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23/04/2024
On the Pulse webinar series 2024
Welcome to 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. Over the coming period, we will be hosting two webinars on:Unified Patent Court (UPC) - 23 AprilEU Pharma Package - 18 JuneEach webinar will be one hour in length with a 15-minute Q&A session.
17/04/2024
Impact of the CJEU's Schufa judgment on the use of AI in HR
This article examines the extent to which the CJEU's Schufa judgment is an obstacle to the use of artificial intelligence (AI) in the HR sector.More and more companies are using AI systems in HR. A key...
17/04/2024
CMS data protection update (04/2024)
I. The latest from the data protection authorities and current topics1. EDPB: Launch of coordinated enforcement on the right of accessThe European Data Protection Board (EDPB) selected the right of access...
17/04/2024
Podcast CMS To Go | Güteverfahren – eine effiziente Alternative zu Gerichts­ver­fahren?
Court proceedings clearly often cost a lot of time, money and internal resources, as well as damaging ongoing business relationships. So are there any alternatives? Mediation and arbitration proceedings offer a little-known but efficient option, which Claus Thiery and Sandra Renschke present in our new Litigation Matters podcast. Appearing as a guest is Dr Ulrich Hagel, CEO of EUCON, the European Institute for Conflict Management. As a recognised mediation body, EUCON provides a way of handling commercial disputes. Dr Ulrich Hagel reports at first hand on how me­di­ation/ar­bit­ra­tion proceedings work, what advantages they offer and what the differences are between them and other types of proceedings.
17/04/2024
Update - The new EU rules for digital markets go live!
The European Union's Digital Strategy aims to regulate the digital economy. And the new rules are now coming to life. CMS is pleased to invite you to our EU Digital Regulation and Antitrust Briefing in the CMS Representative Office in Mountain View on Tuesday, April 16 at 5:00 pm PST with our special guest: Andreas Schwab, Member of the European Parliament, and specialist in antitrust, digital regulation and AI. We will discuss everything you need to know about the new EU rules for digital markets: Digital Gatekeepers must comply with the Digital Markets Act (DMA) since March 7, and the Digital Services Act (DSA) is fully in force since February. The groundbreaking EU Artificial Intelligence Act (AIA) has been agreed and will soon come into force. And there is much more.
16/04/2024
Scope and implementation of the right of access under data protection law
The scope of the right of access under data protection law pursuant to Article 15 GDPR is controversial. This is leading to uncertainties as to how to fulfil that right. In autumn 2023, the European...
16/04/2024
CMS advises on the financing for oil logistics company Unitank
Hamburg – Unitank group, an international service provider for petroleum products and operator of six large oil tanks at five locations in Germany and abroad, has entered into a facilities agreement with a total volume of EUR 157 million to refinance an existing financing. The lenders include Helaba Landesbank Hessen-Thürin­gen, National Australia Bank Limited and Scotiabank.A CMS team lead by the partners Dr Marc Riede and Dr Thomas de la Motte provided comprehensive legal advice to the banking consortium on the drafting and negotiation of the financing documentation involving several jurisdictions. Glas SAS and Global Loan Agency Services GmbH acted as security agent or facility agent respectively. The financial advisor in the transaction was Rothschild & Co. CMS Germany Dr Marc Riede, Lead Partner Dr Thomas de la Motte, Lead Partner Nicolai Bischof, Senior Associate Kai Lüdiger, Associate Marcel Müller, Associate, all Banking & Finance CMS Belgium Benoît Vandervelde, Partner Florence Berchem, Associate, both Banking & Finance CMS Luxembourg Vivian Walry, Part­ner Char­lotte Demeuldre, Counsel Suzanne Chibane, Managing Associate, all Banking & Finance CMS UK Hugo Coetzee, Partner Oliver Brown, both Banking & FinancePress Con­tact presse@cms-hs. com
15/04/2024
CMS advises Silver Investment Partners on setting up COHEMI Group
Frankfurt/Main – Consulting firms SIRIUS Consulting & Training, Acuroc Solutions and IQ Solutions have joined forces and will operate as members of the COHEMI Group going forward. The newly formed group will focus on IT, process and organisational consulting services. The aim is to jointly leverage the growth opportunities in the market and create economies of scale at group level. The planned growth will be supported by an investment from Silver Investment Partners (SIP), an independent equity finance investor specialising in medium-sized companies. The existing management of all three companies will remain both operationally and financially involved.A CMS team headed by lead partner Dr Peter Polke advised SIP on all legal aspects of acquisitions made in connection with structuring and expanding the majority stake in the COHEMI Group. Dr Peter Polke previously advised SIP during his time at King & Wood Mallesons. The private equity specialist moved from KWM to CMS with effect from 1 January 2024 and is now reinforcing the private equity practice at CMS. Based in Königstein im Taunus, SIP is an independent equity finance investor for medium-sized companies in Germany, Austria and Switzerland. As an entrepreneurial, experienced and trusted partner, Silver Investment Partners takes majority and minority stakes in companies with revenues of between EUR 5 and 100 million, with a focus on companies in the EUR 10 to 50 million range. The COHEMI Group comprises SIRIUS Consulting & Training GmbH, Acuroc Solutions GmbH and IQ Solutions GmbH. Their operational businesses currently employ almost 100 consultants across four locations in Germany, with the headquarters in Frankfurt am Main. The consulting group’s main focus at present is on IT governance, IT project management, (IT) service management, change management, asset strategy & performance management, data management and software asset and license management. The group intends to steadily expand its portfolio by pursuing a long-term buy-and-build strategy. CMS Germany Dr Peter Polke, Lead Partner Dr Dirk Baukholt, Principal Counsel Hanno Brandt, Senior Associate Julian Buhr, Legal Coordinator, all Corporate/M&A Carsten Domke, Partner Jonas Hötzel, Associate, both Labor, Employment & Pensions Philipp Lotze, Partner Theresa Lenger, Senior Associate, both IP/IT Stefan Lehr, Partner, RegulatoryPress Con­tact presse@cms-hs. com
15/04/2024
Co-determination in the setup and organisation of whistleblower reporting...
This article deals with the co-determination rights of the works council as regards whistleblower reporting offices in accordance with the German Whistleblower Protection Act (HinSchG).The legislator...
11/04/2024
Navigating clinical trial disclosures: No reasonable expectation of success...
Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial...
10/04/2024
Podcast CMS To Go | KI-Verordnung: Was Arbeitgeber wissen müssen
The EU’s AI Regulation aims to promote the introduction of human-centred and trustworthy artificial intelligence in Europe. But what is the content of this much-discussed new framework and what is its purpose? What implications does it have for employers and for the use of AI within companies? Will the goal of the legislation actually be achieved or is the opposite likely to be the case? In a new "Employment law made simple" podcast, Dr Inka Knappertsbusch and Patricia Jares address these questions and many other interesting issues. Have a listen.
09/04/2024
EU Banking Package - New Rules for Third-Country Banks
EU legislators agree on harmonised requirements for market access for entities from third countriesThe European Commission, the European Parliament and the European Council have concluded their trilogue...