Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...
Gomathi - Resume Legal - 10 years experience
1. Gomathi Krishnamurthy
No 24 Flat E, South Parade
Ramappa Nagar Perungudi, Chennai – 600 096
Mob 8754570661
gomathi.jairam@gmail.com
http://in.linkedin.com/in/gomathikrishnamurthy/
Skills:
Contract Management- Drafting, review, negotiation and closure
Assist in the assessment and interpretation of contracts with a primary focus on
reducing and mitigating delivery and contractual risks associated with the services
being provided
Possess the ability to interpret requirements of the contract,
monitor compliance with professional standards and contractual obligations, analyze
and assess potential impacts associated with contract delivery risks
Review and perform risk analysis of the business and legal terms;
Draft redlines and any exceptions language that will need to be considered and
correlate provisions of the appropriate general business terms (GBTs)
Detailed review and assessment of any mandatory requirements and identification of
the critical or unusual terms
Compliance and Due Diligence
To conduct operational audits to ensure compliance with Group policies, guidelines &
procedures and compliance with laws & regulations
Risk reporting- legal
Maintain and develop awareness of legal risk issues and changes across the
business.
Maintain strong relationship with business management to keep abreast of legal
risk and control issues.
Develop, Initiate, maintain and revise policies and procedures of the
applicable compliance program.
Business Compliance- Local Compliance, Country Compliance, Group
Compliance
Managing day- today- compliance operation of the organizations
Develop, periodically reviews and update standard of conduct in practice
Identifies potential areas of compliance vulnerability and risk
2. In-house department support- Advising the HR, Finance, Marketing
Department on legal aspects and External Attorney liaisoning
Freelancing:
August 2012- till date
Projects done:
Vetting and negotiating of Mining option agreement for a company based out of Peru
(South America)
Legal Consultant to GSTi Technologies ( Bangalore) – Drafting , vetting and
negotiating IT contracts- MSA, Teaming Agreement, Software licensing agreement,
Reseller agreement
Preparation of due diligence checklist for a Private equity firm for its investee
companies
Risk analysis report for Hinduja finance limited
Drafting of SOP for accounting for Danfoss industries
Incorporation of a private company- Patters Software design pvt limited
Previous Employment:
From January 2007 to August 2012
Manager Legal - Randstad India Limited
Major Assignments:
1. Conducted legal due diligence for take-over of operations of a group
company, Team HR
2. Conducted legal due diligence for take-over of operations of a group
company, Emmay HR
3. Involved in legal diligence of the sale of subsidiary company Ma Foi
Consulting Solutions to ADP ( Automatic Data processing , UK)
4. Involved in sale of Minvesta ( IT subsidiary of Ma Foi) to TenX labs
5. RFP review of UNICEF, WHO, and other Government related contracts
6. International Agreements
Scope of work:
- Implementing policies to comply the framework of Legal risk
management of the Company viz.,
1. Business principles policy
3. 2. Bribery , hospitality , gifts policy
3. Competition policy
4. Data protection policy
5. Discrimination, harassment policy
6. Document retention policy
7. Dawn-raid proceedings
8. E-mail archiving
9. Insider trading
Responsible for :
HR Compliance policy code
Statutory compliance manual
Time-bound compliance calendar
Periodic Review – MIS Reports
Document tracking report
Contract registers and reports
Legal research reports
Litigation report
Compliance report
Liaison report (External Lawyers)
Liability reports and Legal Risk
Name change report
Insurance report
Integration of all Compliance officers across the country:
Reminders by way of pop-ups
Status update to Centers
Generation of Reports – Regular reports and Exception reports
Circulation of event- based knowledge memos containing changes with impact
analysis and suggested course of action
Circulation of periodic Bulletin covering important developments and judicial
pronouncements of relevance
Legal Help Desk
Legal notices – timely and effective action:
Priority
Identified responsibility
Note on analysis, impact and response
Quick answer
Follow-up action
Preparedness for the future action
Agreements:
Covenants and Obligations
Tenure
Signing authority
Time-bound compliances /renewal- tracking systems
Negotiating and closing deals with Clients
Scope of work in Detail:
Litigation and related aspects:
4. Taking care of all the litigation filed by Randstad and against Randstad by
Clients, Deputees
To coordinate with Advocates across the country and file necessary papers on
behalf of Randstad, to resolve issues amicably.
