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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
31/01/2024
On your radar | Issue 23
Key employment law developments and expected trends for 2024
25/01/2024
Emerging Europe M&A Report 2023/2024
Despite geopolitical tensions, fears of recession and strong inflationary pressures across the EU, as well as the fiscal tightening needed to contain them, M&A in the CEE region has remained reasonably buoyant. Findings from the CMS Emer­ging Europe M&A 2023/24 report, published in cooperation with EMIS, demonstrate the resilience of the Emerging Europe deals market as activity holds firm against a backdrop of geopolitical tensions and strong inflationary pressures. Welcome to the 2023/24 edition of the Emerging Europe report.
29/12/2023
CMS Disputes Talk
Our CMS Disputes Talk podcast series is delving into the hottest trends in dispute resolution. Join us as we navigate the ever-evolving landscape of legal conflicts, offering insightful discussions, expert...
28/11/2023
International Digital Regulation Hub
Following the EU Commission plan “A Europe fit for the digital age”, we have witnessed a lot of digital regulations in the EU including DMA and DSA, AI Act, Data Act and there is still more to come. Whilst presenting companies with a tumultuous landscape to navigate, the legal obligations imposed also present opportunities to develop their business in a new digital framework safeguarding responsible business practices, fair competition and personal data. The CMS Digital Regulation Hub is home to our Digital Regulation Tracker Tool, providing an overview of the key regulatory instruments for area of law, sectors and business activities which are critical for decision makers as they adapt to the increasingly digital landscape. In addition to this unique tool, we explore the impact this tsunami of regulation is having for businesses across a variety of industries and how GCs can ride the waves to stay ahead of the curve. Our latest re­port il­lus­trates the key findings across Platforms, Content providers, Life Sciences & Healthcare, Energy & Infrastructure, Banking & Finance and Automotive industries. To discuss how to cope with the challenges of Digital Regulations and to explore the opportunities for your business, please contact one of our International experts.
20/11/2023
Navigating turbulence - Acquiring a target in financial distress
Acquiring a target in financial distress | 5 min read With slowing economic activity coupled with dec­ade-high in­fla­tion and interest rates, and no sign of imminent improvement, increasingly companies are experiencing financial dis­tress. “Res­cuing” a company in distress can provide opportunities for buyers to pick up assets at attractive prices. However, distressed M&A is often very different to acquiring a financially healthy business and buyers need to go into these processes with their eyes open. Buyers of distressed assets (or from distressed sellers) will often find that they are expected to rely on a due diligence process that is limited and carried out in a compressed timescale. The speed of the sale process is driven by the distressed entity’s cash-needs and the demands and/or patience of creditors, without the protection of the customary warranties and indemnities which would be expected from a seller. Key contacts   Alasdair Steele, Cor­por­ateVir­ginie Frémat, Corporate Timea Scholey, Restructuring and InsolvencyJamie Burgess, Corporate
07/11/2023
CMS Infrastructure Index: Partnerships, policies and geopolitics
The Infrastructure Index is designed to help investors understand the environment they may encounter in 50 different jurisdictions. Data from the 50 jurisdictions was analysed against nine key criteria to create a guide to the most attractive destinations for infrastructure investment. We also look at developments in some of the nations included in the Infrastructure Index, this year highlighting in particular the situation in our top-ranked country Germany and the need for reconstruction in Ukraine.
