SAM finance head Sapan Gupta to join ArcelorMittal as India+ GC

SAM partner Sapan Gupta to join Arcelor
SAM partner Sapan Gupta to join Arcelor

National head of banking and finance and partner at Shardul Amarchand Mangaldas, Sapan Gupta, is set to join Indo-French multinational steel ArcelorMittal in a senior regional general counsel (GC)-like role in Mumbai, according to two sources with knowledge of his move.

Gupta had joined SAM in 2015 to build up its banking team, following the then-Delhi-headquartered firm’s split from erstwhile Amarchand Mangaldas, where banking had mostly been handled out of Mumbai.

He had previously been at Bajaj Finance, where he had grown its legal team nearly from scratch to 28 lawyers in 12 months.

Before that, the 2000 Delhi University LLB (and 1997 BCom in accountancy and 2006 Harvard Law School LLM), had also worked at Standard Chartered Bank in Mumbai, Sidley Austin in New York and other banks and corporates (see below).

We have not been able to reach Gupta for comment.

We have reached out to SAM managing partner Akshay Chudasama and ArcelorMittal for comment.

Update 15 January 2020: Managing partners Pallavi Shroff and Akshay Chudasama commented:

“Sapan Gupta will be moving on from the firm. He has been with us for close to 5 years and we are thankful to him for his contribution to the success of our firm.

“Under his leadership, our banking & finance practice has established an enviable position. We wish him all the very best in his future endeavours.”

Sapan Gupta

Work history

From:

Dec 2015

:

National Practice Head - Banking and Finance

,

Shardul Amarchand Mangaldas

(

Mumbai Area

)

Aug 2014

Dec 2015

:

Chief Legal Officer

,

Bajaj Finserv

(

Mumbai Area

)

Apr 2008

Jul 2014

:

Head Legal, Corporate Banking, Transaction Banking/ Deputy Head, Wholesale Banking-Legal, South Asia

,

Standard Chartered Bank

(

Mumbai

)

Oct 2006

2008

:

Associate

,

Sidley, Austin

(

New York

)

Apr 2004

Jul 2005

:

Assistant Vice President-Legal

,

HSBC India

Sep 2001

Apr 2004

:

Manager-Legal

,

ICICI Bank

(

Mumbai

)

Jun 2000

Aug 2001

:

Assistant Manager

,

TATA Housing and Development Co.in

(

Mumbai

)

Education

1994

1997

:

Delhi University

,

B.Com (H)

,

Accountancy

1997

2000

:

Delhi University

,

LL.B.

,

Law

2013

2013

:

London School of Economics and Political Science

,

Gurukul Chevening

,

Leadership Program

2005

2006

:

Harvard Law School

,

Master of Laws (LLM)

,

Banking, Corporate, Finance, and Securities Law

Comments

Conflicted 14 Jan 2020, 18:35
+34 -4
He led the SAM team advising the COC of Essar Steel where Arcelor Mittal won the bid and less than a month from closure of that deal, he joins the bidder. Reeks of conflict. How are the COC members of Essar Steel not questioning this?
Noflict? 14 Jan 2020, 18:57
+7 -3
Not sure I understand. COC is not an adversarial party to the bidders. Is there any information he would have been privy to advising COC that is not available to the bidders or potentially a conflict between COC and winning bidder?
Yes 15 Jan 2020, 01:22
+8 -0
Yes.. many. For eg liquidation value; bids by other bidders; general thinking of COC; pain points etc
KDA 15 Jan 2020, 08:39
+1 -0
Bang on.

Not to mention that in the in the Bhushan Steel Insolvency, the Disciplinary Board of the Insolvency Board of India ordered the RP (Mahender Kumar Khandelwal) the restitution of moneys (termed as reimbursements) which were billed by CAM (representing the COC) to the Corporate Debtor as Insolvency Resolution Costs. The same was based on the principle of conflict in so much that the creditors interest is represented by the lenders counsel, which is different from that of the corporate debtors, and most certainly as in this case, different from the winning resolution applicant

[quote]The
CoC holds the key to the fate of the CD and its stakeholders. Several actions under
the Code require approval of the CoC. An IP and the CoC have defined roles. IP’s
duty is to preserve and protect the value of CD. Mr. Mahender Kumar Khandelwal,
in the present matter, allowed charging fee of Rs. 12,09,90,185/- payable to lender’s
legal counsel as an IRPC and abdicated his authority in favour of CoC. Paying for
expenses of third party from CD and including in IRPC is amounting to looting the
CD and making the CD bleed. The RP did something unlawful because he was
indemnified by a party who was interested in that unlawful action and he did this
deliberately. Thus, in defiance of statutory duty to preserve and protect the value of
CD, he deliberately in connivance with some stakeholders squandered the assets
(money) for unlawful purpose. RP’s job is to conduct CIRP. That job does not
include hiring legal services of Financial Creditors and definitely does not include
paying for legal services.[/quote]

Source: https://ibbi.gov.in//uploads/order/8da3520d5ab49797ec888510f66f302a.pdf
Conflicted 15 Jan 2020, 03:51
+4 -1
You can always turn a blind eye to the obvious. But to explain, everyone is aware how contentious the Essar Steel case was on bidder eligibility and plan compliance etc. And COC was the ultimate decision making body. And Mr Gupta was advisng the COC on Arcelor's plan among others.

Such a move is quite unprecedented.
COCK 15 Jan 2020, 07:02
+7 -1
Isn't it equally possible that the COC actually lobbied for Mr Gupta to be put in charge at ArcelorMittal, since they worked with him on the resolution and wanted someone who knew what he was doing in charge of legal at the new entity? I would be surprised if COC was not told he would join...
Guest 15 Jan 2020, 08:03
+2 -8
Ya quite possible, he is very well respected and a consensus builder. Unlikely that any conflict rules would have been violated.
Observor 15 Jan 2020, 09:05
+2 -5
The Arcelor quote has remained unchanged for over a year so the question of conflict obviously does not arise even if some of the timelines are to believed. Basically Arcelor must have realised how he maneuvered the case through various tribunals and courts twice over and gave the lenders the victory they deserved and realised they needed a similar master strategist for the new operations. The COC and the RA both got the best outcome possible.
Guest 14 Jan 2020, 19:39
+1 -0
Jealous insider
Yep 15 Jan 2020, 05:31
+30 -2
For a position like this, one assumes the hiring process would have started 3 -6 (?) months earlier. So Sapan was advising the COC and also interviewing with AM for a job at the same time?
Curiosity 15 Jan 2020, 05:07
+1 -0
Just out of curiosity, who was the counsel for arcelor Mittal in the transaction? L&L?
Guest 15 Jan 2020, 06:25
+1 -5
S&R
Curiosity Killed Me 15 Jan 2020, 06:47
+5 -1
https://www.legallyindia.com/corporatemna/luthra-s-r-cam-sam-conclude-7bn-arcelormittal-nippon-distressed-takeover-of-essar-steel-20190523-10379
216 15 Jan 2020, 09:40
+36 -0
Shardul happy that the public focus is on perceived conflict and not on head of banking quitting the firm
Humorous!! 16 Jan 2020, 12:57
+0 -0
There has been too much of focus on conflict of interest when a lawyer advising COC joins an White night in an bankruptcy deal without full knowledge of Insolvency laws and it's application....
Sammo 19 Jan 2020, 05:44
+1 -0
What happens to his team?
Sammo 4 Feb 2020, 09:42
+2 -0
Sammo da for President!
Chai la 12 Feb 2020, 20:42
+1 -0
Now they will get used to hearing his 'valued inputs' from client side.