To coordinate with our local Attorneys for opinions on the cases and arrange
for court appearances
Drafting and sending legal notices to Clients for payment defaults, replying to
legal notices sent by Clients and deputees for pending dues and miscellaneous
aspects
Preparing a monthly report and quarterly report on litigation status
Types of claims handled:
Liability related to Indirect & Direct employees
Permanency claim by Deputees – Arises in case of Deputees who work with
the same client for longer period
Compensation benefits for Deputees – Arises due to termination of Deputees
with short notice and who had worked for longer period
Termination liabilities – Includes claim for leave salary, reinstatement, back
wages, service continuity, redundancy benefits etc
Gratuity claims for Deputees – This arises in case the Deputees are
continuously engaged with a single client for a period of 4.8 yrs
Breach of Confidentiality – Access to data base, rate contracts, client
information etc shall be the reasons of liability for the Company arising out of
direct employees also.
Non-compete – Liability arises when the non compete clause is breached
Non Poach – Liability arises when our key employees are induced to be
employed by our clients
Death of Deputees/Employees – During the period of employment
Work place issues – Sexual harassment, Abuse of employees
Contract Execution Management:
Drafting, vetting , negotiating Global client servicing contracts
Drafting, Vetting of Contracts entered with Clients by Group companies and
In-house services
Vetting of lease agreements for local and international operations
Vetting of International Client contracts
Vetting of all types of Consultant, Subcontractors and Internal contracts
Contract renewals with Clients
Coordinating with the Clients through con – calls, for providing clarification for
issues raised by them
Coordinating with the internal BD members and CRD members to clarify legal
issues
Due Diligence:
Due diligence on Title documents for leased premises
Due diligence on statutory compliances
Custodian of Insurance policies for the Company:
5. Professional Indemnity policy – Covers professional liabilities including
errors & omissions arising out of the services
Commercial General Liability policy – Covers third party liabilities and is a
combination of Public and Product liabilities
Directors and Officers Liability policy – Covers the liabilities arising out of
the directors and officers, damages, judgments, settlements and defence
costs which they are legally obliged to pay arising from a claim for wrongful
acts made during the policy period
Policy on Assets – Various policies for protecting the assets of the Company
GPA – Group Personal accident Policy for the Direct & Indirect Employees
GMC – Group Mediclaim Policy for the Direct & Indirect Employees
Fidelity Insurance – For all cash/related assets
Workmen’s Compensation Policy – For Indirect employees
Legal Compliance Management and related issues:
Analyze the risk factors faced by the Company on Contracts, non-compliances
to Regulations, non- registration etc
Keep a vigil on the Insurance policies applicable to the Company.
Proactively avoid litigation
Organizing meeting with the concerned Labour offices and resolving issues on
pending compliances
Coordinating with the respective team members and compliance officers for
applying for Labour licenses, renewals, S & E applications
Resolving affairs relating to deputees on non- payments and pending dues,
duly coordinating with the team members
Resolving legal notices from deputees across the country
Taking strategic decisions on the deputee affairs and resolving the issues
amicably in favour of Randstad
Handling statutory compliances and resolving Government Department
notices in time, by coordination with the respective compliance officer of that
area
To liaison with Government departments for licences, notices, renewals, fresh
applications and resolve issues relating to the same
Legal help desk:
Legal queries on various Acts viz., PF, ESI, Bonus, Minimum wages etc are
being handled for deputees
Responding to HR queries and assisting in drafting offer letters, issuing
termination notices, drawing policies etc
Coordinating with Finance Department on litigation matters arising out of Tax
obligations like service tax and coordinating with Advocates for opinion
Pending collections are collated and legal notices are sent to the respective
clients for breach of obligations
Drafting Lease agreements for Admin Department and doing title verification
and coordinating for necessary registration of documents
Attend Court matters, enter appearance on behalf of the Company before the
Judicial authorities, represent the Company on legal issues
GENERAL:
In general, coordinating with local Attorneys on IPR filings, seeking legal
opinions related to the Trade mark filings, classification of classes,
coordinating with the Group IPR Attorneys for Search Reports and IPR
registrations across globe
6. From November 2002 to October 2005
Legal Assistant- Railways
Education:
PGDBM (FINANCE)– Bharathidasan Institute of Management , Bangalore –
2006
- Financial Services
- Corporate Finance and Strategy
- Marketing
- Human Relations
- International Business
- Corporate communications
- Management Information Systems ( MIS)
- Business Economics
- Security Analysis and Portfolio Management
LLB: - Kakatiya University, Warangal- 2002
B. A – Osmania University 1998 - Sociology, Public Administration, Political Science
Interests: Painting
Personal Details:
Gender – Female
Date of Birth- 31.05.1978