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22/11/2022
Life Sci­ences are reap­ing the re­ward of di­git­al ad­vances but IP and con­tract...
Di­git­al trans­form­a­tion in life sci­ences is cre­at­ing op­por­tun­it­ies to counter health­care’s most in­tract­able prob­lems from treat­ing rare dis­eases to ac­cel­er­at­ing dia­gnostics and re­du­cing treat­ment back­logs.But tech­no­lo­gic­al ad­vances are out­strip­ping le­gis­lat­ive and reg­u­lat­ory frame­works giv­ing rise to a land­scape strewn with is­sues over data, pri­vacy and IP, the re­cent CMS Glob­al Life Sci­ences & Health­care For­um 2022 heard.“Tech­no­logy change ob­vi­ously brings with it risks in im­ple­ment­a­tion and new uses of tech­no­logy and new reg­u­la­tion and le­gis­la­tion brings new risk,” Jeremy Mash, part­ner at CMS Lon­don, told del­eg­ates.AI is a po­tent force in life sci­ences with ma­chine learn­ing and pa­tient data open­ing up new op­por­tun­it­ies to re­volu­tion­ise health­care and re­lieve sys­tems bogged down by la­bor­i­ous pro­cesses and shrink­ing budgets.The ad­vances are wel­comed across life sci­ences and di­git­al has been en­shrined in most na­tion’s health sys­tem plan­ning but some fun­da­ment­al prin­ciples such as who owns or is re­spons­ible for pa­tient data, new routes to treat­ments and the con­sequences of mis­takes have yet to be fully tested.“There are situ­ations where you can see that evolving in­to risk and leg­al prob­lems,” ad­ded Jeremy. “There is in­creas­ing use of le­gis­la­tion in the space and there is con­cern about where it is go­ing to lead. There are a lot of data is­sues about quite what the ‘black box’ is do­ing and you can see people start­ing to raise con­cerns about how their data is be­ing used.“There is also a lot talk about who is li­able if that AI does not work. Is it the per­son who im­ple­men­ted it or the per­son de­signed it?”CMS ex­amined the emer­ging is­sues in its Tech­no­logy Trans­form­a­tion re­port, which sur­veyed 510 seni­or coun­sel and risk man­agers across sec­tors and dis­covered a range of pre­pared­ness and safe­guards.It iden­ti­fied that IP is­sues rep­res­ent 65% of ex­pec­ted fu­ture tech­no­logy dis­putes, ob­served Jane Hol­ly­wood, part­ner at CMS Lon­don and pat­ent at­tor­ney. She said the ex­ist­ing risk man­age­ment sys­tems for identi­fy­ing, ana­lys­ing, re­view­ing, mit­ig­at­ing and mon­it­or­ing IP risk may need stiff­en­ing.“It's one thing to have con­trac­tu­al ob­lig­a­tions and train­ing for your people gov­ern­ing how you pro­tect your IP and not mis­use third party IP,” she told the For­um, in Brus­sels. “But it's quite an­oth­er to en­sure that your pro­ced­ures re­main ad­equate while you're op­er­at­ing in a world of ma­chine learn­ing al­gorithms and AI fa­cil­it­ated de­cision mak­ing.”She ad­ded: “The IP sys­tem does not evolve as quickly as tech­no­logy ad­vances and there­fore we can have chal­lenges ob­tain­ing pro­tec­tion for new tech­no­lo­gies. We've seen this very much with AI and di­git­al health tech­no­lo­gies where pat­ent pro­tec­tion can be dif­fi­cult to get.”She said that identi­fy­ing own­er­ship and cap­tur­ing de­vel­op­ments in a fast-mov­ing sec­tor where col­lab­or­a­tion and joint ven­tures are com­mon can also gen­er­ate dis­putes.“Big Pharma is in­creas­ingly part­ner­ing with di­git­al health com­pan­ies for drug dis­cov­ery and pa­tient en­gage­ment and clin­ic­al tri­al auto­ma­tion and, again, there's a lack of clar­ity about who owns the data that's gen­er­ated from these part­ner­ships so this is also likely to lead to dis­putes in the fu­ture,” said Jane.To read the full sur­vey, vis­it Tech­no­logy Trans­form­a­tion re­port.
