Live telecast of how one of the finest indian law firms is going into history book
A case study of how a great law firm was built and then destroyed.
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@nishithdesaiassociates
Live telecast of how one of the finest indian law firms is going into history book
A case study of how a great law firm was built and then destroyed.
We were tempted to title this post “Baap numbari, beta dus numbari” but we decided to keep it formal given the gravity of this post. Nishith
$~9 *. IN THE HIGH COURT OF DELHI AT NEW DELHI. +. I.A.Nos.2346/2020, 2348/2020, 4303-05/2020 & 4777/2020 in CS(OS)No.67/2020 ANURADHA Throu
Anuradha Vs Bajrangi: Bajrangi's mega disclosure - NDA's data already with ED, CBDT and the Black Money Commission.
Khaitan fans - Bijal & Siddharth
One of the early members to join NDA in the mid 1990s was a family friend of Nishithbhai. His name was Siddharth Shah, affectionately known as Sid. Sid was actually an engineer, and was a bit lost about what to do in life, when Nishithbhai managed to convince him to join NDA.
Sid, even though did not have a formal legal training, picked up the ropes really fast, and became a key member of the funds practice at NDA, which boomed as more and more funds entered India. He also developed a strong expertise in the Real Estate vertical, and became a sought after name among the clients.
Bijal Ajinkya joined NDA at the turn of the century. She was bright lawyer and Nishithbhai immense saw potential in her. She was a Gujju to boot and a lady – NDA has always had an above average gender ratio (and a completely skewed regional ratio). Bijal worked very closely with Nishithbhai on the Azadi Bachao Andolan case, the case that Nishithbhai holds like a medal or a trophy, and which really provided his discovery, i.e. the Mauritius Route the judicial stamp of approval. Working on this Azadi Bachao Andolan case provided a boost to Bijal’s career at NDA like nothing else could, and she became a leading lawyer in the firm in a very short span of time. Of course, when Shefali Goradi quit in 2008, Bijal became the number two in the International Tax practice at NDA (after NMD of course) at a very young age.
According to the NDA grapevine, Bijal and Sid developed a liking for each other and there were signs that they were having an affair. Whatever, it may have been, in 2012, they decided to quit NDA. Just like the departure of Shef, this was a shock and a setback for Nishithbhai. Bijal & Sid quit NDA in early 2013. While many had expected that they would set up their own practice, given the goodwill and name they had earned among the NDA clientele in their areas of expertise, both of them ended up joining one the largest law firms – Khaitan & Co. This meant that Khaitan & Co could now provide strong competition to NDA in two areas which were NDA’s sweet spots. This also meant loss of clients for NDA.
Nishithbhai scrambled to put new leaders in place of Bijal and Sid, but they were not of the same calibre, especially in the areas that Bijal & Sid were heading. Over a period of time, NDA has been able to develop new leaders such as Richie Sancheti, Ruchir Sinha etc., but has had tough time retaining such folks. Once such a professional grows to a certain level, he/she starts feeling suffocated at the firm, because Nishithbhai has never embraced a true partnership model. NDA has always been Nishith Desai AND associates. Only the die-hard chamchas of Nishithbhai, most of them family friends, have stuck around, but their quality is suspect.
Parul Jain
Sometime around 2005 another young CA joined NDA. She came to NDA after a short stint at PwC and was fascinated with the field of International Tax which had become red hot because India had become one of the top destination for foreign investment. There was no better place than NDA for International Tax.
Shefali had become the leading name in International Tax in India, and a role model for many CAs. Parul wanted to follow Shef's footsteps. She started working as an understudy to Shef. Shef on her part ensured that Parul did not lose out in the firm on the account of not being a lawyer.
When Shef left NDA in 2008, Parul was left with no support. Not being a lawyer was not the only handicap for Parul. She was not a Gujju. NDA back then was full of Gujjus (even today there are quite a lot of them), many of them being Nishithbhai's friends and family. In many ways, it resembled a motel in New Jersey. Gujjus had a distinct advantage in NDA. So when Shef left, the number two spot had to filled by another Gujju. Specifically for International Tax, another young Gujju lawyer Bijal Ajinkya was propped up to lead.
Bijal was about the same age as Parul, so it was difficult for Parul to digest that she had to work under Bijal. She also did not have the same professional respect for Bijal as she had for Shef, perhaps due to the fact that just like Shef she also considered lawyers below the CAs.
Whatever the circumstances may have been, Parul was feeling lost after Shefali's departure. Meanwhile, Shef also was feeling the weight of expectations at BMR, and had started targeting NDA's clients and later its employees. Parul was an easy and a natural target. Sometime in 2010, Shef managed to entice Parul to join BMR and she left NDA in the end of that year.
Exit of Parul was not really a major event in NDA. Or so it seemed. Shef had poached Parul not just to add one more member to her team in BMR. She needed someone to do the dirty job of poaching NDA's clients. The idea was to make Parul do that. So soon after Parul joined BMR, they started approaching many of the clients they had serviced in NDA, and many of them switched over to BMR.
This was not the only damage done by the exit of Parul. Just before she left, she made copy of all the NDA's data she could access. This included not only the NDA's properietry research that Nishithbhai is proud of, but also the confidential information of the clients. This "data theft" was to hit NDA very badly, much later.
The sinking of a ship is almost always preceded by a leak. That there was a breach in this Titanic that Nishithbhai had created, should not come as a surprise to readers who have read one of the ea…
How data theft at Nishith Desai Associates brought the law firm down.