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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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    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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    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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    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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    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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    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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    Law-Now: Com­mer­cial

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    Florentin Sanson
    14/06/2018
    Vir­tu­al ad­vert­ising enters the game
    23/04/2019
    ASA find in fa­vour of Bet­fred
    On 17 April 2019, the Ad­vert­ising Stand­ards Au­thor­ity (“ASA”) pub­lished a rul­ing on Pet­fre (Gibral­tar) Ltd t/a Bet­fred in re­la­tion to a TV ad's com­pli­ance with the UK Code of Broad­cast Ad­vert­ising ("BCAP Code").
    June 2018
    On­line Stress Test
    Test your know-how pro­tec­tion
    18/04/2019
    Court of Ap­peal cla­ri­fies two key con­trac­tu­al law is­sues
    In a case con­cern­ing a con­tract for the sup­ply of egg products, the Court of Ap­peal has cla­ri­fied two key con­trac­tu­al law is­sues: (1) the cor­rect test for in­duce­ment in cases of res­cis­sion for fraud­u­lent mis­rep­res­ent­a­tion, and (2) the lim­its of the ‘trans­ferred.
    Tom De Cordier
    11/04/2018
    Data Law Nav­ig­at­or | Over­view
    In­form­a­tion on Data Pro­tec­tion and Cy­ber Se­cur­ity laws...
    18/04/2019
    BARE­CON - The Im­port­ance of Class
    In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
    12/04/2019
    Bankers’ du­ties and sus­pi­cious pay­ments - ex­clud­ing the Quince­care...
    The re­cent case of Fed­er­al Re­pub­lic of Ni­ger­ia v JP Mor­gan Chase Bank, NA [2019] EWHC 347 (Comm) provides a valu­able re­mind­er to banks of their Quince­care duty and, moreover, a help­ful dis­cus­sion of some cir­cum­stances in which it may be pos­sible for banks to.
    09/04/2019
    Gambling ads and chil­dren op­er­at­ors caught by new ASA tech­no­logy
    Last week, the Ad­vert­ising Stand­ards Au­thor­ity ("ASA") an­nounced that five gambling op­er­at­ors were in breach of the UK CAP Code pro­vi­sions re­lat­ing to the pro­tec­tion of chil­dren from gambling ads. Us­ing child "avatars" (on­line pro­files that mim­ic chil­dren.
    05/04/2019
    Com­pan­ies ruled re­spons­ible for en­sur­ing State aid they re­ceive is...
    As the UK read­ies it­self for a post-Brexit do­mest­ic State aid re­gime, a rul­ing last month of the Court of Justice high­lights the horns of a di­lemma that many com­pan­ies find them­selves in when seek­ing pub­lic money to sup­port their pro­jects.
    02/04/2019
    Fall­ing between the cracks?
    Mid­lothi­an Coun­cil’s claim The ac­tion was raised in re­spect of a so­cial hous­ing de­vel­op­ment in Gorebridge, which was built between 2007 and 2009. On 7 Septem­ber 2013, one of the ten­ants at the de­vel­op­ment be­came ill.
    02/04/2019
    Say what? The Scot­tish Gov­ern­ment con­sults on re­form to the Scots...
    The Scot­tish Gov­ern­ment is cur­rently con­sult­ing on re­forms to the Scots law of de­fam­a­tion, the area of law which aims to pro­tect in­di­vidu­al and busi­ness repu­ta­tions from false state­ments. In an era of on­line re­views and vir­al shar­ing of opin­ion, pro­tect­ing.
    21/03/2019
    ASA Sky Bet Rul­ing
    On 13 March 2019, the Ad­vert­ising Stand­ards Au­thor­ity (“ASA”) pub­lished a rul­ing in­volving Bonne Terre Ltd t/a Sky­Bet in re­la­tion to a TV ad's com­pli­ance with the UK Code of Broad­cast Ad­vert­ising ("BCAP Code").