08/11/2022
Tech­no­logy Trans­form­a­tion – Me­dia
The me­dia sec­tor is known to be highly com­pet­it­ive, with that com­pet­i­tion driv­ing in­nov­a­tion. Older me­dia busi­nesses have had to grapple with dis­rupt­ive new entrants. And those new entrants are con­stantly work­ing to de­liv­er bet­ter and more en­ga­ging con­tent and user ex­per­i­ences to main­tain their ad­vant­age. Di­git­isa­tion has changed how me­dia com­pan­ies in­ter­act with their audi­ence in ways we could not have ima­gined just a few years ago, but this comes with risk.This re­port is a deep dive in­to the data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 cor­por­ate coun­sel and risk man­agers sur­veyed from mul­tiple in­dus­tries across the world. Here we look in de­tail at the 75 re­spond­ents from the me­dia sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. What did we find? Me­dia is a dy­nam­ic sec­tor and can be an early ad­op­ter of many nov­el tech­no­lo­gies as com­pan­ies push for com­pet­it­ive ad­vant­ages to cre­ate and sat­is­fy cus­tom­er de­mand. As we look to the fu­ture, the sec­tor does seem un­der­prepared in some areas, which is a po­ten­tial cause for con­cern.Down­load the Tech­no­logy Trans­form­a­tion me­dia sec­tor re­port now to read aboutThe prin­cip­al drivers in the ad­op­tion of busi­ness-crit­ic­al tech­no­logy in the me­dia sec­tor­Con­fid­ence in man­aging tech-re­lated risks among seni­or me­dia ex­ec­ut­ivesFu­ture threats from new tech­no­lo­gies like AI and block­chain­Which plans and pro­cesses me­dia com­pan­ies are put­ting in place to pro­tect tech in­fra­struc­ture­Cul­tur­al bar­ri­ers to man­aging tech risks in the me­dia sec­tor­Preferred ap­proaches to dis­pute res­ol­u­tion in the me­dia sec­tor
28/10/2022
CMS Real Es­tate Glob­al Bro­chure
Glob­al­isa­tion, polit­ic­al tur­bu­lence, changes in urb­an liv­ing pat­terns, in­creased di­git­isa­tion, shift­ing con­sumer be­ha­viour and flex­ible work­ing are just some of the is­sues that are trans­form­ing the de­mands...
25/10/2022
CMS European Private Equity Study 2022
We are very pleased to share with you the first edi­tion of the CMS European Private Equity Study 2022.This study ana­lyses over 100 CMS Private Equity deals that we ad­vised on in 2021 also tak­ing in­to ac­count for com­par­is­on data of PE deals we ad­vised on in 2020 and trade deals of both peri­ods. Key find­ings based on ana­lys­is of 2021 deals Deal activ­ity: deal volume was in line with gen­er­al mar­ket trends, with a sig­ni­fic­ant de­crease in deal activ­ity in 2020, the year of the out­break of COV­ID-19, fol­lowed by an un­pre­ced­en­ted level of activ­ity in 2021.Deal Drivers: one of 2021's ma­jor deal drivers was di­git­al­isa­tion (11% in 2021 com­pared to 2% in 2019 and 2020).For­eign In­vest­ment Con­trol: In 2021, 14.8% of the PE deals we ana­lysed in­cluded some form of FDI ap­prov­al pro­cess as part of the con­trac­tu­al terms.W&I In­sur­ance: The num­ber of PE deals fea­tur­ing W&I in­sur­ance in­creased from 36% in 2020 to 42% in 2021. In high­er value deals (where the pur­chase price is more than EUR 100m), W&I in­sur­ance cov­er­age is now the stand­ard, hav­ing been used in 74% of the PE deals we ana­lysed.Man­age­ment in­cent­ive schemes: The ma­jor­ity of the in­cent­ive schemes re­viewed al­loc­ated up to 25% of the exit pro­ceeds to man­age­ment. In more than 70% of cases leav­er pro­vi­sions ap­ply and, when triggered, man­age­ment has to for­feit or sell (de­pend­ing on wheth­er they are a good or bad leav­er) both sweet equity and any strip (e.g. rollover in­vest­ment).
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
06/10/2022
The Ven­ture Law Re­view | 2022
Switzer­land Chapter | 2022 Edi­tion
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
09/2022
On your radar | Is­sue 19
Key em­ploy­ment is­sues to be aware of in­ter­na­tion­ally
12/09/2022
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...
2022
CMS State Aid Group
CMS has a ded­ic­ated team of leg­al spe­cial­ists to ad­vise on State aid-re­lated mat­ters. Our State aid spe­cial­ist law­yers take a thor­ough ap­proach to leg­al de­tail and can also stand back and take a wider...
08/09/2022
Tech­no­logy Trans­form­a­tion - Con­sumer Products & Re­tail
Di­git­al­isa­tion has trans­formed how con­sumer products are man­u­fac­tured, dis­trib­uted and sold.The push to main­tain a com­pet­it­ive ad­vant­age, drives in­creased in­vest­ment in new tech­no­lo­gies. This in­vest­ment may re­duce op­er­a­tion­al cost and ease the re­ten­tion of leg­acy sys­tems, but what chal­lenges arise and how do busi­nesses ap­proach the chan­ging risk pro­file?This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. In the ori­gin­al re­port we sur­veyed over 500 cor­por­ate coun­sel and risk man­agers from mul­tiple in­dus­tries across the world.Here, we look in de­tail at the 75 re­spond­ents sur­veyed in the con­sumer and re­tail sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. Our sur­vey shows that busi­nesses across the sec­tor, wheth­er re­tail­ers or man­u­fac­tur­ers, have the same con­cerns but the in­flu­ences on the ad­op­tion of tech­no­logy, the res­ult­ing risks, and the ap­proaches taken to mit­ig­ate or re­solve those risks vary de­pend­ing on wheth­er or not the busi­ness in­volves a dir­ect sales re­la­tion­ship with the con­sumer.Down­load the con­sumer and re­tail sec­tor re­port now to read about: Drivers of tech­no­logy ad­op­tion in the con­sumer and re­tail sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the con­sumer and re­tail sec­tor­Fu­ture risks and meas­ures to deal with themPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the con­sumer and re­tail sec­tor