06/11/2023
News in Sustainability Claims
Return to CMS Green Globe
26/10/2023
Global Life Sciences & Healthcare Forum 2023 – recordings & presentations
We were delighted to bring you this year’s Forum, “Blurring Boundaries - Exploring the convergence of life sciences and law”, from Amsterdam. The theme “Blurring Boundaries - Exploring the convergence of life sciences and law” aimed to:Uncover the latest breakthroughs: Dive into the forefront of life sciences advances, including biotechnology, genetics, pharmaceuticals, and medical devicesAddress the regulatory gap: Engage in interactive workshops to bridge the divide between rapid innovation and the development of legal frame­work­sNav­ig­ate global challenges: Explore the impact of globalisation, ethical considerations, privacy concerns, and societal implications on the life sciences sectorFoster collaboration: Connect with legal and scientific minds, exchange ideas, and build valuable re­la­tion­shipsP­resent­a­tions were delivered by fantastic industry speakers, including Annemiek Verkamman (Managing Director, Hollandbio), Charida Dorder (Member of the Dutch AI Coalition), Wouter Boon (Associate Professor, Utrecht University) and Marc Kaptein (Medical Director, Pfizer), as they shared their expertise, thoughts and insights on how the sector is “Blurring Boundaries”. We were also joined by Simon Neill (Senior Legal Director) at Johnson & John­son and Joep Rijnierse (Senior Medical Director) at Amgen in our workshops. This webpage has been designed to keep you updated on the Forum, our speakers, as well as provide you with the useful resources complementing the theme “Blurring Boundaries - Exploring the convergence of life sciences and law”. You will also find on this page details on how to stay connected with CMS through our upcoming webinar series, On the Pulse Webinar Series 2023 - Autumn (cms. law); free eAlert service, Law-Now; and social media channels.
24/10/2023
CMS European Energy Sector M&A and Investment Outlook 2024
As the world economy increasingly embraces the push towards decarbonisation, Europe has actively sought to place itself at the vanguard of the discussion on energy trans­ition. Op­por­tun­it­ies to deploy capital abound as power sources switch further towards offshore and onshore wind, solar, heat, hydrogen, battery storage, new networks, carbon capture, and industrial decarbonisation. The latter brings an interface with other sectors such as technology companies (with power hungry data centres a particular focus), real estate, low carbon transport and decarbonisation of industrial processes such as cement, glass and steel production. As much as it is difficult, complex and highly political, the energy transition is also a huge business opportunity. To reach net zero by 2050, the International Energy Agency (IEA) estimates that global investment in clean energy alone will need to increase from the USD390bn in the first half of 2023, to USD 1.3tn in 2030. Many commentators worried that Russia’s invasion of Ukraine would put back the transition and shift Europe back towards fossil fuels. While it appears to have resulted in a renewed political focus on energy security it has also laid bare the financial and political consequences of relying on oil & gas imports, giving further impetus to renewables as a secure form of energy. Europe has also sought to be a leading light on the concept of “reaching net zero”, with the European Union (EU) having set out its ambition, back in 2019, to become the world’s first major economic bloc to be climate-neutral by 2050. This has added momentum to energy investment and M&A over recent years – 2021 and 2022 saw the second and third highest annual aggregate values of Western European M&A in the sector on record, at USD 59.8bn and USD 53.7bn, respectively, bested only by the anomalously high total of USD 89.4bn logged in 2018. Energy M&A in the region has been more subdued in 2023, but our survey demonstrates that energy executives are gearing up for a more active dealmaking period, with most expecting more opportunities and anticipating increased levels of investment in the year ahead. Capital looks set to continue to flow primarily to renewable energy projects and related assets, with solar and batteries topping the list of attractive subsectors among our respondents. Consistent with this, South West Europe takes pole position as the most promising region for investment opportunities. But there are thorns among the roses. Our respondents are cognizant of the challenges in the energy market, with supply-chain volatility and commodity price increases emerging as a prominent concern. This is unsurprising after a period of dislocation following the pandemic and amid a time of rising global demand for renewable products and commodities. Persistent inflation and elevated interest rates, combined with an uncertain macroeconomic outlook, are raising investors’ concerns, with financing risk (including the increased cost of financing) also coming to the fore for respondents. Overall, while some sense a recent softening of the market due to these fundamentals, our survey paints a picture of steadily improving investor sentiment in Europe’s energy sector, laying the foundations for a busier period ahead for M&A activity.
11/10/2023
CMS DTx Legal Navigator
Assisting companies scale their digital therapeutics (DTx) internationally
14/09/2023
Energy Transition 2023
As the world seeks to balance energy security and affordability with the broadly agreed imperative to address carbon emissions, this report seeks to provide a timely update on how major oil and gas companies are navigating the energy transition based on an analysis of their published data.
13/09/2023
Turning the Corner? CMS European M&A Outlook 2024
We are pleased to share with you the 2024 edition of the European M&A Outlook, published by CMS in association with Mergermarket.