In Conversation with Malak Bhatt: Exploring the Dynamics of White-Collar Crime and Insolvency Law

Interviewed by Zoya Ahmad

Malak Bhatt

1. To begin with, could you tell us about yourself and what inspired you to choose a career in law?

Growing up in a family of lawyers, the path to a legal career felt almost inevitable for me, despite my early interest in Science during high school. The discussions at home about legal cases and court proceedings always intrigued me, and eventually, my passion for law outshone my initial learnings towards a Science-based profession.

Since joining Shardul Amarchand Mangaldas in 2012, I have had the privilege of representing clients in large-scale litigation and anti-corruption compliance for foreign companies in India. Under his mentorship, we focused on establishing white-collar crime as a niche practice area within the firm. Our comprehensive advisory work soon led us to handle numerous court cases in this field, particularly around 2017-2018 when criminal investigations by agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and Serious Fraud Investigation Office (SFIO) surged.

When I ventured into independent practice, I further honed this expertise, continuously evolving with the complexities of the field. What fascinates me most about white-collar crime practice is its intersection between criminal law and other domains such as commercial and taxation laws. This dynamic interplay keeps me engaged and constantly learning in this ever-evolving area of law.

2. How did your education at NALSAR and Oxford shape your approach to law? Please share some of your most memorable experiences from your time at these institutions.

The comprehensive curriculum at NALSAR, particularly its emphasis on procedural laws, played a pivotal role in shaping my grasp of court processes. While these subjects might have seemed tedious during my academic years, it became evident early in my practice that they were the bedrock for navigating court procedures effectively. The way these subjects were taught at NALSAR laid a strong foundation that I continually rely on in my litigation practice. My advice to aspiring litigators is to focus intently on the nuances of procedural laws — whether it’s the Civil Procedure Code, 1908 (CPC), Criminal Procedure Code, 1973 (CrPC), or the Evidence Act, 1872 — as they form the core of any successful legal career.

In addition to this, the socratic method at Oxford deeply ingrained in me the habits of self-study, detailed analysis, and the crucial ability to connect concepts across different areas of law. This skill of “joining the dots” is indispensable when dealing with the complexities of court cases, and it’s a practice I urge every lawyer to develop.

3. What inspired you to found NM Law Chambers, and what was the vision behind it?

Founding NM Law Chambers was driven by a desire to create a firm that reflects a deep commitment to integrity, excellence, and innovation in the practice of law. My vision was to build a practice that not only offers top-tier legal services but also fosters a collaborative and client-focused environment. I wanted to establish a space where we could approach complex legal challenges with a fresh perspective, blending traditional legal expertise with innovative strategies tailored to the evolving landscape of law.

At the core of NM Law Chambers is the belief that the law should be practised with both passion and precision, always keeping the client’s best interests at the forefront. My goal was to create a firm that values each client’s unique needs and delivers solutions that are not just legally sound but also practical and effective in achieving their objectives.

4. What challenges did you face when transitioning from a large law firm to starting your independent practice as an AOR?

Transitioning from a well-established big law firm to starting my own practice as an Advocate-on-Record (AOR) at the Supreme Court of India came with its share of challenges, but it was a journey that ultimately strengthened my resolve and deepened my understanding of the legal profession.

One of the significant challenges was shifting from the extensive resources and support systems available in a large firm to the more hands-on, self-reliant approach required in independent practice. At a big firm, you have access to a wide network of colleagues, research teams, and administrative support, which allows you to focus primarily on the legal work itself. Moving to an independent practice meant that I had to wear many hats — managing not only the legal aspects but also the administrative, operational, and business development sides of the practice. This transition demanded a high degree of adaptability and resourcefulness.

Another challenge was building and maintaining client relationships. In a big firm, clients often come with the firm’s reputation, but when you start your own practice, you need to establish your brand and earn the trust of clients on your own merit. It required me to leverage the experience and reputation I had built over the years, while also demonstrating that I could provide the same level of expertise and dedication independently.

However, these challenges also brought immense satisfaction. They allowed me to shape my practice according to my own principles, build a team that shares my vision, and directly impact the outcomes for my clients. The transition was a test of resilience and determination, but it was also an opportunity to grow as a lawyer and as a leader in the legal field.

5. Could you explain the reasons behind your interest in white-collar crimes and insolvency law? Additionally, could you share the most challenging and rewarding aspects of working in these fields?

