In Conversation With Tanu Banerjee, Partner, Khaitan and Co

How and when did you know becoming a lawyer was your life’s true calling? 

I am a first-generation lawyer and had very limited exposure to the actual practice of law until I started practising. Fortunately, having worked on some really high-profile matters in the early years of practice, I saw the legal profession in its full glory right at the beginning - be it the incredible court craft of senior lawyers or tough negotiations in high stake corporate deals. Those years, as a junior lawyer were challenging, but I realised how lawyers can make a difference at multiple levels – not only in deal-making or in a litigation battle, but also in shaping policies and the regulatory and legal landscape of the country. 

Would you please tell us about your specialisation and the array of work you handle at your firm? 

At Khaitan & Co, while part of the larger Corporate and Commercial and TMT practice, I specialise in Technology, Media & Entertainment. I work closely with technology and media clients, such as AI companies, IT service providers, OTT platforms, gaming companies, social media, digital media, broadcasting companies, production houses, film-makers and celebrities, on a range of matters. This includes matters relating to commercialization of software and content, global and domestic software services contracts, technology collaborations, structuring features/functions of technology products or digital platforms, content partnerships, platform partnerships, content distribution, film production, advertising and branding deals, celebrity partnerships etc. I also work with both domestic and foreign clients on corporate transactions in the Technology and Media sector, such as M&A, investments, fundraise, joint ventures, corporate restructuring, business transfers, and general advisory on legal and regulatory compliances in India. 

What are your predictions in the area of specialisation mentioned above? What are some of the upcoming trends in the industry?  

The Technology, Media and Telecom sector is the most dynamic and interesting space at the moment. In 2020, we all saw an enormous increase in the consumption of content, and in use of technology across all business sectors. As a result, in 2021, the Technology, Media and Telecom sector was constantly in the headlines, given several new regulatory and policy changes and legislative amendments were introduced in the sector - such as the new IT Rules for intermediaries, social media, and digital media companies or the New Tariff Order (NTO) introduced by the Telecom Regulatory Authority of India. Some stakeholders challenged these in the courts as well. 

As of now, a lot of ground is yet to be covered before we reach a balanced regulatory landscape – not just in India but globally. We are likely to see further amendments and fine-tuning of existing laws and regulations such as the Copyright Act and rules, IT Act and IT Rules, Cinematograph Act, online gaming laws etc. We will also see the much-awaited outcome of several critical proposed legislations and bills. 

As for upcoming trends, I see clients operating in the Technology and Media sector increasingly wanting specialised legal advice for their new-age businesses and offerings. This has meant an increased need for specialist lawyers to not only have sound legal knowledge but also be abreast with market practices and international trends in the relevant sector. 

As a new-age lawyer, what to your mind is the one thing in the current legal ecosystem at the Bar, Bench, or in the Law Firms that needs our attention? 

Traditionally, the legal profession has struggled with diversity and inclusion, and I believe that is a missed opportunity for everyone. A diverse set of professionals in any organisation can bring in diverse opinions and drive better decision-making and innovation. Today there is a crunch for talent in the legal fraternity, which can be solved to a great extent with a more diverse and equitable legal industry. 

As a subject, diversity and inclusion has been discussed in law firms for many years, and so I believe the intent to have a more environment has been there since long. But today, there is a greater need to make tangible efforts towards inclusion in terms of gender, disabilities, sexual orientation etc. Creating better policies and programs around this is a great starting point, but law firms and lawyers also need to consciously foster a cultural shift and increase awareness around diversity. 

While it is encouraging to see the increase in statistics of women in law and in leadership roles, would you say things have become easier, or does the way to the top continue to be a journey through labyrinths and mazes for women?

It is heartening to see constant improvement in gender ratios across the legal fraternity. Earlier this year, we witnessed a historic moment, when four women judges were elevated to the Supreme Court. That itself is a great marker for the fact that things have changed. 

Of course, the number of women in leadership roles in the legal industry is lower in comparison to their male counterparts. I believe the reason for this is not because the journey to the top for women is a maze, while men have it easier. The path to the top in the legal industry is one of hard work and determination, and that is agnostic of one’s gender.  Day-to-day experiences for women could be more challenging, especially as one moves towards leadership roles, given the multiple roles most women traditionally play in their personal lives. 

A big reason for gender inequality in leadership roles today is also because until a few years ago, the number of women wanting to enter the legal profession itself was much lower. As a result, the infrastructure needed for women to be able to sustain the demands of the legal profession was inadequate and remains so to a large extent. Inadequate infrastructure, in turn, led to different women falling off the ladder at different stages of their lives”. 

But I see an increasing shift in the traditional mindset around the role of women in general. Today, the gender ratio between law students and younger lawyers is at par. With more women joining the profession, the need for better infrastructure and facilities for women at workplaces, the need for flexible working models, behavioural sensitivities etc. are increasingly being acknowledged.