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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
    10/12/2018
    A real al­tern­at­ive: CJEU con­firms UK can uni­lat­er­ally re­voke its no­ti­fic­a­tion...
    Ex­ec­ut­ive sum­mary The Court of Justice of the EU (“CJEU”) has this morn­ing ad­vised that the UK may uni­lat­er­ally re­voke its no­ti­fic­a­tion un­der Art­icle 50 of the Treaty of the European Uni­on (“Art­icle 50”).
    June 2018
    On­line Stress Test
    Test your know-how pro­tec­tion
    05/12/2018
    Busi­ness lease re­new­als: un­con­di­tion­al in­ten­tion to re­devel­op
    The Su­preme Court has giv­en its eagerly-awaited de­cision on the right for a land­lord to rely on the re­devel­op­ment ground in or­der to pre­vent a ten­ants right to re­new its busi­ness lease (S Franses Ltd v The Cav­endish Hotel (Lon­don) Ltd).
    Elle Todd
    11/04/2018
    Data Law Nav­ig­at­or | Over­view
    In­form­a­tion on Data Pro­tec­tion and Cy­ber Se­cur­ity laws...
    04/12/2018
    UK banks re­spond to the Walk­er Re­view
    On Fri­day 30 Novem­ber 2018, UK Fin­ance pub­lished its re­sponse to the Walk­er Re­view in­to the com­plaints and ADR land­scape for the UK’s SME mar­ket. The Walk­er Re­view fo­cused on dis­putes between pro­viders of fin­an­cial ser­vices and SME cus­tom­ers that re­main un­re­solved.
    03/12/2018
    The EU­'s reg­u­la­tion against geo-block­ing enters in­to force
    From 3 Decem­ber 2018, all traders who sell cross-bor­der to cus­tom­ers with­in the EU must com­ply with the EU Geo-Block­ing the Reg­u­la­tion (the "Reg­u­la­tion"). [1] Un­less per­mit­ted by EU or Mem­ber State law, traders are no longer al­lowed to block or lim­it ac­cess.
    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.
    22/11/2018
    Art­icle 50: The third way
    UK Su­preme Court re­fuses per­mis­sion to ap­peal against de­cision to ask CJEU if, and how, the UK's no­ti­fic­a­tion to leave the EU un­der Art­icle 50 can be re­voked Ex­ec­ut­ive sum­mary There have been con­tra­dict­ory views as to wheth­er, once is­sued, a no­ti­fic­a­tion un­der.
    07/11/2018
    Emails between in-house law­yer and em­ploy­ee held not to be priv­ileged:...
    In the re­cent case of Glaxo Wellcome UK Ltd (t/a Al­len & Han­burys) and Glaxo Group Ltd v San­doz Ltd & 6 Ors [2018] EWHC 2747 (Ch), the claimants suc­cess­fully chal­lenged the de­fend­ant­s' claim to leg­al ad­vice priv­ilege in re­spect of an email ex­change between.
    31/10/2018
    A new world of VAT for vouch­ers
    From 1 Janu­ary 2019, a new VAT re­gime for vouch­ers will take ef­fect in all EU mem­ber states. The re­gime will ap­ply to all vouch­ers is­sued on or after 1 Janu­ary 2019. The UK will be im­ple­ment­ing this re­gime des­pite BREXIT (ex­pec­ted to take place on 29 March.
    30/10/2018
    Cap­it­al al­low­ances and Budget 2018
    In his Budget speech on 29 Oc­to­ber the Chan­cel­lor of the Ex­chequer, Philip Ham­mond, an­nounced sig­ni­fic­ant changes to the UK’s cap­it­al al­low­ance re­gime.   Briefly, these changes were: The in­tro­duc­tion of a new Struc­tures and Build­ings Al­low­ance giv­ing tax.