Shashank Mishra
Shashank Mishra advises on all aspects of the Technology, Media and Telecommunications (TMT) sector from a regulatory, disputes and policy perspective.
These include intermediary liability, privacy and data protection, content regulation, e-commerce, consumer protection, AI and machine learning, gaming, telecom and broadcast licensing, space and satellite communications, OTT regulation, cybersecurity, surveillance and law enforcement data access, net neutrality, M2M communications, election regulations, sports, media and entertainment law, Aadhaar regulations, and deployment of emerging technologies. Some key clients he has advised include WhatsApp, Meta, Uber, Inshorts, OpenAI, Vodafone, IndiaMart, Alibaba, Amazon and Jiostar. He:
- represents clients before Courts and tribunals across India, advises on litigation strategy, and carries out end-to-end litigation management of litigation dockets;
- undertakes product counselling, including risk analyses, impact assessments and devising compliance strategies in relation to technology product launches;
- devises policy positions for clients on new laws and regulations impacting their businesses, including making submissions to regulators and governments, training them for engagement with various Legislative or Executive bodies, and undertakes impact assessments of new laws and regulations for clients; and
- helps draft and negotiate transaction documents for IT and telecom services, transfer of telecom assets and conducting due diligences for identifying sectoral risks and issues in transactions.
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He advises TMT clients on their market entry and consolidation strategies for India. He has handled a variety of issues for clients at various stages of their business cycles from incorporation and foreign investment, consolidation and expansion to market exits.
Shashank has advised corporate clients from across key geographies such as the US, Europe, Singapore, China, and Japan, apart from India. He has also advised Indian public sector corporations, state agencies and non-profits on TMT sectoral issues, including pro bono advisory. He has seconded at erstwhile Vodafone India’s Mumbai offices and handled transactions and regulatory issues for their enterprise business. He possesses an eMasters Degree in Economics, Finance and Public Policy from the Indian Institute of Technology, Kanpur, and is a member of the Internet Society.
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- Represented an Internet messaging platform before Courts across India on issues of data protection and privacy; content regulation and intermediary liability; law enforcement and data access; fintech and data localisation; OTT regulation; invoking constitutional rights against private actors; and consumer protection.
- Advised a social media conglomerate and its affiliates on all legal and regulatory aspects of its operations in India, including conducting product reviews from an intermediary liability, e-commerce, AI and machine learning, law enforcement access, payments regulations, telecom regulations, gaming laws and privacy perspective.
- Advised a news and content aggregator and social media platform on intermediary liability, data protection and technology law issues, pre-litigation disputes, and represented them before various courts in India on these issues.
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- Advised a technology transportation and logistics platform on regulatory and disputes issues, such as data protection, consumer protection, intermediary liability, and motor vehicles regulations.
- Advised multiple automobile manufacturers in India on various mobility technology issues such as enabling connected cars and telematics solutions, data protection and law enforcement risks, and telecom licensing and regulation.
- Managed transactions for a global telecom operator’s enterprise business, by reviewing, drafting and negotiating transaction documents on telecom services, sale/lease/transfer of telecom assets and other business objectives.
- Represented a domain name registrar on intermediary liability, proactive monitoring and intellectual property issues before the High Court and district courts in Delhi.
- Advised multiple corporations on data protection, privacy, cybersecurity and law enforcement issues in India, including by drafting and reviewing privacy policies, consent flows, product UI/UX and other operational and policy aspects, and helping clients respond to and appear before regulators and law enforcement agencies.
- Advised multiple telecom operators and enterprise customers on compliances under telecom regulations for application services business, including call centres and network operation centres.
- Advised several media and OTT platforms on issues pertaining to digital addressable systems; broadcast licensing; foreign investment in news media; sports broadcast; publisher liability and compliances; net neutrality; radio regulations and other legal and policy issues.
- Advised multiple telecom operators and potential investors on telecom regulatory issues such as spectrum trading and sharing; payment of AGR dues; licensing requirements; telemarketing regulations; satellite Internet; in-flight Wi-Fi and other emerging technologies.
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A detailed experience statement can be shared on a confidential basis.
Professional Memberships
- Bar Council of India
Education
- B.A. L.L.B. (Hons.), Gujarat National Law University