)
- He specializes in regulatory, transactional and commercial contracting aspects in the TMT sector.
Achievements and Work
- He has advised numerous clients both national and foreign in the following regulatory areas: data protection, intermediaries, telecom licensing, video streaming, satellite connectivity, CUG, spectrum sharing and trading, EMF emission norms, virtual network operators, M2M communications, VAS services, internet telephony, OTT services, other service providers.
- He has worked as an In-house counsel with well-established multinational companies including Bharti Airtel Limited. He has experience of more than 13 years.
- He handles contracts related to software, hardware, managed services, sharing of passive and active infrastructure, the interconnection of networks, roaming agreements, marketing & distribution agreements, outsourcing, etc. for his clients which include telecom companies, media houses, IT companies, etc.
- He has written numerous articles on topics related to TMT law practices.
- He has a certification from EU GDPR Institute in GDPR Foundation, Application & Substance.
- He is an associate member of the International Association for Contract & Commercial Management (IACCM).
AJAY D’CRUZ
Mr. Cruz is the Vice President of ISS Facility Services India Private Limited’s Legal and Secretarial department. He is a tech-savvy lawyer and a company secretary with adverse academic qualifications ranging from law, commerce to technology.
Specialization and educational qualification
- He completed his LL.B. degree in the year 2005.
- He obtained the title of Associate Company Secretary(ACS) in the year 2007.
- He completed his master’s degree in Finance (M.Com) and Law(LL.M.) in the year 2005 and 2015 respectively.
- He has expertise in corporate laws, joint ventures, IT laws, litigation, and contract management as well as board, shareholder, and governance matters.
Achievements and Work
- He has worked at prominent companies including Jones Lang LaSalle Property Consultants India (JLL India) and GKB Carl- Zeiss India in prominent legal and secretarial positions.
- He also received the prestigious Magna Carta award during his seven-and-a-half-year tenure at JLL India.
- He was a member of the panel at the Corporate Legal Counsel Summit 2018.
- He has more than 16 years of experience in the field of law and even in secretarial functions.
- He has been recognized by Legal 500 UK and has been listed as one of the top 100 General Counsels in India in the GC Powerlist 2018 – India.
- He is a strong panelist, writer, orator, moderator.
- His understanding of technology and law along with technology transformation initiatives in the legal domain make him an olympian mind.
MATHEW CHACKO
Mr. Chacko is a partner at Spice Route Legal, a boutique law firm with offices in four different locations in India in Mumbai, Bangalore, Delhi and Kochi.
Specialization and educational qualification
- He graduated from the National Academy of Legal Studies & Research (NALSAR) University Hyderabad in the year 2003.
- He completed his Bachelor of Civil Laws from the University of Oxford in the year 2008.
- He specializes in cross border investments, data, technology, and trade flows.
Achievements and Work
- He has advised some of India’s leading technology companies on technology licenses, software development agreements, and distributor and reseller agreements.
- The technology law team headed by Mr. Chacko is divided into four practice areas:
- Fin-tech, blockchain and cryptocurrency;
- E-commerce;
- Privacy; and
- Outsourcing and general commercial agreements.
- He has advised on India’s first Token Generation Event that dealt with establishments of a decentralized crypto-exchange and on the formation of crypto-focused hedge funds.
- He is a member of ITechLaw and a part of the Organizing Committee in Bangalore, Singapore, and Hong Kong.
- The firm under his and the other co-founder’s hold has won various awards in recent years including:
- Rising Star Award 2017-2018 by the Indian Business Law Journal.
- Best New Law Firm 2017-2018 by the Indian Business Law Journal.
- Best Boutique Law Firms in Asia 2017 by the Asian Legal Business.
- He is a current member of the International Association of Privacy Professionals (IAPP).
ASIM ABBAS
Mr. Abbas is a partner at the J. Sagar Associates. He had served as a civil servant as the director (Tariff & Costing) in the Department of Telecommunication, Ministry of Communications.
Specialization and educational qualification
- He graduated in B. Sc. (Hons.) from the University of Delhi in the year 1986.
- He graduated in Law from the University of Delhi in the year 2000.
- He specializes in Technology, Media and Telecommunications (TMT).
Achievements and Work
- He has a diverse experience in TMT for more than 25 years.
- He had served as the Vice President (Legal) at Bharti Airtel Ltd.’s corporate office and been a partner at India’s prominent leading law firms including Cyril Amarchand Mangaldas and Khaitan & Co.
