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Commercial

United Kingdom

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness and robustness of your relationships with third parties, whether they are your customers, suppliers or intermediaries. Contractual arrangements attuned to the sectors and markets in which you operate are key.

Whether you require advice on supply arrangements, services agreements, technology or telecommunications contracts, IP licensing, manufacturing agreements, consumer arrangements, software licensing, outsourcing or any other bespoke commercial arrangement, our specialists can guide you towards the best business outcome for you.

We are market-leading practitioners, and have shaped many of the landmark deals in the various sectors which we serve. This means that we do not simply counsel our clients on how to paper their transactions, but work with them from the start to come up with the structure which is most effective for them, and share with them our experience of the many other deals we have executed.

Our commercial lawyers also benefit from the support of colleagues expert in complementary legal areas. Tax lawyers ensure that contracts are tax-efficient and that any liability is properly allocated between the parties. Competition law specialists enable contracts to exploit rights or distribute products as effectively as possible, within the constraints of an ever-changing legal and regulatory framework.

We don't distinguish "legal points" and "commercial points". If an issue is relevant to the deal we are working on then we will understand it and help our clients to resolve it. We also understand that contracts are important for our clients, and time-pressured. Our clients don't need to explain to us that something is urgent or critical; we know already.

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CMS stands out for its global reach and sector focus. The 'can do' team has a 'great understanding of the legal position, the deal, the commercial reality and the regulatory framework'.

Legal 500 UK, 2015

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    Advertising, Marketing & Sponsorship

    The advertising and marketing sector is diverse and dynamic, with creativity and resourcefulness at its heart. We bring that same spirit to the work we do for our clients in the sector. We assist a range of clients - small to large - across the sector above, below and through the line, including brands, agencies and publishers.   

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    Commercial Contracts

    Commercial contracts are the fundamental basis upon which any business develops and grows. Getting it wrong can have serious consequences for your business. Whether the agreements relevant to your business concern the procurement or the supply of goods, technology, information or services, or your business processes such as licensing, distribution, agency and resale, you will need legal advisers who understand your commercial imperatives and can deliver results efficiently and cost-effectively based on market knowledge and experience.

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    Data Protection & Freedom of Information

    The EU data protection landscape is shifting with a radical new regulatory framework on the horizon. Our global data protection expertise allows us to handle the very largest and most complex multi-jurisdictional matters. 

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    Health & Safety

    Health & Safety is of paramount importance to all businesses. As an increasingly regulated area, every employer must comply with health and safety rules to protect employees, contractors, visitors and the general public. These regulations also put responsibility on all employees, so it is vital that everyone is aware of the relevant legislation.

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    Outsourcing

    Many organisations look to outsource business functions to help drive their business’ growth, achieve quality improvements, increase efficiency and manage costs. The decision to outsource elements of a business is often complex - finding the right service provider, ensuring the right set up, contracting for appropriate performance incentives and ensuring good governance are just a few of the considerations.

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    Law-Now: Com­mer­cial

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    Florentin Sanson
    14/06/2018
    Vir­tu­al ad­vert­ising enters the game
    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    11/04/2018
    Data Law Nav­ig­at­or | Over­view
    In­form­a­tion on Data Pro­tec­tion and Cy­ber Se­cur­ity laws...
    25/07/2018
    Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
    In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
    14/06/2018
    In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
    In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
    16/04/2018
    Ger­man court rules no lux­ury goods in food re­tail out­lets
    On 6 April 2018, the Düs­sel­dorf High­er Re­gion­al Court ruled that the food re­tail­er real, whose par­ent com­pany is Ger­many’s Metro AG, may not sell lux­ury cos­met­ics made by Japa-nese man­u­fac­turer Kanebo in its food re­tail stores, and that the man­u­fac­turer can.
    13/04/2018
    The Acon­cagua Bay – “al­ways ac­cess­ible”
    On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
    29/03/2018
    Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
    13/02/2018
    The rise of the new lux­ury eco­nomy
    Travel has al­ways played host to dra­mat­ic and of­ten dis­rupt­ive changes. At CMS’s an­nu­al tech­no­logy con­fer­ence, In­nov­ate to Sur­vive, onefinestay’s CEO, Javi­er Ce­dillo-Es­pin de­livered a key­note, sum­mar­ised in this art­icle.
    02/02/2018
    IBM Wat­son at work
    There may be much hype around ar­ti­fi­cial in­tel­li­gence but IBM has been demon­strat­ing the busi­ness po­ten­tial of ma­chine learn­ing through its Wat­son ana­lyt­ics plat­form since 2011. Wat­son came about after one of IBM’s re­search teams were at the pub watch­ing.
    25/01/2018
    European Com­mis­sion as­sesses ad­equacy of Gen­er­al Food Law in food...
    In an eval­u­ation of the EU le­gis­lat­ive frame­work for the 2002 Gen­er­al Food Law Reg­u­la­tion (GFLR), the European Com­mis­sion has found that this frame­work ap­pears to ad­dress most cur­rent trends, such as growth, com­pet­it­ive­ness and in­creased glob­al­isa­tion, but.
    15/01/2018
    Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
    Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.