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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
15/09/2022
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.
09/2022
Man­aging Sup­ply Chain Risk
In June 2021, BCG and CMS pub­lished a White Pa­per en­titled “Man­aging Sup­ply Chain Risk – A leg­al and stra­tegic per­spect­ive”. In view of the rising num­ber of laws ob­lig­at­ing com­pan­ies to pre­vent and mit­ig­ate risks re­lat­ing to hu­man rights and the en­vir­on­ment in their sup­ply chains, the White Pa­per provided an over­view of se­lec­ted laws, and offered prac­tic­al guid­ance on how to man­age such risks. One not­able ex­ample of na­tion­al sup­ply chain reg­u­la­tion is the Ger­man Sup­ply Chain Due Di­li­gence Act (“Ger­man Sup­ply Chain Act”), which was ad­op­ted in June 2021 and will come in­to force on 1 Janu­ary 2023.The be­low pa­per, pub­lished in Septem­ber 2022, is the fol­low up pa­per on this top­ic – we are shar­ing our prac­tic­al ex­per­i­ence from work­ing with mul­tiple cli­ents across dif­fer­ent in­dus­tries and ad­dress what leg­al and stra­tegic chal­lenges the cli­ents face when man­aging sup­ply chain com­pli­ance. The prin­cip­al chal­lenges are de­tailed in the pa­per, to­geth­er with the les­sons on best prac­tice that we have picked up along the way.
18/08/2022
The Mer­ger Con­trol Re­view in Switzer­land
In­tro­duc­tion Mer­ger con­trol in Switzer­land is gov­erned primar­ily by the Fed­er­al Act on Car­tels and Oth­er Re­straints of Com­pet­i­tion (CartA) and the Mer­ger Con­trol Or­din­ance (MCO; see Sec­tion III). These...
14/07/2022
Leg­al is­sues in the meta­verse
In­tro­duc­tion to the meta­verse In re­cent months, ‘meta­verse’ has be­come a buzzword, fea­tured in nu­mer­ous art­icles and me­dia re­ports, and has even been re­ferred to as web 3.0, without a pre­cise defin­i­tion of what meta­verse is be­ing offered. However, the term is not new: it already ex­is­ted in the 1990s, and in the 2000s com­puter games be­came wide­spread, in which users could live a second life with their avatars, buy vir­tu­al ob­jects, ter­rit­or­ies and even ad­vert­ising space, in a vir­tu­al world built for this pur­pose. Block­chain tech­no­logy has giv­en a fur­ther boost to these de­vel­op­ments, mak­ing it pos­sible to add value to vir­tu­al goods through token­isa­tion and to link the world of cryp­tos to these vir­tu­al worlds, al­low­ing for real-time ex­change and man­age­ment of goods with real eco­nom­ic value. Leg­al is­sues in the meta­verse There are a vari­ety of leg­al is­sues con­cern­ing the meta­verse, es­pe­cially giv­en that it is a meet­ing point for mul­tiple tech­no­lo­gies, re­quir­ing or linked to serv­ers, host­ing, soft­ware, plat­forms, hard­ware and oth­er peri­pher­als (e.g. VR glasses and haptic gloves for sens­ing vir­tu­al ob­jects), con­tent, graph­ics, maps, build­ings, pho­tos, in­ter­faces, as well as block­chain for ac­quir­ing and re­gis­ter­ing token­ised vir­tu­al as­sets. This di­versity also raises a host of leg­al is­sues ran­ging from in­tel­lec­tu­al prop­erty rights to data pro­tec­tion and civil law.In this series of art­icles, we ex­plore the key is­sues con­cern­ing the meta­verse, in­clud­ing:Part 1: What is the meta­verse?Part 2: Trade­marks and copy­right, NFTs and civil law prin­ciples in meta­verseP­art 3: Data pro­tec­tion chal­lenges, the im­port­ance of cy­ber­se­cur­ity, ad­vert­ising reg­u­la­tion in meta­verseP­art 4: Ex­pec­ted im­pact of the EU Ar­ti­fi­cial In­tel­li­gence Reg­u­la­tion, the meta­verse as a work­place
01/07/2022
Mar­riage for all
Since the Swiss Civil Code entered in­to force in 1912, Swiss mar­riage and fam­ily law has evolved dur­ing time due to the shift­ing views re­gard­ing equal­ity between the parties in­volved. The in­tro­duc­tion of the re­gistered part­ner­ship in 2007 cre­ated a spe­cial civil status for re­gistered same-sex couples. While this was a pro­gress, it did not lead to an equal treat­ment com­pared to mat­ri­mony. There­fore, a par­lia­ment­ary ini­ti­at­ive was launched in 2013 and called on the le­gis­lat­or to open the mar­riage to all couples, re­gard­less of their sexu­al ori­ent­a­tion. On 26 Septem­ber 2021, the mar­riage for all won thump­ing ap­prov­al of the Swiss elect­or­ate. This makes Switzer­land the 30th coun­try world­wide – and one of the last in West­ern Europe – to ex­tend civil mar­it­al status to male-male and fe­male-fe­male couples.As of 1 Ju­ly 2022, mat­ri­mony is open to same-sex couples in Switzer­land. It is no longer pos­sible to es­tab­lish new re­gistered part­ner­ships. Nev­er­the­less, ex­ist­ing re­gistered part­ner­ships will con­tin­ue to ex­ist, provided they are not con­ver­ted in­to a mar­riage by the couple's joint de­clar­a­tion at a civil re­gis­trar of their choice.As a de­fault rule of law, re­gistered part­ner­ships were sub­ject to the rules of sep­ar­a­tion of prop­erty (ab­sent over­rid­ing con­trac­tu­al pro­vi­sions agreed-upon by the couple). Un­der the new law, the re­gime of par­ti­cip­a­tion in ac­quired prop­erty shall ap­ply to same-sex mar­riages as a stand­ard rule of law. As a res­ult, the po­s­i­tion of the sur­viv­ing spouse is strengthened.If a re­gistered couple con­verts their part­ner­ship to mar­riage, the rules on par­ti­cip­a­tion in ac­quired prop­erty will ap­ply ret­ro­act­ively un­less the couple has pre­vi­ously entered in­to a nup­tial agree­ment or, al­tern­at­ively, changes the ap­plic­a­tion of the stat­utory law by con­tract. Hence, an ex­ist­ing nup­tial agree­ment re­mains val­id bey­ond the con­ver­sion.With the pos­sib­il­ity to marry, same-sex couples ac­quire full ad­op­tion rights. They may ad­opt the child of their part­ner and may also ad­opt jointly.Fi­nally, the sim­pli­fied nat­ur­al­iz­a­tion pro­ced­ure is now also open to mar­ried same-sex couples. 
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
24/03/2022
CMS European M&A Study 2022
The CMS Cor­por­ate/M&A Group is pleased to launch the four­teenth edi­tion of the European M&A Study
23/03/2022
Lex­o­logy GT­DT - Do­mains and Do­main Names 2022 (Switzer­land)
Which en­tity is re­spons­ible for re­gis­tra­tion of do­main names in the coun­try code top-level do­main (ccTLD)?The re­gistry for the ccTLDs .ch (for Switzer­land) and .li (for Liecht­en­stein) is handled by SWITCH...
17/02/2022
Q&A | Corona-Pan­dem­ic and Gen­er­al Meet­ings
Corona-Pan­dem­ic (COV­ID-19) and Gen­er­al Meet­ings Ques­tions and an­swers in re­la­tion to COV­ID-19 in Switzer­land  My com­pany plans its an­nu­al gen­er­al meet­ing. Are gen­er­al meet­ings af­fected by the Swiss...