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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

    Working to raise your businesses’ profile is an exciting place to be, and as you work with your in-house marketing team or creative agency to develop your advertising, marketing and sponsorship strategies, it is also important to consider all the legal and regulatory requirements, including those for the industry in which you work.   

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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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    1 May 2017
    CMS, Nabarro and Olswang complete largest ever mer...
    Creating a new future-facing firm
    19/05/2017
    GDPR: European Commission calling for applications to join new ex...
    In order to support the application of the General Data Protection Regulation (GDPR) the European Commission's Directorate-General for Justice and Consumers is establishing a new expert group to be comprised of various stakeholders including academics, legal practitioners and organisations.
    23/06/2017
    Brexit one year on: The creative economy
    In the immediate aftermath of the Brexit vote last year, we published our initial reactions anticipating the possible impact on, in particular, the audiovisual industries.   We now take stock of what has happened since and, while the situation remains very uncertain,.
    21 February 2017
    Olswang named 2017 Global Outsourcing 100® company...
    05/05/2017
    The proposed ePrivacy Regulation: EDPS and WP29 express concerns...
    Since its hotly awaited publication in January, the Proposal for an ePrivacy Regulation (“Proposal“) has come under scrutiny from various stakeholders. Recently both the Article 29 Working Party (“WP29“), and the European Data Protection Supervisor (&#8220.
    23/06/2017
    Brexit one year on: The CMA and competition
    The landscape in which the Competition and Markets Authority finds itself post-Brexit will of course depend largely on the outcome of the Brexit negotiations, which formally commenced on Monday. However, in order to address any resulting ‘enforcement gap’ in.
    12 January 2017
    Olswang advises Hubert Burda Media on acquisition...
    27/04/2017
    Data protection impact assessments: When & how should I be conduc...
    The Article 29 Working Party (“WP29“) has recently adopted new General Data Protection Regulation (“GDPR“) Guidance, this time focusing on Data Protection Impact Assessments (“DPIAs“). The Guidelines aim to clarify when a DPIA is.
    21/06/2017
    The Verdict - Round-up of corporate crime developments across CMS
    We are pleased to send our new issue of The Verdict, an at-a-glance round-up of recent legal developments in relation to corporate crime. In this issue, the spotlight is on some significant changes to anti-corruption laws in the Czech Republic, including.
    13 December 2016
    CMS, Nabarro and Olswang confirm Practice and Sect...
    07/04/2017
    Indonesia moves towards comprehensive data law - how will it impa...
    The current data protection landscape in Indonesia Until recently, Indonesia has had a largely patchwork approach to personal data protection. There is not currently a singular comprehensive data protection law or regulation; nor, for example, are there any regulations specifically.
    14/06/2017
    Oil and Gas: Left with no “option” despite “best efforts”
    In Teekay Tankers Ltd v STX Offshore Ltd [2017] EWHC 253 (Comm) the Commercial Court decided that an option agreement for the construction of crude oil tankers was void, as the option agreement required the parties to mutually agree a delivery date at a time.
    10 October 2016
    CMS, Nabarro and Olswang combine to create 6th lar...
    30/05/2017
    Brexit Snapshot – Risks and Mitigation Measures for Contractors
    On 23rd June 2016, the UK voted to leave the European Union. As businesses come under increased pressure to work out a strategy for dealing with the uncertainty ahead, we have considered some of the potential risks for Contractors in the construction industry.
    10 October 2016
    CMS, Nabarro and Olswang combine to create 6th lar...
    26/05/2017
    Business Rates: The valuation of stripped out premises
    The Valuation Office Agency (VOA) has updated its practice note on valuation principles in the light of the decision of the Supreme Court in Newbigin (Valuation Officer) v S J & J Monk (a firm).   The amendments refer to Part 6: Disrepair practice note and now.
    15 August 2016
    Olswang advises indie production company 72 Films...
    26/05/2017
    Exclusion clauses: Court of Appeal confirms broader approach
    A Court of Appeal decision handed down yesterday has upheld the applicability of an exclusion clause covering asbestos liability in a consultant appointment. The decision follows other recent Court of Appeal decisions in adopting a natural and unstrained interpretation.