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Knowledge & Understanding of Business – Its Technicalities & Requirements – A Must Know for a Successful General Counsel – Natasha Fernandes, Head Legal, B4U Television

Knowledge & Understanding of Business – Its Technicalities & Requirements – A Must Know for a Successful General Counsel – Natasha Fernandes, Head Legal, B4U Television
THE PROFESSIONAL YOU
Briefly, tell us about your role in the organization and the mandates you handle?

My role in B4U Television Network India Ltd., pertains to handling the legal aspects of the Company which include documentation, advisory, litigation, regulatory, compliances, etc. I head the Legal for the India operations and am designated as the Head – Legal – India and am also a Director of the Company.

My mandate includes drafting and negotiating contracts related to Film Acquisition & Syndication, Film Distribution, Film Production, Channel Distribution, Real Estate, Sales, HR, Finance, IT, etc., keeping the relevant departments abreast with the latest legal updates and requirements, handling the litigation of the Company, liasoning and briefing advocates and counsels, strategizing litigation, liasoning with government officials, police, ensuring timely compliances with TRAI & MIB.

Tell us something about your journey so far as a General Counsel in India?

My journey so far has been a positive learning curve that has shaped me professionally. I began this journey in 2002, after completing my LL.B. from Government Law College, having started with a developer’s firm – GP Consultants & Developers as a Legal Officer. Whilst working there, I felt the necessity to understand court procedures, their working and functioning, hence joined a law firm, P.V. Nichani & Co. in 2003. Worked there for a year, practiced in courts all over Mumbai, including High Court, City Civil, Small Causes, Metropolitan Magistrate Courts, District Courts, Family Court, etc., interacted with clients, briefed counsels, drafted agreements, court documents, had an overall experience and a valuable exposure.

Always being inclined towards working in-house, thereafter I joined Shapoorji Pallonji & Co. Had a short stint there, and moved on to STAR India Pvt. Ltd., where my profile was limited to the programming section and real estate. Thereafter got an opportunity with B4U Television Network India Ltd. in 2005 in an independent role, designated as an Asst. Manager Legal and currently head the Legal for the organization. I have also had a short stint with the education sector, having worked with Times Centre For Learning Ltd., and have handled their contracts, policies and regulations in relation to the education tie-ups, website & other content acquisition, workshops, conferences, government work contracts, etc.

My role throughout my career has been very challenging and dynamic, constantly learning and evolving as a professional, growing by the day. I have shaped the legal department in a couple of organizations, managing all the legal affairs of the Company and it has been a fruitful journey with enriching exposure and experience. Drafting is an art and my passion, and when this passion is combined with my work life, it makes me look forward to each day.

Do you feel that the role of General Counsels is evolving in today’s business scenario?

And if so, how? Yes, I do feel the role of a General Counsel is evolving, it’s just not limited to the contracts and the advisory and the litigation management, but a very important aspect of this role is understanding the business and its requirements, and blending legal with business. To be a successful General Counsel, the knowledge and understanding of business, its technicalities, and requirements is a must. That’s when you can have a water tight contract envisaging a win-win situation for both parties. Once you understand the business transaction and practical functioning, mitigating business risks and minimizing future litigations becomes easy.

What are the key challenges that General Counsels have to deal with on a regular basis, irrespective of the industry sector?

There are numerous challenges that a General Counsel faces irrespective of industry. One is keeping yourself abreast and updated with the changing trends, business requirements, new developments in law and envisaging how it would affect the business and ways to sync it with business.

Another such challenge is negotiation of contracts and to bring them to a win-win situation. Many legal teams have a stringent approach towards clauses and are unwilling to change. Convincing them to change a particular clause such that it suits both the parties is a task, but having achieved it with such parties, is a feather in the cap.

Also, internally convincing the commercial departments of the requirement of a complete legal contract rather than a one-pager quick deal and also explaining them the legalities involved in the particular deal. So, to bring about parity of requirement, making shorter drafts and managing to cover all the necessary clauses is yet another challenge. However, meeting all the above challenges is what makes work really interesting.

What are your thoughts on improving synergies between law firms and corporate in-house legal teams?

During my career path with varied organizations, I have worked with numerous law firms and with time the firm and our department have always synced in and produced a wonderful combined effect. It’s very important to understand each other’s functioning and way of working. When you build a rapport over time, you ultimately spend less time on achieving the desired result, as both understand how the other functions, the requirements and the deliveries, and are able to get a more constructive and effective output together. It’s necessary to work as one team rather than as two separate entities.

What are some of the key tools that General Counsels can use for continued learning education (CLE)?

Interaction amongst groups, putting alerts to the interested topics, surfing informative websites and applications, and most importantly reading and understanding the intent to have it submerged in your mind, is the key to keeping yourself updated and continue learning.

Any advice for someone exploring a legal career as an in-house counsel?

An in-house counsel is a very challenging and dynamic role that is a blend of the skills of a lawyer, a draftsman along with having a business acumen. It’s important to know about the industry that you are seeking to work in, understand the laws that would affect such industry and have good drafting skills. Have your concepts clear and know procedural aspects of court functioning too. Be proactive and take interest in learning work right from the scratch level, even if that involves knowing the work of the office boy that supports your function.

THE CASUAL YOU

Favourite Gadget – My mobile phone
Favourite App – Shopping apps since this is the casual me
Favourite Automobile Brand – Maruti
Favourite Writing Instrument – Gel pen
Favourite Holiday Destination – Goa
Favourite Cuisine – Chinese

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