"The current times are momentous to promulgate Data Protection law to regulate privacy"—Nitin Mittal, Head of Legal—Regional Advisor to the global Signify Foundation
Many Congratulations on featuring in BW Legal World’s General Counsel 100 list for the year 2020. We’d love to know about your journey so far, most memorable experiences, and your thoughts on receiving this Award.
First of all, thank you for the recognition bestowed upon me by your prestigious institution. It is indeed an honour to receive it and also this lends credence to the hard-work that the legal community is doing – whether in-house or in practice. The Legal profession has always been a prestigious profession and the recognitions that the in-house teams are garnering are very heartening, to say the least.
I began my career almost 20 years ago, when I passed out as a qualified company secretary and also a law graduate. Fortuitously or otherwise, my entire education has been outside my hometown (Meerut)—initially in a boarding school—St. Georges College, Mussoorie till Senior Secondary and post that at Delhi. As I firmly believe in continuous education and, to that end, I have over the last 20 years, while working, earned post graduate degrees in Management ( Finance ) from AIMA, Masters degree in business law from National Law School Bangalore, LL.M(P) in Criminal Law from NLU, Delhi and also completed an Executive Education Program in Leadership, Collaboration, Management organized by my company—Signify in collaboration with Harvard business School.
Contrary to general practice and to take advantage of my CS degree. I started my career with a corporate, not a law firm, and responsibilities at the beginning of my career were multiple – not only law, but also finance, insurance, administration and real estate. I would say initial 5 years in my career were a big struggle—with doubts arising in my mind whether I was in the right profession. But, gradually with focus, hard work and determination, I drifted to the core area of law, as my passion and interest attracted me to it and my predominant role became that of a General Counsel. Being from a business family, I had inherited good commercial acumen that put me in good stead in the corporate. As a lawyer, one needs to master not only the law part but also the business side of problems and give advice that makes commercial sense as well.
For the last two decades, I have been heading the legal function for companies that I have worked for. I am currently working with Signify ( earlier Philips Lighting) – for the last five years and , before that, I was with a German multinational called OSRAM for around ten years. Being an in-house lawyer and having worked at companies with global presence, getting exposure to different functions and people with different cultures within different business contexts has really shaped me as an in-house lawyer, and given me a holistic view of complex business issues, and how the external and internal environment changes.
What do you attribute your success to? What would you say has helped you emerge as a top General Counsel in your industry?
I attribute my success to a number of factors, namely:
The most important quality I think for me was displaying impeccable integrity and a strong value system. A GC not only needs to demonstrate steadfast integrity at all times, but he has to been seen to be doing it as well. Perception is everything!
The General Counsel is like Ceaser's wife— must “always be above suspicion.”
To stay on top of your game or to say “ahead of the curve”— it was imperative for me to re-invent myself by learning new skills not only in law, compliance but also in collaboration, management and leadership. A General Counsel needs to be proficient in understanding various facets of a problem while donning different hats—finance, management, administration, commercially before he can render a holistic advice. I have never shied away from taking additional responsibilities whether in law or otherwise and that has held me in good standing over my career.
Ultimately, whatever I do, I devote my entire attention and passion to that task; just give my complete best. This not only gives me self-satisfaction but is also an overall confidence booster. One can experience failure but these are always stepping stones to eventual success in life and hence the qualities that I mentioned before should be inculcated from an early age; and the right habits in order to lead to the right actions.
What advice would you have for others who want to set off in a similar direction?
Apart from what I said earlier in the preceding question, I would like to add that one should continuously reflect and introspect on what areas where one needs to reskill and equally important to discard skills that are not important anymore. Enhancing knowledge in wide repertoire of areas in law whether transactional law, commercial law, criminal law or for that matter Constitutional law, comes to one's rescue when GCs have to expound on complex problems
I would also say the in the current global environment, lawyers should also be abreast of legal systems in other countries like US, UK and the European countries. Such exposure and knowledge expands ones thinking horizons and gives one a competitive advantage, especially in an MNC company, where one can be exposed to cross border transactions.
Being abreast of development in the latest judicial precedents, regulatory changes, as well as keeping pace with contemporary legal discourse is imperative to keep one's mind fertile for new thoughts and ideas and at the same helps in keeping the organization fully compliant and prepared for the future.
To be successful, I would advice young lawyers to continuously introspect on the future and how best to be prepared for it- only then can be prepared for it. The future is hear today and we shall fall behind if not prepared in the past!
