Investigations & Enforcement in Asia-Pacific

Designation: Partner

Practice: Litigation

Professional Memberships: Bar Council of Delhi

Education: B.A., LL.B (Hons.), National University of Juridical Sciences, Kolkata, BCL (Oxon)

Mr. Anuj Berry is a Partner with the Firm’s Litigation, Dispute Resolution, and White Collar Defense Group. Anuj specialises in all issues of national and international white-collar crime, fraud, corruption, and regulatory enforcement investigations. He specialises in internal investigations as also investigations by federal anti-corruption and anti-money laundering authorities. He has represented multi-national corporations in large and politically sensitive anti-corruption and anti-money laundering investigations having a cross border element.

Anuj’s expertise in such matters ranges from assisting the Client with evolving the defense strategy, representations to regulatory authorities, advising on extradition issues as also representing the Client in court proceedings in prosecutions launched by such authorities.

His key work experience on White Collar Defense matters is as under:

• Advising a leading professional services company in relation to a complaint by a whistle-blower regarding the company’s hiring practices.
• Advising a leading telecom distributor for vendor kickbacks and allegations of internal financial reporting manipulations.
• Advising a leading renewables energy company for allegations of bribery and vendor favouritism.
• Advising the principal shareholder of a low-cost airline in India on allegations of fraudulent transactions engaged in by the ex-CEO of the airline and investigations initiated by the Enforcement Directorate, Central Bureau of Investigation (CBI) and connected litigation.
• Representing a leading IT company facing CBI investigation in relation to supply of components to an eminent PSU airline.
• Representing a Malaysian media company in investigations before the federal anti-corruption investigating authority (CBI), money laundering authority and the proceedings before the Special Court setup by the Supreme Court of India to conduct the trial of cases pertaining to the ‘2G Spectrum Scam’ (India’s largest telecom industry-related scam). His work involves assisting clients and senior management in all aspects of the investigation, guiding defense strategy, advise on extradition issues and representation before Court.
• Representing a large foreign retailer in investigations and court related action concerning the first investigation initiated against a private company by the Central Vigilance Commission in India. The investigations in India relate to an ongoing FCPA investigation in the United States.
• Represented the Indian subsidiaries of a United Kingdom based telecom company in proceedings before the Special Court setup by the Supreme Court of India to conduct the trial of cases pertaining to the ‘2G Spectrum Scam’, which led to their discharge from the proceedings.
• Represented the Indian subsidiary of a French transport company in investigations before the federal anti-corruption investigating authority (CBI) concerning alleged bribery allegations initiated at the instance of the United Kingdom Serious Frauds Investigation Office.
• Represented a large foreign retailer in exiting a joint venture pursuant to investigations under the Foreign Corrupt Practices Act.Advised a leading software company with regard to investigations initiated by the federal anti-corruption investigation authority (CBI) concerning alleged favours extended to a government official in lieu of awarding contracts.
• Advised a German e-commerce startup company in the restaurant aggregation sector on legal action to be taken against its ex-Managing Director on account of illegal siphoning of money and fraud committed on the India subsidiary.
• Advised a large Japanese conglomerate on legal action to be taken against its ex-employee on account of alleged kickbacks received by such employee from the Company’s vendors in India.
• Advised an Indian franchisee of a global restaurant chain on legal action to be pursued against the franchisor on account of a coerced sale of its franchisee business.

Anuj joined Shardul Amarchand Mangaldas in 2006. He worked with the Firm till 2009 when he took a sabbatical to pursue Bachelor of Civil Laws (BCL) at the University of Oxford and then re-joined the firm in 2010. While at Oxford, he undertook academic and practical training in International Dispute Settlement. He gained his LLB from National University of Juridical Sciences, Kolkata.

Lakshmi Nadarajah

T: +6012-3700723

E: lakshmi.nadarajah@icloud.com

Career summary

I qualified as a barrister in the U.K., and I have been in private practice and served as general counsel in Malayisa and Australia over the past 28 years.

My focus is to critically assess competing interests, the client’s requirements, the available information and to consistently reach satisfactory outcomes,both commercially and professionally.I provide objective and pragmatic advice, including in difficult situations knowing what it means to the bottom line.

Experience

Of Counsel, Christopher & Lee Ong, Kuala Lumpur          June 2018 –June 2019

I was a Principal Consultant to Petroliam Nasional Berhador PETRONAS, Malaysia’s fully integrated petroleum corporation, when PETRONAS established a newly created Legal Compliance Division.

I provided legal and commercial expertise and led a senior team to evaluate PETRONAS’ legal compliance framework and establish potential areas of operational risk, and to then re-design processes and policies to ensure higher resilience in business critical areas.

Ethics and integrity is a critical part of the legal compliance framework, and I provided specialist legal advice to achieve business outcomes, and recommendations for improvements in line with generally accepted international best practices and standards.

General Counsel, Astro All Asia Networks plc          October 2005 –March 2017

& ASTRO Overseas Limited, Kuala Lumpur

ASTRO is Malaysia’s leading direct to consumer media and entertainment company.

My primary responsibility was to protect the organisation’s reputation, and provide legal counsel to both the Board and ASTRO’s senior executives on the management of real and potential risks.As a member of the senior team,I had oversight of all legal matters for ASTRO’s businesses worldwide.I also served as Company Secretary and led the Regulatory and Government Relations division for several years.

I led teams that supported ASTRO’s businesses on matters ranging from management of key IP assets, acquisitions and divestments, corporate governance, to dispute resolution. Amongst others, I developed a strategy and protocol to analyse and address complex and potentially high risk regulatory inquiries and related proceedings, and to effectively remediate compliance weaknesses.

Partner / Solicitor, Rashid & Lee, Kuala Lumpur          February 1992 –August 2005

& Middletons, Melbourne (now part of K&L Gates LLP)

My practice covered a wide range of corporate commercial matters, both advisory as well as transactional. This included:

• Infrastructure: Major international and domestic infrastructure projects.
• IT & Privacy: IT transformational projects, and implementation of privacy and data protection programs.
• Corporate commercial: Corporate exercises and workouts for financially distressed companies, and commercial property.

Education/ Professional Qualifications

Professional Qualifications:

Admitted to:

• The Victorian Bar and the High Court of Australia
• Malaysian Bar
• The Bar of England & Wales

Education:

• LLM, London School of Economics, University of London, U.K.
• LLB (Hons.), King’s College London, University of London, U.K.

Membership of Professional Associations:

• Vice-Chair, Corporate Counsel Committee, the Inter-Pacific Bar Association or IPBA.

Kristina is a graduate of the University of Toronto and is accredited as a Certified Meeting Professional (CMP), a globally recognized badge of excellence in the meeting and event industry. Prior to joining Cambridge Forums, Kristina worked for the Toronto International Film Festival where she successfully planned and hosted events for high-level donors, corporate clients and film stars. Outside the office, Kristina is passionate about learning new things, being outdoors, trying new cuisines and exploring the world one country at a time.