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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.



Media type
Expertise
17/11/2022
In­ter­na­tionales Home Of­fice | Arbeits-/Sozi­alrecht
CMS Em­ploy­ment Snack 
09/11/2022
Cla­ri­fic­a­tion (or not) re­gard­ing an all-in salary re­duc­tion in case of...
CMS News­Mon­it­or Em­ploy­ment Law - Epis­ode 24
09/11/2022
CMS Em­ploy­ment Snack Spezi­al | Alles über Streik
Hohe In­fla­tion und hohe En­er­giekos­ten führen dazu, dass Lohn­ver­hand­lun­gen derzeit so hart ge­führt wer­den wie schon lange nicht mehr. Auch Streik­dro­hun­gen wer­den im­mer laut­er, auf der Straße und im Be­trieb.In un­ser­em CMS Em­ploy­ment Snack Spezi­al sprechen un­sere Arbeit­s­recht­s­ex­per­ten Flori­an Hör­mann und Chris­toph Wolf über alles, was Arbeit­ge­ber:innen wis­sen müssen, wenn in ihr­em Be­trieb gestreikt wird.
07/11/2022
In­ter­na­tion­al Home Of­fice | Steuer­recht
CMS Em­ploy­ment Snack 
25/10/2022
Su­preme Court (OGH): No spe­cial pro­tec­tion against dis­missal in cases where...
CMS News­Mon­it­or Em­ploy­ment Law - Epis­ode 23
18/10/2022
Tech­no­logy Trans­form­a­tion – Fin­an­cial Ser­vices
The Fin­an­cial Ser­vices (FS) sec­tor is a lead­er in pro­tect­ing its tech in­fra­struc­ture, re­flect­ing the high de­gree of scru­tiny from reg­u­lat­ors. FS firms are at a tip­ping point, with large in­cum­bents ey­ing smal­ler firms and fintechs for their IP and skills to re­main com­pet­it­ive while con­sid­er­ing up­grades to leg­acy sys­tems. Sim­ul­tan­eously, reg­u­la­tion is chan­ging to re­flect new and emer­ging tech­no­lo­gies and threats.This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 people sur­veyed from mul­tiple in­dus­tries across the world. Here we look in de­tail at the 85 re­spond­ents from the FS sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. This sec­tor is more highly reg­u­lated than most of the oth­er sec­tors sur­veyed, with many his­tor­ic­al tech dis­putes re­lat­ing to reg­u­la­tion. But the fo­cus of reg­u­la­tion is shift­ing, and so are the risks af­fect­ing this sec­tor.Down­load the Tech­no­logy Trans­form­a­tion Fin­an­cial Ser­vices re­port now to read about:Drivers of tech­no­logy ad­op­tion in the fin­an­cial ser­vices sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the fin­an­cial ser­vices sec­tor­Fu­ture risks, in­clud­ing AI and crypto­cur­ren­cies, and meas­ures to deal with themPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the fin­an­cial ser­vices sec­tor
29/09/2022
Boom & Gloom? CMS European M&A Out­look 2023
We are pleased to share with you the 2023 edi­tion of the European M&A Out­look pub­lished by CMS in as­so­ci­ation with Mer­ger­mar­ket.
28/09/2022
CMS Green Globe
Stay in­formed about the latest sus­tain­ab­il­ity claims trends and de­vel­op­ments CMS Green Globe is an in­ter­act­ive plat­form that al­lows busi­nesses and cli­ents to stay aware and duly in­formed about all the main rap­idly chan­ging trends and de­vel­op­ments re­lated to sus­tain­ab­il­ity claims across the world.Here you will find in­form­a­tion on reg­u­la­tion and de­vel­op­ments you need to know when ad­vert­ising and mar­ket­ing your busi­ness or product by us­ing sus­tain­ab­il­ity claims as well as our key ex­perts to sup­port you in nav­ig­at­ing the world of such claims.CMS Green Globe helps you to avoid gre­en­wash­ing your con­sumer in your jur­is­dic­tion as well as across the globe. Dis­cov­er CMS Green Globe Best ex­plored on desktop
15/09/2022
CMS Em­ploy­ment Snack | Alles für den Herbst
CMS Em­ploy­ment Snack 
13/09/2022
Open secrets? Guard­ing value in the in­tan­gible eco­nomy
Some leaks can’t be fixed “Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This, from the so-called Spycatch­er case (1987), ap­plies well to cor­por­ate as­sets: fail to store them cor­rectly and all you might have left is an ex­pens­ive mess.The con­sequences of even a minor ex­pos­ure of a trade secret can be huge. As this re­port re­veals, the pro­tec­tion of trade secrets is rightly re­cog­nised by most seni­or ex­ec­ut­ives as a pri­or­ity is­sue. But the re­search also re­veals gaps that leave com­pan­ies un­ne­ces­sar­ily ex­posed to risks. The top named threats – cy­ber­se­cur­ity at­tacks and em­ploy­ee leaks – res­on­ate with what we see