Home / Publications

Publications

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.



Expertise
01/03/2024
Digital Assets
Does your business have or is it ready for digitalisation and digital assets? Digital assets are transforming the world of business. Not just technologies in the news, like AI and crypto currencies, but a whole world of technological advances, from digital twins and extended reality to smart contracts and token­isa­tion. For tech businesses and those already using such technology to develop and market new products, much of this is core activity and relatively well understood – although legal and regulatory uncertainties remain, and potential pitfalls still exist for the unwary. But other business leaders, often less familiar with the territory, have to manage an increasingly complex assortment of issues that never troubled their predecessors, ranging from protecting their brand in the metaverse to deciding whether they should tokenise their shares or accept payments in crypto currencies. This section of Bandwidth looks at issues around the development and regulation of a wide variety of digital assets, and discusses how businesses can embrace them to innovate and evolve.
07/09/2023
What does consumer duty mean for Fintechs?
This article first appeared in DIGIT News, 5 September 2023. In this contributed piece for DIGIT, Aidan Campbell, partner; and Jamie Marshall, senior associate at CMS break down the cascading effects...
28/04/2023
Digital Assets: Non-Fungible Tokens
CMS has collaborated with UK Finance to deliver a report on NFTs and the broader digital assets ecosystem. From how digital assets actually work to how they are regulated and how they can be used by financial...
12/04/2023
EU Data Act – Focus on Cloud Services
In 2021, the European Commission released its proposal for a “Data Act”, a far-reaching legal regime on access to and use of non-personal data in the EU. The basic premise underlying the Commission’s proposal is that industrial data – 80% of which is not used to date – constitutes untapped potential. Through the Data Act, the Commission aims to overcome the legal, economic and technical obstacles it believes to be responsible for the underuse of data, and to clear the way for increased data use. In this series of articles, we discuss different aspects of the proposed Act as it moves towards its final form. With the Act now in the trilogue phase, many of the issues discussed in the series are likely to feature heavily in discussions between the European Council and Parliament, the outcomes of which will be wide-reaching for the European cloud industry. For more information on the Data Act or any of the issues discussed in the articles, please reach out to any of the contacts listed here or your usual CMS contact.
13/03/2023
Update to Silicon Valley Bank’s current position and what it means
We have been continuing to monitor the situation at Silicon Valley Bank since our Client Alert issued yesterday afternoon. Like the rest of the sector, we were relieved at this morning’s announcement...
12/03/2023
Silicon Valley Bank’s current position and what to do about it
Please refer to our latest publication Update to Silicon Valley Bank's current position and what it means for the most up-to-date guidance. The team here at CMS has been saddened by the collapse of the...
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
17/08/2022
CMS Electric Vehicle Round-up Q2 2022
We are pleased to share the CMS Electric Vehicle Round-up for Q2 2022 – an at-a-glance round-up of the key developments in the UK EV space this past quarter. In this issue, we cover some of the following...
20/04/2022
CMS Electric Vehicle Round-up Q1 2022
We are pleased to share the CMS Electric Vehicle Round-up for Q1 2022 – an at-a-glance round-up of the key developments in the UK EV space this past quarter. In this issue, we cover some of the following...
01/03/2022
It’s time we got on the right track with self-driving’ cars
Anyone who has spent hours on long motorway journeys will respond to the idea of an Automated Vehicle (AV) doing the work for you. In the real world, AVs have been developed more with an eye on improved...
09/02/2022
CMS 2021 SEP/FRAND Litigation Round Up
In case you missed any of the key FRAND related patent decisions from last year, set out below is our case round-up. Do reach out for further details. Jurisdictional Challenges - Nokia V Oppo Nokia v...
31/01/2022
CMS Electric Vehicle Round-up Q4 2021
We are pleased to share the fifth issue of the CMS Electric Vehicle Round-up – an at-a-glance round-up of the key developments in the UK over Q4 2021 in the EV space. In this issue, we cover some of...