I quote from the book “ Who Moved my cheese- by Dr. Spencer Johnson”- Adapt to change quickly: The quicker you let go of old cheese, the sooner you can enjoy the new cheese.
Would you please share with our readers the array of work you handle at your organization. What is your in-house team size, and would you please allow us a little peek into your routine at work?
I am currently responsible for:
I joined Signify 5 years back as Head of Legal for India but within a period of 5 years, have been able to expand my responsibility considerably for which I can thank only my managers(past and present) and my team for their support.
I have a very lean team comprising of only 3 members including me. The other 2 members support me for India related topics but other countries/ regional matters I handle the tasks myself:
(It involves spending time on multiple and complex regulatory framework to monitor and comply; along with managing multiple stakeholders. Recently, was extremely honoured and pleased that Signify India received the Golden Peacock Awards for Excellence in Corporate Governance from the Institute of Directors in 2021- which is regarded as the holy grail for corporate governance worldwide)
On any typical day I would start my day with our regular leadership meeting, followed up with an update call with my team, then maybe with reading a complex project contract(India or Pacific) and preparing legal notes, red flags, and other concerns for the business team to review, advising on a potential litigation case filed by a third party or a potential legal action to be taken by the company, strategizing to counter a threat of criminal prosecution, a real estate deal( disposal of property or a lease), advising HR folks on some labour law issue, trainings on compliance, trainings on contracting, advising businesses on new regulations or law, a privacy issue in the current times, advising on wide range of compliance topics, discussion with global legal folks on new legal templates to be rolled out and ideation on best ways to do it, or interacting with Board members for the upcoming Board meeting.
Currently, I am working on an interesting assignment to design e-learning on contracting for the company and also responsible for imparting contracting training for projects across the Region.
In what ways has your business sector/industry been impacted by the pandemic and the subsequent second wave? How long would it take for the industry to revive?
Signify is the world leader in lighting for professionals, consumers and lighting for the Internet of Things. Our energy-efficient lighting products, systems, and services enable our customers to enjoy a superior quality of light, and make people’s lives safer and more comfortable, businesses are more productive and cities more liveable. With 2020 sales of EUR 6.5 billion, approximately 38,000 employees, and a presence in over 70 countries, we’re unlocking the extraordinary potential of light for brighter lives and a better world.
Our India & Pacific business can be broadly categorized into consumer channels and professional channels. India business consumer channel has been impacted as ultimately we do depend on retail sales[ e-commerce sales is still picking up] and with the spread of the virus and lockdown being imposed, our customers are unable to physically go to our stores and pick up their favourite lighting brand. I expect Q2 to be slow and hopefully, Q3 will pick up with improved medical infrastructure and widespread vaccinations.
What have been your key learnings as the legal gatekeepers of your company from the year past and what are your predictions for the future?
Last year has been a very challenging but also an eye-opener for everyone including the legal function. I cannot help but quote Shakespeare here:
“ There is a tide in the affairs of men
Which, taken at the flood, leads on to fortune;
Omitted, all the voyage of their life
Is bound in shallows and in miseries.
On such a full sea are we now afloat,
And we must take the current when it serves,
Or lose our ventures”
Last year was this ‘tide’ which comes once in a lifetime- which can either drown us or we can reach the shore. While, the year presented unprecedented challenges, it also presented numerous opportunities to introspect on certain ways of working which we can change and how we to shift to digital way of working, enhance pro-active collaboration virtually, learn to adopt to remote way of working, demonstrate leadership through empathy, and also in these tough to strengthen our role as the lodestar for the company.
I am particularly proud to be associated with the company when it launched certain new products and productions in the UV-C space. Philips has been the leader in UV-C Lighting in the last 35 years and to leverage that experience in new products was something that the business did with reasonable success- and we are glad to be part of that journey. UV-C will continue to play a major role going forward in inactivating germs whether on surfaces, water or air.
The future will be equally challenging but if the legal function can be agile, change-ready, open to the adoption of tech in all areas of operation and to radical collaborations—it will continue to stay relevant from time to time else be rendered irrelevant.
Any significant legislation or decision of the top court that has been a welcome change or has been rather mistimed in your opinion.
On introducing Data Protection laws, I think the government is dragging its feet and the current times are momentous to promulgate such a law to regulate privacy which is much needed in this invasive digital era occupied by now large monopolistic social players.
