Feed

03/12/2024
International arbitration law and rules in Colombia
Alternative dispute resolution, including arbitration, is the most effective way to overcome delays in ordinary justice in Colombia. Commercial arbitration is the preferred method to resolve disputes...
29/11/2024
Hydrogen law, regulations & strategy in Colombia
CURRENT STATUS OF HYDROGEN PROJECTS Colombia has a strong commitment to reducing emissions and meeting its decarbonisation goals. In the last 10 years, Colombia has bolstered its legal framework1Law 1715...
Comparable
26/11/2024
On the Pulse webinar series 2024 - Autumn
Welcome to the Autumn part of the 2024 On the Pulse webinar series.  This webinar series brings you updates on the latest legal and commercial developments in the life sciences & healthcare sector from around the world. We will be hosting webinars on:EU Health Data Space - 24 OctoberCyber Breach Preparedness and Response for the Life Sciences & Healthcare Sector - 26 NovemberThe webinars will be one hour in length with a 15-minute Q&A session.
26/11/2024
Technology Transformation: Drive innovation, mitigate the risks
Expectations and reality of tech-related risks
26/11/2024
Real estate finance law in Colombia
A. MORTGAGES 1. Can security be granted to a foreign lender? Yes. 2. Can lenders take a mortgage over land and buildings on the land? Yes. 2.1 What is the distinction between mortgages over land and...
21/11/2024
CMS Expert Guide to Crypto Regulation in Colombia
Disclaimer: This chapter was last updated on 21 November 2024 and does not reflect any subsequent developments. The information provided is intended for general informational purposes and should not be...
20/11/2024
COP29: A glimpse into the first week of negotiations, commitments and challenges
The 29th United Nations Climate Change Conference (“COP29”) in Baku, Azerbaijan, has brought together over 35,000 participants from 195 countries. During the first week of negotiations, COP29 staged many achievements on matters ranging from carbon market reforms to energy initiatives as well as contentious items underlying the unresolved conflicts in the climate agenda. Our insights and key takeaways from the first week of COP29 are summarised below.
18/11/2024
Regulations on sexual harassment in the workplace in Colombia
1. Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since...
Comparable
14/11/2024
CMS Expert Guide to Transfer Pricing Documentation in Colombia
A. Transfer pricing documentation requirements 1. In your jurisdiction, are taxpayers obliged to maintain transfer pricing (“TP”) documentation? Does this obligation apply to all taxpayers, or only...
11/11/2024
Artificial Intelligence and Copyright Case Tracker
Executive summary  The rapid growth of generative AI including popular models such as ChatGPT, Microsoft’s Copilot and Google’s Gemini (formerly Bard) have brought to fore many new legal issues relating to ownership, subsistence and infringement of copyright law. At the heart of the discourse is the reinterpretation of copyright principles in the age of AI-generated content. Long established principles about subsistence, authorship and ownership of content are being re-examined in the wake of the explosion of AI generated work being created and the demand from businesses who want to secure the profitability gains from using generative AI without losing control of any IP rights associated with content which may be in whole or in part created using AI tools. It is unsurprising that the US Courts have led the way in AI & copyright litigation to date given most of the leading AI technology providers are based there, but we are starting to see similar claims being issued before UK and European Courts. Some of the questions UK and European Courts are already grappling with include:Is there a valid infringement claim where the entirety of a copyright work is copied for the purpose of training a large language model but the “allegedly infringing” output seen by consumers only contains “in­fin­ites­im­ally small” reproductions of the original work, which is the case in UK case Getty Images (US) Inc & Ors v Stability AI Ltd?What about if the defendant argues the dataset used for training said machine is using only transient copies of the original work , which is the case in German case Robert Kneschke & LAION e.V.?And how do we define the authorship of work created by AI, particularly where the law may define the author as a “natural person” which is/has been considered in the Czech Republic between S. Š. (individual) v TAUBEL LEGAL, advokátní kancelář s.r.o. Case No. 13/2023? These are some of the issues emerging from the adoption and use of generative AI, an area that is likely to be increasingly complicated by newer and more advanced technologies, and the implementation of the EU AI Act. Working with our CMS colleagues across UK and Europe we have built a copyright + AI case tracker providing accessible, easily digestible case summaries, updated regularly, covering the most topical case law in the area of AI and copyright. Each case summary in this copyright + AI tracker provides details of the relevant litigation, including summaries of each party’s arguments and the final judgment, in order to develop an understanding of this new developing landscape of case law. There are multiple ongoing copyright claims being litigated in the US including between NBC Universal and Anthropic, the New York Times and OpenAI, the Dow Jones and Perplexity, and Getty and Stability AI. All of these cases concern similar issues, namely the lawfulness of training AI models on datasets containing third party copyright works, as well as liability for the outputs produced. If you would like to know more about these cases, or how these issues might impact on your business, please get in touch. We have a network of ‘best friend’ firms across the US, who can assist further, if required. If you become aware of a case which we have not yet summarised, please do let us know by emailing copy­rightAItrack­er@cms-cmno. com
08/11/2024
Time to put COP28 to the test: COP28 reflections and COP29 expectations
With record level of participation from a diverse range of stakeholders, COP28 in Dubai, UAE, put forward a bold agenda and secured notable commitments in the Global Stocktake, climate finance and the energy transition. The real test of success will depend on the concrete actions from COP29 in Baku, Azerbaijan. Billed as the 'Finance COP,' COP29 is expected to address critical gaps in the green transition, and our insights and key takeaways are summarized below.
06/11/2024
COP29
Welcome to CMS’s COP29 Hub, home to our COP29 delegates’ firsthand experience of the conference and our climate change experts’ analysis of COP29’s themes and pledges. We will post updates here throughout COP29 and look forward to discussing the implications of the negotiations with you.