im­pact­ing our cli­ents. In­creased home and re­mote work­ing is strain­ing se­cur­ity meas­ures and em­ploy­ee loy­alty. Ad­ded to this, an ‘in­nov­ate or die’ at­ti­tude in highly-com­pet­it­ive sec­tors can mo­tiv­ate new join­ers to ar­rive with ques­tion­able ma­ter­i­al from their pre­vi­ous em­ploy­er, or worse: out­right theft between com­pet­it­ors. But while it is easy to fo­cus on the lurk­ing threats from weakened cy­ber se­cur­ity and dis­gruntled em­ploy­ees – and they are im­port­ant – there are more routine ac­tions a com­pany can take to safe­guard its secrets than just up­dat­ing its IT sys­tems or the em­ploy­ee hand­book. Com­monly, those who most need our help already have a trade secrets policy but have not prop­erly im­ple­men­ted it in re­la­tion to the secret in ques­tion. Or the policy has not been up­dated to re­flect the in­tan­gible as­sets the busi­ness now owns. Or pro­tec­tion was taken for gran­ted.With trade secrets – which for many busi­nesses are stra­tegic­ally more im­port­ant than a pub­lic pat­ent port­fo­lio – it is al­ways cost­li­er and messi­er to find solu­tions after a theft or a leak. Identi­fy­ing the trade secrets and the threats posed to them, com­bined with rig­or­ous in­tern­al pro­cesses and well-draf­ted con­tracts, can help pre­vent such prob­lems from hap­pen­ing. Harder, but just as ne­ces­sary, is en­ga­ging hearts and minds in cor­por­ate cul­ture, to know why trade secrets are im­port­ant, why we are all are re­spons­ible for pro­tect­ing them, and what may hap­pen if we do not (to both the com­pany and the in­di­vidu­al). In our ex­per­i­ence, the busi­nesses with the strongest de­fences have not only thought stra­tegic­ally about their in­tan­gible as­sets and how best to pro­tect them but are also pre­pared for the worst. The trick to avoid­ing an as­set be­com­ing a crisis is to be wise be­fore the event.
09/09/2022
Hy­dro­gen – dream fuel or just a lot of hot air?
In June 2022 five ex­perts on hy­dro­gen met at the CMS of­fice in Vi­enna to ex­change their views on the pro­spects of hy­dro­gen as part of the en­ergy trans­ition. Earli­er in the same month, Aus­tria presen­ted its new hy­dro­gen strategy based on four pil­lars: Cli­mate Neut­ral Hy­dro­gen, Ef­fi­cient and Fo­cused Hy­dro­gen Use, Hy­dro­gen In­fra­struc­ture, and In­ter­na­tion­al Part­ner­ships.  Hy­dro­gen is in­creas­ingly seen as one of the crit­ic­al com­pon­ents of the en­ergy trans­ition. Every day brings news about co­oper­a­tion agree­ments, start-ups, new tech­no­lo­gies, in­fra­struc­ture pro­jects, and stor­age solu­tions. But to what ex­tent is the hype about hy­dro­gen jus­ti­fied? Is the leg­al frame­work suf­fi­cient and fu­ture-proof? To co­in­cide with the re­cently pub­lished Aus­tri­an hy­dro­gen strategy, a pan­el dis­cus­sion with five dis­tin­guished ex­perts took place in our CMS premises. After a short in­tro­duc­tion from Marco Sel­en­ic (CMS Aus­tria), Hamead Ahrary (Head of the Hy­dro­gen Di­vi­sion at VER­BUND AG), An­dreas In­dinger (Head of the Cen­ter for Re­search and In­nov­a­tion at the Aus­tri­an En­ergy Agency), Dalia Majum­der-Rus­sell (Part­ner at CMS UK), Ewald Per­wög (Head of Sus­tain­able En­ergy Solu­tions at MPRE­IS War­en­ver­triebs GmbH), and Wern­er Trabe­sing­er (Head of Quant­it­at­ive Products at Pexa­park) shared their ex­per­i­ence of suc­cess­ful hy­dro­gen pro­jects. Fur­ther­more, the RE­PowerEU plan and its ef­fects on the RED 2 was dis­cussed in de­tail. What sort of leg­al back­ground does the in­dustry re­quire to build and op­er­ate the ne­ces­sary in­fra­struc­ture? What con­di­tions are needed for a European hy­dro­gen eco­nomy to de­vel­op? The dis­cus­sion was mod­er­ated by the heads of the CMS RRH En­ergy & Cli­mate Change Group, Maria Orlyk of CMS Ukraine and Thomas Ham­erl of CMS Aus­tria.
19/08/2022
THE MER­GER CON­TROL RE­VIEW - AUS­TRIA I Thir­teenth Edi­tion
Au­gust 2022The Mer­ger Con­trol Re­view provides an in­cis­ive over­view and ana­lys­is of the pre-mer­ger com­pet­i­tion and no­ti­fic­a­tion re­gimes across key jur­is­dic­tions world­wide, as well as a dis­cus­sion of re­cent de­cisions, stra­tegic con­sid­er­a­tions and likely up­com­ing de­vel­op­ments. CMS ex­perts Di­eter Zand­ler and Vanessa Hor­aceck provided the chapter on Aus­tria.