What last year has shown us is that no one can clearly cover all risks in a contract- let alone lawyers. To quote Carl Richards from The Behavior Gap- “Risk is what’s left when you think you’ve thought of everything.” Provisions on Force Majeure, forecasting, payments were some risks that could not have been fully planned. The controversy on Force Majeure clauses clearly demonstrated this point. Hence, it is important for lawyers and businesses to again revisit the boilerplate clauses in contracts and see if they need to updated/ revised considering the changing times. It is also imperative to review these contracts from different perspectives— both Sales & Purchasing. It would be apt to keep contracts simple though nimble.
On introducing Data Protection laws- I think the government is dragging its feet and the current times are momentous to promulgate such a law to regulate privacy which is much needed in this invasive digital era occupied by now large monopolistic social players;
The revised labour code should also have been introduced in a structured and phased wise manner to further introduce ease of business, but unfortunately the same has again been kept in abeyance.
The recent decision of the Supreme Court in the case of PASL Wind Solutions Private Limited Vs GE Power Conversion India Private Limited (2021), was a momentous decision as it held that two or more Indian parties can choose a foreign seated arbitration to resolve their disputes. This enhances party autonomy which is the purpose of choosing arbitration.
The Supreme Court and the High Courts have been reasonably agile to adopt the digital way of working and conducting hearings virtually; of course, these cannot replace physical hearings fully but it was heartening to see the swift adoption of technology considering all the constraints under which our Courts operate.
The changes to the ConsumerProtection Act including rules for e-commerce transactions are steps in the right direction.
An experience, matter or person that left a lasting impression on you.
In my career over the last 2 decades and also prior to this, number of people and fortuitous experiences have left me wiser and also transformed me into a better person & professional. I imbibed a number of qualities from different people: the importance of work ethos and hard work from my grandfather, commercial acumen and foresight from my father, structural thinking from a CEO I worked with in early 2000s and asking the right questions and looking at problems holistically from my past and present manager.
I am really indebted to the opportunities provided to me when I worked with OSRAM(part of Siemens earlier) including introducing me to the function of global compliance- which really accelerated my career in terms of exposure to leadership programs in Siemens, cross-functional, cross-company, multi-jurisdiction collaboration.
Also, a number of large and critical events whether in M&A, criminal litigation, legal advisory, board management, crisis management, leadership have contributed to making me a better professional but what has perhaps been one of the turning points is my willingness to assume responsibility and accountability for my actions and my team regardless of result, being hands-on on all matters and leading from the front.
Company Law Departments of the future: LegalTech tools that are transforming the traditional methods of in-house legal work in India.
It is very important that everybody is on the same page when you are rolling out technology initiatives in the company.
I think going forward a lot of traditional work that lawyers do will be done through technology. It is my belief that lawyers should be freed up from routine, procedural matters and should focus more on matters where they can add the most value- whether complex or not. In order to free up legal resources from routine legal matters- Signify global legal department has rolled out a Legal BOT, which will currently help to answer and guide basic questions on NDAs and going forward is expected to answer questions on contracting, governance policies, compliance and possibly also provide some creative solutions.
Ultimately, each department has to embrace technology and use it to accentuate its strengths and add value to the company as resources are getting more and more scarce and expensive. I think the mindset is that technology is there to stay, whether it’s analytics, whether it is blockchain, whether it is artificial intelligence. But the question is how do you use it successfully in a cost-effective manner? And these new technology initiatives also pose challenges, because they should be understood by all the participants and the rationale should be justified, otherwise it will not work. You have to have a buy-in from everybody – if you roll out and people don’t fully understand it, or fully understand the benefit and simplicity that it brings, it will not work in the long term. It is very important that everybody is on the same page when you are rolling out technology initiatives in the company.
What keeps you busy when you’re not working? Any favourite book or movie/series that you'd like to recommend to our readers.
I love to read and in the last year have read numerous books on varied topics including law. Currently reading “Team of Rivals by Doris Kearns Goodwin”. It is an extremely riveting book on leadership, empathy and narrative history- written beautifully; it narrates how Abraham Lincoln prevented the Civil war from destroying the Union and also abolishing slavery. Recently, I have read the following books on diverse topics, which I would like to share and ask the readers to also read and enjoy:
On TV series: I love watching Netflix and my few favourite series are Breaking Bad, Line of Duty, and Luther; basically, I like drama and legal thrillers.
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