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Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.


Expertise
November 2020
CMS Pub­lic Pro­cure­ment Con­tact Card
World-class pub­lic pro­cure­ment spe­cial­ists The qual­ity of pub­lic ser­vices is in­creas­ingly de­term­ined by world-class skills in pub­lic pro­cure­ment. The pro­cure­ment re­gime ap­plies not only to the pub­lic...
29/10/2020
Ul­ti­mate Be­ne­fi­cial Own­er (UBO) Re­gister
The Re­gister on Ul­ti­mate Be­ne­fi­cial Own­er shall be es­tab­lished in Al­bania not later than 31.01.2021. The UBO Re­gister shall be main­tained by the Na­tion­al Busi­ness Cen­ter.      In the mean­time, all...
31 July 2020
An­nu­al Re­view 2019 – 2020
We are liv­ing in tur­bu­lent times, char­ac­ter­ised by polit­ic­al, cli­mate and health crises. The most acute of these – the COV­ID-19 pan­dem­ic – has clearly shown how in­ter­con­nec­ted our eco­nom­ies are: travel, com­merce and sup­ply chains world­wide have been im­pacted. No in­di­vidu­al or busi­ness has re­mained totally un­af­fected by it.As a glob­al or­gan­isa­tion, with a pres­ence in key busi­ness hubs around the world, we are wit­ness­ing the im­pact of the pan­dem­ic firsthand. Our teams in Asia, Europe, Africa and Lat­in Amer­ica are help­ing cli­ents deal with this un­pre­ced­en­ted situ­ation. Un­fold­ing in dif­fer­ent in­tens­it­ies in dif­fer­ent parts of the world at dif­fer­ent times, our teams are in the for­tu­nate po­s­i­tion of be­ing able to con­nect with and learn from each oth­er. This en­ables us to sup­port our cli­ents in a mean­ing­ful way, listen­ing to and un­der­stand­ing their con­cerns and provid­ing them with busi­ness-rel­ev­ant ad­vice that draws on in­sights from our ex­perts world­wide.In this crisis, we, as a so­ci­ety, are at a cross­roads. What is cer­tain is that for in­di­vidu­als and busi­nesses (ours in­cluded) there will be no ‘back to busi­ness as usu­al’. Things need to (and will) change. How we shape the ‘new nor­mal’ is up to us. In this An­nu­al Re­view, we look at some key de­vel­op­ments that are in­creas­ingly im­pact­ing busi­ness suc­cess. Com­pan­ies need to take these in­to con­sid­er­a­tion when ad­apt­ing their op­er­a­tions to the new busi­ness en­vir­on­ment.The months ahead will be chal­len­ging for us all. Busi­nesses will need to think stra­tegic­ally and po­s­i­tion them­selves for suc­cess in the new nor­mal. We at CMS see it as our task to guide our cli­ents through this chan­ging busi­ness land­scape.Mat­thi­as Licht­blau (Ex­ec­ut­ive Dir­ect­or) Pierre-Sé­bas­tien Thill (Chair­man) Duncan We­st­on (Ex­ec­ut­ive Part­ner) CMS Ex­ec­ut­ive Team
29 July 2020
CMS En­ergy & Cli­mate Change Glob­al Ex­per­i­ence
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its Lon­don centre of ex­cel­lence, the prac­tice works across 75 of­fices glob­ally.CMS teams now work in every corner of the sec­tor across the globe to help it meet the de­mands of cli­mate change, tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion in de­vel­op­ing eco­nom­ies, so­cial con­cerns and polit­ic­al agen­das.Be­low you will find some of our ex­per­i­ence across the globe. Please get in touch with our ex­perts in your jur­is­dic­tion.Please also see our Hot Top­ics for the En­ergy Trans­ition pub­lic­a­tion.
29 July 2020
Hot Top­ics for the En­ergy Trans­ition
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its centres of ex­cel­lence such as Lon­don and Ab­er­deen, the prac­tice works across 75 of­fices glob­ally.Our early work in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets and sub­sequently guid­ing the sec­tor in the push to de­car­bon­isa­tion means CMS is not only a trans­ac­tion­al or pro­ject ad­viser to the sec­tor, but uniquely placed to help shape its present and fu­ture. We can help by giv­ing you our ad­vice and com­pre­hens­ive know­ledge on the top­ics lis­ted be­low.Please also see our CMS En­ergy Glob­al Ex­per­i­ence pub­lic­a­tion.
28 July 2020
Guide on in­ter­na­tion­al data trans­fers – Draw­ing on the Schrems II Case
On 16 Ju­ly 2020, al­most five years after the Safe Har­bour Agree­ment between the European Uni­on and United States was ruled in­val­id, the Court of Justice of the European Uni­on de­livered a judg­ment on...
11 May 2021
AI in Life Sci­ences
Ar­ti­fi­cial in­tel­li­gence is not new: the term it­self was coined over 60 years ago. However, the con­ver­gence of data volume, pro­cessing power and tech­nic­al cap­ab­il­ity has con­vinced many that the AI era...
26 November 2019
Bridging Con­tin­ents - In­fra­struc­ture In­dex 2019
The CMS In­fra­struc­ture In­dex ana­lyses data across 50 jur­is­dic­tions against six cri­ter­ia to cre­ate a guide to the most at­tract­ive des­tin­a­tions for in­fra­struc­ture in­vest­ment.In Bridging Con­tin­ents, the 2019 CMS In­fra­struc­ture In­dex, we see that in­fra­struc­ture is con­nect­ing people world­wide at an un­pre­ced­en­ted pace. De­vel­op­ing eco­nom­ies are in­vest­ing heav­ily in roads, rail and air­ports to drive eco­nom­ic growth and bring them closer to in­ter­na­tion­al trad­ing part­ners and the rol­lout of 5G and build­ing of smart cit­ies are cre­at­ing new di­git­al high­ways. Ger­many has taken top spot.  Ger­many’s fo­cus on sus­tain­ab­il­ity and in­nov­a­tion is the driv­ing force be­hind its po­s­i­tion. The coun­try is aim­ing to make cli­mate ac­tion part of the Ger­man na­tion­al iden­tity and sup­port­ing this through a num­ber of off­shore wind pro­jects, con­struc­tion of a fourth elec­tri­city high­way and an ex­tens­ive EV char­ging pro­gramme. The UK’s story is not so pos­it­ive.  We see the UK fall from fourth in 2017 to ninth in 2019.  The Brexit-ef­fect.  There is a steady pipeline in some in­fra­struc­ture sec­tors, for ex­ample rolling stock re­new­als in Eng­land and trans­port in Scot­land.  There is also a shift from primary to sec­ond­ary in­vest­ments. However, un­sur­pris­ingly the polit­ic­al un­cer­tainty has led to delays on flag­ship pro­jects (e.g. HS2 and Heath­row air­port) and a de­crease in lend­ing to UK pro­jects. An­oth­er coun­try to note is China, which has ris­en by 10 points since the 2017 in­dex and is now in 18th po­s­i­tion.  5G is in­stru­ment­al in China’s in­creased rank­ing, due in part to ma­jor cor­por­a­tions such as Hua­wei and ZTE ; over 10 mil­lion ad­vance or­ders for 5G data plans were sub­mit­ted to China’s three mo­bile op­er­at­ors, and they will de­ploy a total of 130,000 stan­dalone 5G base sta­tions across the coun­try by the end of 2019. As the world fo­cuses on cli­mate change and sus­tain­ab­il­ity, we see this trans­fer­ring to the in­fra­struc­ture sec­tor too.  In­fra­struc­ture as­sets have a vi­tal role in cli­mate change mit­ig­a­tion and eco­nom­ic, so­cial and gov­ernance (ESG) cri­ter­ia are an in­creas­ingly pop­u­lar way for in­vestors to eval­u­ate com­pan­ies in which they might want to in­vest.  However, the sec­tor is fa­cing a num­ber of chal­lenges, in­clud­ing lack of gov­ernance, an ab­sence of ob­ject­ive stand­ards and as a res­ult, no reg­u­la­tions on how to re­port and meas­ure per­form­ance.  Reg­u­lat­ors glob­ally are work­ing to cre­ate their own reg­u­la­tions in this area but with each coun­try cre­at­ing its own stand­ards, in­ter­na­tion­al op­er­at­ors will face a com­plex mat­rix of re­quire­ments for dif­fer­ent pro­jects around the world. In this year’s re­port, we see some very strong rep­res­ent­a­tion from the Amer­icas. Lat­in Amer­ica has some mega in­ter­con­nectiv­ity pro­jects, present­ing some ex­cit­ing de­vel­op­ments.  Ex­amples in­clude a 3,500km-long sub­mar­ine fibre op­tic net­work from the north to the south of Chile and the re­cently com­pleted 10,000km sub­sea cable con­nect­ing Cali­for­nia to Chile.  On the oth­er side of the con­tin­ent, Brazil is work­ing on the in­nov­at­ive 9,300km El­laLink sub­sea cable sys­tem bridging between the Amer­ic­an (Brazil) and European con­tin­ents (Por­tugal and Spain).Over­all, the in­fra­struc­ture sec­tor presents a pos­it­ive pic­ture in an un­cer­tain world.  Gov­ern­ments glob­ally are in­vest­ing heav­ily in in­fra­struc­ture as­sets to stim­u­late their eco­nom­ies.  On the flip side, there is sup­ply of cap­it­al as in­vestors look for long-term in­vest­ments.  
November 2019
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Pub­lic pro­cure­ment is the largest single glob­al mar­ket­place, ac­count­ing for around one-fifth of world­wide GDP. In this in­creas­ingly in­ter­na­tion­al mar­ket­place, com­pan­ies need to have con­fid­ence that pub­lic...
September 2019
CMS Com­pet­i­tion Con­tact Card
The CMS Com­pet­i­tion Group has more than 180 com­pet­i­tion law­yers in 48 cit­ies in 34 coun­tries, mak­ing it one of the largest com­pet­i­tion teams in Europe. We can read­ily bol­ster our teams with com­pet­i­tion...
12/07/2019
Soft­ware de­vel­op­ment; a prof­it­able activ­ity in Al­bania
Last year the Al­bani­an Coun­cil of Min­is­ters ad­op­ted De­cision n.730 re­gard­ing the defin­i­tion of soft­ware pro­duc­tion /de­vel­op­ment activ­it­ies in the coun­try and de­term­in­ing the pro­ced­ures re­quired for the...
June 2019
Do tech com­pan­ies hold the solu­tion to tax­ing the di­git­al eco­nomy?
The di­git­al re­volu­tion has trans­formed busi­ness mod­els, en­tire eco­nom­ies and the lives of people around the globe. It has also tested the concept of tra­di­tion­al cor­por­ate tax rules, de­signed largely in...