- He has advised on various topics related to technology including data protection and privacy, other service providers, value-added services, data center, app-based communication services, internet of things, Cloud Computing, telemarketing, smart cities gaming, digital maps for navigational services, etc.
- His expertise lies in TMT related work including policy, regulatory, contractual, compliance and approvals, transactional and litigation assignments.
SAJAI SINGH
Mr. Singh is a partner at J. Sagar Associates. He heads the Technology, Media and Telecommunication (TMT) practice and also chairs the Corporate Commercial Practice at the firm.
Specialization and educational qualification
- He graduated in law from the University of Delhi in the year 1990.
- He also has a post-graduate diploma in business management from the Institute of Marketing and Management, New Delhi.
- He specializes in transactional law, Television Broadcast Law, Cable Television Law, Copyright Law, Information Technology Law, Inbound Investments in India, Venture Capital, Private Equity investments, Joint Ventures, strategic alliances, and Mergers & Acquisitions.
Achievements and Work
- He was the first Asian president of ITechLaw.
- He was the first Asian to become the President of the International Technology Lawyers Association which is headquartered in the USA.
- He has advised various technology companies, E-Commerce ventures, Internet startups, Connectivity specialist conversion technology, and Technology based entertainment industry on a variety of matters including investing in India.
- He is India’s representative for ABA International and also co-chairs Indian committee of
- He has and continues to publish & speak on various legal topics at both International and National platforms.
- He has conducted various legal workshops at a part of ITechLaw in various countries including Colombia, Ecuador, Peru, and Chile.
SALMAN WARIS
Mr. Waris is a partner at the TechLegis, Delhi based law firm. He also heads the TMT and IP practice at the firm.
Specialization and educational qualification
- He graduated in law from Aligarh Muslim University in the year 1990.
- He completed his LLM from the University of Essex in the year 2004.
- He was a part of the PCMLP Programme in Comparative Media Law, Media Law, Communications Law, Information Technology and E-Commerce Law from the University of Oxford.
- He specializes in legal issues concerning IP, TMT, Outsourcing, Cybersecurity, data protection/ privacy law, M&A and Joint Ventures.
Achievements and Work
- He has advised various departments including the Department of Electronics & Information Technology, Ministry of Communications & Information Technology, and Director General of Information Systems, Ministry of Defence.
- He has been recognized by various publications and institutions including Expert Guide to the World’s Leading Information Technology Lawyers, International Who’s Who of Internet & e-Commerce Lawyers and Guide to World’s Leading Emerging Markets Practitioners, AsiaLegal500, International Financial Law Review Leading Lawyers (TMT) and AsiaLaw Leading Lawyers Guide.
- He has been the Vice-President of the International Technology Law Association, Data Protection Committee.
- He also has been a member of the “Task Force on Internet and Cyber Security” at the Institute for Defence Studies and Analysis and the Data Security Council of India – Thought Leadership Development Program.
- He is a prominent member of the International Media Lawyers Association, International Trade Mark Lawyers Association NASSCOM Emerge, TiE, IT Policy Compliance Group.
- He is a technology mentor of startups at ‘The Hatch’ which is a virtual incubator set up by Angel Investors Consortium.
- He is an efficient speaker and writer for various publications including TMT Finance (UK), the UK Data Protection Journal, India Business Law Journal, E-Finance & Payments Law & Policy Journal (UK), and many more.
Conclusion
As mentioned earlier, this is not an exhaustive list of Indian Lawyers well known for technology contracts as it is not viable to mention all the names in a single article.
With the rapid advancement in technology and increased complications in the legal technology world, for clients, it is worth pondering on the fact that how to choose the best lawyer for their work. A technology lawyer must have the knowledge to navigate and resolve the legal, commercial, and technological challenges in India as well as the World.
References
- https://www.tmtlaw.co.in/lawyers/abhishek-malhotra/
- https://us.sagepub.com/en-us/nam/author/rodney-d-ryder
- https://www.linkedin.com/in/rodneydryder/?originalSubdomain=in
- https://www.ima-india.com/cfort2020/Presentations/Arun_Prabhu.pdf
- https://www.vantageasia.com/digital-transformation-key-gcs/
- https://informaconnect.com/india-disputes/speakers/ajay-dcruz/
- https://www.legal500.com/gc-powerlist/india-2018/ajay-dcruz/
- https://ajaydcruz.com/
- https://www.jsalaw.com/lawyers/sajai-singh
- https://www.azbpartners.com/practice/technology-media-telecoms/
- https://www.jsalaw.com/lawyers/asim_abbas
- https://www.azbpartners.com/our-team/?cls=ajay-bahl
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:
