Mastering Litigations with Monika

The role of an in-house counsel is a dynamic blend of strategic advisor, risk manager, and business partner. In this episode of "The Counsel's Code," we sit down with Monika Sachdeva Arora, a legal leader who has mastered the art of navigating complex corporate environments and high-stakes litigation.

Meet the Speaker: Monika Sachdeva Arora

With around 20 years of rich experience, Monika Sachdeva Arora is the Head of Legal and Compliance for Mahle, a major German automotive part manufacturer. Her career has been marked by a versatile range of in-house roles, including legal manager positions at Emirates Shipping Line and Continental Engineering.

Monika's expertise in corporate matters, IP, contracts, and compliance management has earned her significant recognition, including being named one of the Top 100 General Counsel by BW Legal World in both 2022 and 2023.

Key Insights from the Conversation

How did you get into the field of law? How did you tackle the 1st 90 days in an organization?

Monika’s path to law felt natural. Coming from a family with many judges and advocates and having a father who was a law graduate, "legal discussions... on various topics in the house" were common. She was drawn to corporate law for the "intellectual stimulation and constant learning opportunities."

When starting a new role, her "first 90 days" are focused on a deep-dive analysis. She makes it a priority to "understand the industry type, the various applicable law and related risks" as well as the "organization, its policies, the various internal processes and culture." She says this helps her "fit in... more aptly and manage my work more effectively."

How did you work internally with all the CXOs?

Having often been the sole legal counsel for her organization, Monika has worked directly with all departments. She views her role as a multi-faceted partner:

• To Management: Providing advice on compliances and legal insights for M&A and risk management.

• To Procurement: "Standardizing frequently used contracts" to streamline reviews and approvals.

• To Finance: Reviewing "various banking agreements" and "drafting... inter-company agreements."

Can you share your experience working with companies like Mahle, Continental Engineering, Emirates, and others?

Monika has faced several significant challenges. A key strategy she implemented to improve efficiency was to "prepare set of templates" for frequently used documents like NDAs, leave and license agreements, and—at Emirates—undertakings for customs.

She also recounted a particularly challenging litigation where a petitioner obtained an injunction. After her team got it vacated, the petitioner "moved to the Division Bench... the ICC arbitration... the District Court and Supreme Court." It was a high-pressure situation, but her team successfully "got the orders in our favors" at every single forum. She also "solely handle[d] a de-merger for the first time," ensuring a smooth transition from a JV to a 100% owned business.

How do you see the role of an In-house counsel changing with evolving tech?

The role has "changed a lot in the past two decades." In the 2000s, many companies "could work without in-house counsels." Today, they are seen as "strategic business partners who are providing cross-functional collaborations." She notes that in the future, the role will only expand to include "more and more focus on" ESG, AI, cybersecurity, and data privacy.

What are your views on outside counsel?

Monika describes the relationship as "teamwork." The in-house counsel, she explains, "know[s] the in and out of all the cases" and has "direct contact with all the departments." They provide this "correct knowledge" to the external counsel. Both are essential to "achieve the desired results," and she emphasizes that the external counsel's specialized expertise "matters at the end."

What are your views on AI? Is it an opportunity or a threat?

Monika is clear: AI is "definitely" an "opportunity" and "the need of the hour." She does not see it as a threat, stating, "it's not possible to entirely replace the humans in a complex... legal and compliance world." Instead, she views AI as a tool that will "help the legal profession to save on time and energy" for basic research, drafting, and staying on top of "fast-changing compliances."

What are your views on CLM software? How has your experience been?

She calls Contract Lifecycle Management (CLM) software a "handy tool" for legal departments. She identifies its key benefits as:

1. Acting as a "central repository for all the contracts."

2. Helping to "track... important dates, important terms and conditions."

3. "Reducing on time and efforts on negotiation and execution of contracts."

How do you manage the complexities of litigation?

Monika uses a highly structured process to manage litigation:

• Knowledge: Understanding industry-specific laws and practices.

• Resources: Proper "allocation of budget, time, and people."

• Triage: "Prioritize the cases based on the risk assessment."

• Communication: Ensuring "effective communication [and] regular updates" for all stakeholders.

• Process: Using "standard SOPs" and "regularly updating the litigation MIS" (Management Information System) so everyone is aware of milestones and next steps.

How do you maintain a healthy work-life balance?

Monika’s approach is twofold: prioritization at work and prioritization of personal time. At work, she "prioritize[s] on things bases their importance and the risks that are involved." At home, she ensures she disconnects, "I try to take out time from my professional life" by taking a 3-4 day break "every 3 to 4 months... to give time to the family."

What advice would you like to give to the young aspiring lawyers?

Monika offers two key pieces of advice she has learned over her career:

1. Network: "I learned this quite late... but based on my experience I can vouch that networking helps." She encourages young lawyers to join associations, attend conferences, and connect with peers to share knowledge.

2. Be a Continuous Learner: Beyond passion and integrity, "continuous learning... is a key to success." She notes, "Even if I have 20 years of experience... still there is a room for learning."

About "The Counsel's Code" Podcast

"The Counsel's Code" is your go-to podcast for exclusive interviews with top legal executives. Discover the strategies they've employed to cultivate their careers, excel in their positions, and emerge as true leaders in their organizations.

Throughout our discussions, we delve into the challenges of leadership and how these accomplished professionals manage the pressures that come with it. Our mission is to provide valuable insights and support for in-house counsel, fostering mutual growth and development.

Tune in for engaging and enlightening conversations with legal leaders who share their experiences, wisdom, and advice, creating a community where in-house counsel can thrive together. If you want to get featured, contact marketing@volody.com.

Disclaimer: The views expressed in this podcast are the speaker’s personal opinions and do not necessarily reflect the positions of the podcast, Volody, or any current or former employers.