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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.



Media type
Expertise
24/05/2024
Nordic Webinar Series: CMS M&A Study 2024
Second Edition in Stockholm, SwedenThe second Nordic webinar of the CMS M&A Study took place at the CMS Wistrand office in Stockholm, Sweden. This event followed the inaugural Nordic edition, which was hosted at CMS Kluge in Norway. We were pleased to have our colleagues from CMS Kluge join us for the second edition in Sweden. For more information and to access related resources, please find the link below.
23/05/2024
Back to Basics briefings - New briefing added!
CMS Funds Group Back to Basics briefings intend to provide high level insights regarding funds fundamentals, funds vehicles and operational considerations New briefings are published on a regular basis, covering a specific jurisdiction or topic, and providing basic essential technical explanations.
22/05/2024
CMS Life Sciences Vital Signs Spring 2024
As we push on into 2024 and towards summer, both the weather and some legal areas are hotting up. This edition of Vital Signs looks in detail at recent developments in four diverse legal areas. First...
21/05/2024
Powering the legal revolution: How legal operations is transforming service...
Powering the legal revolution: How legal operations is transforming service delivery for competitive advantage
17/05/2024
CMS International Construction Study 2024
In recent years, construction and engineering businesses have faced a whole storm of headwinds. CMS, in partnership with YouGov, asked in-house lawyers about the biggest challenges of managing disputes in this environment - and how those challenges can be met.   Sixty-second summaryThe evolving nature of construction risk will see changes to standard contracts and negotiation positions. It may also bring more disputes, particularly where those changes lag behind project realities. Fewer than half the businesses we surveyed reported that the in-house legal or contract management team is always consulted at the start of a project to identify areas of risk and to establish appropriate risk management strategies. Most in-house lawyers believe their businesses could improve the way in which risk is managed during projects - often in a number of important ways. Despite the potential benefits, only 17% of the in-house lawyers we surveyed are using AI in disputes or contract management. Some say they will never use it. Most in-house lawyers believe their businesses have a lot of scope to improve the way that project risks are managed. AI has the potential to be a game-changer in this area by optimising processes, planning, scheduling and other elements of case management and by revolutionising the way a business handles its portfolio of contracts. 
15/05/2024
GDPR Enforcement Tracker Report
The CMS Data Protection Group is pleased to launch the 5th edition In the six years since the GDPR came into force, this powerful framework to protect personal data has certainly helped to raise awareness and encourage compliance efforts – just as the European legislator intended. At the same time, the risk of fines of up to EUR 20 million or 4% of a company’s global annual turnover can also lead to fear and reluctance or ignorance about compliance issues. We still believe that facts are better than fear. This is why we continuously update our list of publicly known fines in the GDPR Enforcement Tracker and established the GDPR Enforcement Tracker Report as an annual deep dive approach to provide you with more insights into the world of GDPR fines.
26/04/2024
Making efficiency a reality - a call for more early determination provisions
Hypothesis: Tribunals generally have the power to make early determinations, but are reluctant to do so because of due process paranoia  Recent years have seen many arbitral institutions update their rules to include procedural mechanisms aimed at increasing efficiency in arbitral proceedings. Efficiency is often held out as one of the advantages of arbitration over litigation, both in terms of time and cost, but effective procedural tools are essential to ensuring that arbitration maintains this ‘edge’ over litigation.  One such tool is an 'early determination' pro­ced­ure. Based on our own experience, and in light of the considerable focus in recent years on the issue of ‘due process paranoia’, we hypothesised that tribunals generally have the power to dispose of cases at an early stage, but are reluctant to do so. In order to investigate our hypothesis, we analysed the rules of 29 arbitral institutions from around the world. Our results are below, together with our views on what the results of that analysis mean for arbitration’s promises and aspirations as to efficiency. Results: the rules of the majority of arbitral institutions do not explicitly empower tribunals to make early determinations of an entire claim or defence An ‘early determination’ or ‘early dismissal’ procedure allows a tribunal to reject unmeritorious claims or defences at an early stage of proceedings, avoiding the wasted time and cost of pursuing and defending matters that need never see a final hearing. Given the widespread adoption of summary judgment procedures in court processes, particularly in common law jurisdictions, the inclusion of early determination procedures in arbitral rules is crucial if arbitration is going to go toe-to-toe with litigation in the efficiency stakes. Only 9 of the 29 arbitral institutions we considered have an express early determination provision in their rules allowing for summary disposal of an entire claim or defence.[1] Our analysis shows that the rules of these 29 institutions broadly fall into four categories: 
25/04/2024
Taking Stock 2024
Consumer brands and retailers are moving through a transformative era marked by significant macroeconomic challenges, rapid digital evolution, and an escalating commitment to sustainability. Our an­nu­al Tak­ing...
03/04/2024
Banking Disputes Report 2024
A data-driven review to analyse disputes activity to identify where, and how, banking disputes are being determined in 2024 and what might lie ahead. With over 1,000 new claims, the Banking and Finance sector topped the rankings for the number of High Court claims filed in any sector in 2023.
26/03/2024
Eligibility for transitional arrangements in building control approval...
The Building Safety Regulator (BSR) has recently reminded developers of building work in England, whether involving a higher-risk building (HRB) or not, of the required steps they must take to ensure...
21/03/2024
CMS European M&A Study 2024
The CMS Corporate/M&A Group is pleased to launch the 16th edition of the European M&A Study
20/03/2024
Managing communications on projects: Legal operations and project management...
Managing communications on projects: Legal operations and project management are the keys to success This paper focusses on three of the major communication skill gaps that occur during legal projects and how these can be addressed with the help of a legal operations & project management team (LOPM Team). The proposed solutions cover the implementation of new practices, project processes and improved communication approaches.