My decision to develop a practice in white-collar crimes and insolvency law was driven by a fascination with the complex and often high-stakes nature of these areas. White- collar crime, in particular, sits at the intersection of criminal law, corporate governance, and regulatory compliance, making it a challenging yet intellectually stimulating field. The intricacies involved in understanding financial regulations, corporate structures, and the often subtle nuances of criminal intent require a deep level of expertise and strategic thinking.

Insolvency law, on the other hand, is closely tied to the economic health of businesses and the broader market. The ability to navigate distressed assets, restructuring processes, and creditor-debtor dynamics is crucial in providing effective legal solutions that can make or break the future of a company. What drew me to this practice area was the opportunity to play a pivotal role in the revival or resolution of financial distress, which has far-reaching implications not just for the businesses involved but for the economy as a whole.

Additionally, white-collar crime cases often involve significant reputational risks for the individuals and entities involved, requiring a delicate balance between legal strategy and public relations. In insolvency cases, the challenge lies in managing the often competing interests of various stakeholders, from creditors and debtors to employees and shareholders, while finding a solution that aligns with legal obligations and commercial realities.

Despite these challenges, what I find most rewarding is the ability to make a meaningful impact in complex and often contentious situations. Whether it’s defending a client in a high-stakes white-collar crime investigation or guiding a company through the turbulent waters of insolvency, the work is both challenging and deeply fulfilling. It allows me to combine my passion for law with the opportunity to help clients navigate some of the most critical moments in their professional lives.

6. How have you seen the field of white-collar crimes and insolvency law change over the years, and what do you think has driven these changes?

Over the last 8-10 years, the fields of white-collar crime and insolvency law in India have undergone significant transformations, driven by legal reforms, regulatory changes, and an increasing focus on transparency and accountability.

White-collar crime

One of the most notable changes in white-collar crime law has been the heightened enforcement by regulatory agencies like the CBI, ED and SFIO. There has been a clear shift toward more aggressive investigations and prosecutions of financial crimes, including money laundering, fraud, and corruption.

The judiciary has also played a pivotal role in shaping the landscape of white-collar crime law. Courts have increasingly taken a hard stance against economic offenders, ensuring that the legal process is not only rigorous but also expedited in cases of significant public interest. High-profile cases involving prominent business figures and corporate entities have underscored the judiciary’s commitment to curbing white-collar crimes.

There has been a growing emphasis on corporate governance and compliance, driven by both regulatory mandates and a broader awareness of the need for ethical business practices. Companies are now more vigilant in implementing internal controls, conducting audits, and ensuring compliance with legal standards to avoid potential liabilities.

Insolvency law

The IBC marked a shift from a debtor-friendly regime to a creditor-driven process, where creditors have the power to decide the fate of a company through the Committee of Creditors (CoC). This has led to a more balanced approach in insolvency proceedings, ensuring that the rights of creditors are protected. The time-bound nature of IBC proceedings has been instrumental in reducing delays that were previously common under the older regimes. Over the past few years, the Supreme Court and other courts have played a crucial role in interpreting and shaping the Insolvency and Bankruptcy Code, 2016 (IBC). Landmark judgments have clarified the law, addressed ambiguities, and reinforced the principles of the IBC, making it a dynamic and evolving area of law.

The combined changes in both white-collar crime and insolvency law have had a profound impact on the legal landscape in India. There is now greater accountability for financial misconduct, and businesses operate under stricter legal scrutiny. The IBC, in particular, has been a game changer, leading to faster resolution of distressed assets and contributing to a healthier business environment. These changes reflect India’s broader commitment to improving its legal infrastructure and creating a more transparent and predictable business climate, which is essential for attracting investment and fostering sustainable economic growth.

7. What advice would you give to young lawyers aspiring to specialise in white-collar crimes or insolvency law

A career in white collar crime and insolvency litigation is often a challenging and uphill journey. The gestation periods can be long, the rewards may be modest at the outset, and early recognition is rare. My advice to young lawyers navigating this demanding path is to remain steadfast in your passion for the law. Easy gains come quickly but are often fleeting, whereas lasting reputation and recognition are earned through perseverance and dedication.

It is crucial to uphold the ethics of this noble profession at all times. The legal field is vast, inclusive, and constantly evolving. As you stand at the crossroads of your career, you will encounter conventional paths, but also new and emerging avenues that may ignite your passion.

Never shy away from exploring these uncharted territories. The law is a multi- dimensional field, rich with opportunities for those willing to pursue their convictions with courage and integrity. If you believe in what you are doing, follow that path with confidence, regardless of how unconventional it may seem.

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *