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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
21/09/2022
CMS Pen­sions Brief­ing: In­vest­ment and Risk
Wel­come to our latest brief­ing on top­ic­al is­sues fa­cing oc­cu­pa­tion­al pen­sion schemes in the risk and in­vest­ment spheres.Since our last edi­tion, risk and in­vest­ment is­sues con­tin­ue to dom­in­ate the agen­das...
14/09/2022
An­nu­al Re­view of Eng­lish Con­struc­tion Law De­vel­op­ments: An In­ter­na­tion­al...
We are pleased to an­nounce the pub­lic­a­tion of the 2022 edi­tion of our in­ter­na­tion­ally fo­cused An­nu­al Re­view of Eng­lish Con­struc­tion Law De­vel­op­ments. Now in its twelfth year, the An­nu­al Re­view sum­mar­ises key de­vel­op­ments in Eng­lish con­struc­tion law over the pre­vi­ous cal­en­dar year in­clud­ing de­vel­op­ments in re­lated com­mon law jur­is­dic­tions. The pub­lic­a­tion has been pre­pared with our in­ter­na­tion­al cli­ents in mind and aims to provide a great­er de­gree of back­ground and ana­lys­is than our reg­u­lar Law-Now alert ser­vice. This year’s edi­tion con­tin­ues to be in­flu­enced by the Cov­id-19 pan­dem­ic and in­cludes art­icles on frus­tra­tion and force ma­jeure claims, on-de­mand bonds and in­ten­tion­al breaches of con­tract. We also re­port on de­vel­op­ments in re­la­tion to the law on li­quid­ated dam­ages, an­oth­er top­ic of spe­cial in­terest in light of the delays to many pro­jects oc­ca­sioned by the pan­dem­ic.You can down­load a PDF ver­sion of the 2022 an­nu­al re­view be­low at the bot­tom of the page.Some of the pre­vi­ous an­nu­al re­views are in­cluded be­low­An­nu­al Re­view of Eng­lish Con­struc­tion Law De­vel­op­ments 2021An­nu­al Re­view of Eng­lish Con­struc­tion Law De­vel­op­ments 2020An­nu­al Re­view of Eng­lish Con­struc­tion Law De­vel­op­ments 2019An­nu­al Re­view of Eng­lish Con­struc­tion Law De­vel­op­ments 2018Oth­er Law Now con­struc­tion con­tent can be ac­cessed on the Con­struc­tion portal of our Law-Now web­site found here. You can also find out more about CM­S' ex­pert­ise in con­struc­tion and en­gin­eer­ing and in­fra­struc­ture.
13/09/2022
Oil and Gas Dis­putes Sur­vey: 2021-22
We are de­lighted to present this year’s CMS Oil and Gas Dis­putes Sur­vey. Once again, we have reached out to a wide cross sec­tion of seni­or leg­al man­agers and seni­or in-house coun­sel rep­res­ent­ing key play­ers to get their views on the main drivers of dis­putes and dis­pute man­age­ment with­in the glob­al oil and gas in­dustry. As part of our in-depth sur­vey, we have also fo­cused on what leg­al ex­perts are do­ing to man­age the risk of con­flicts arising with­in their op­er­a­tions and to mit­ig­ate the pro­spect of dis­putes. The sur­vey rep­res­ents the views of over 50 in­dustry pro­fes­sion­als cov­er­ing all corners of the globe: Europe, the Middle East, Asia-Pa­cific, Africa, Lat­in Amer­ica, and North Amer­ica. We are grate­ful for their valu­able in­sights in­to how and where dis­putes arise and how they are man­aged in dif­fer­ent mar­kets across the in­dustry. Giv­en the mul­tiple in­ter­na­tion­al re­gions covered by our re­port, with their dif­fer­ent re­gimes and dif­fer­ing pri­or­it­ies and is­sues, it’s not sur­pris­ing to see a broad range of views be­ing con­veyed by the sur­vey par­ti­cipants. There are how­ever some com­mon areas of con­cern that re­spond­ents in all re­gions have high­lighted in terms of the im­pact they have on trig­ger­ing in­dustry dis­putes. These in­clude the po­ten­tial for sup­ply chain is­sues to lead to a dis­pute, a con­cern which will only have been heightened by Rus­sia’s in­va­sion of Ukraine.
13/09/2022
A Look at the En­gine for ESG: Fin­ance
Between sus­tain­ab­il­ity-linked loans and, more re­cently, green bonds, the fin­ance world has been one of the early ad­op­ters and pro­moters of the ESG move­ment. We spoke with CMS Part­ners Ana Rad­nev, Cristina...
13/09/2022
Open secrets? Guard­ing value in the in­tan­gible eco­nomy
Some leaks can’t be fixed “Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This, from the so-called Spycatch­er case (1987), ap­plies well to cor­por­ate as­sets: fail to store them cor­rectly and all you might have left is an ex­pens­ive mess.The con­sequences of even a minor ex­pos­ure of a trade secret can be huge. As this re­port re­veals, the pro­tec­tion of trade secrets is rightly re­cog­nised by most seni­or ex­ec­ut­ives as a pri­or­ity is­sue. But the re­search also re­veals gaps that leave com­pan­ies un­ne­ces­sar­ily ex­posed to risks. The top named threats – cy­ber­se­cur­ity at­tacks and em­ploy­ee leaks – res­on­ate with what we see im­pact­ing our cli­ents. In­creased home and re­mote work­ing is strain­ing se­cur­ity meas­ures and em­ploy­ee loy­alty. Ad­ded to this, an ‘in­nov­ate or die’ at­ti­tude in highly-com­pet­it­ive sec­tors can mo­tiv­ate new join­ers to ar­rive with ques­tion­able ma­ter­i­al from their pre­vi­ous em­ploy­er, or worse: out­right theft between com­pet­it­ors. But while it is easy to fo­cus on the lurk­ing threats from weakened cy­ber se­cur­ity and dis­gruntled em­ploy­ees – and they are im­port­ant – there are more routine ac­tions a com­pany can take to safe­guard its secrets than just up­dat­ing its IT sys­tems or the em­ploy­ee hand­book. Com­monly, those who most need our help already have a trade secrets policy but have not prop­erly im­ple­men­ted it in re­la­tion to the secret in ques­tion. Or the policy has not been up­dated to re­flect the in­tan­gible as­sets the busi­ness now owns. Or pro­tec­tion was taken for gran­ted.With trade secrets – which for many busi­nesses are stra­tegic­ally more im­port­ant than a pub­lic pat­ent port­fo­lio – it is al­ways cost­li­er and messi­er to find solu­tions after a theft or a leak. Identi­fy­ing the trade secrets and the threats posed to them, com­bined with rig­or­ous in­tern­al pro­cesses and well-draf­ted con­tracts, can help pre­vent such prob­lems from hap­pen­ing. Harder, but just as ne­ces­sary, is en­ga­ging hearts and minds in cor­por­ate cul­ture, to know why trade secrets are im­port­ant, why we are all are re­spons­ible for pro­tect­ing them, and what may hap­pen if we do not (to both the com­pany and the in­di­vidu­al). In our ex­per­i­ence, the busi­nesses with the strongest de­fences have not only thought stra­tegic­ally about their in­tan­gible as­sets and how best to pro­tect them but are also pre­pared for the worst. The trick to avoid­ing an as­set be­com­ing a crisis is to be wise be­fore the event.
06/09/2022
Band­width: En­abling change
22/08/2022
UK Tax Dis­putes Di­gest
Wel­come to the sum­mer (and very first) edi­tion of our UK Tax Dis­putes Di­gest: a high-level sum­mary for gen­er­al coun­sel, heads of tax and oth­er in-house pro­fes­sion­als of some of the key tax cases over...
22/08/2022
ICCA 2022
The ICCA 2022 Con­gress, the largest ar­bit­ra­tion con­fer­ence in the world will take place in Ed­in­burgh on 18-21 Septem­ber 2022. CMS Scot­land is de­lighted to sup­port the con­fer­ence as plat­in­um spon­sors. 
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...
08/08/2022
CMS Me­dia Up­date Morn­ing 2022
In April this year, the long awaited me­dia white pa­per was fi­nally pub­lished. While changes in Gov­ern­ment may have delayed pub­lic­a­tion of the draft me­dia bill un­til after the sum­mer re­cess, me­dia part­ner Vic­tor­ia Gaskell is here, along­side Seni­or As­so­ci­ates Sam Oustayi­an­nis and Re­becca Platt, to give us a com­pre­hens­ive in­tro­duc­tion to the white pa­per and over­view of what ex­actly it cov­ers. They then drill down on three par­tic­u­lar areas of re­form that are fo­cused on in the white pa­per, be­ing: en­hanced VOD reg­u­la­tion; the re­vised prom­in­ence re­gime and po­ten­tial changes to the lis­ted events re­gime.With the con­tin­ued polit­ic­al un­cer­tainty it re­mains to be seen when ex­actly the draft me­dia bill will be pub­lished, how­ever, we’ll be sure to up­date you as soon as we know more.
08/08/2022
ESG themes in Real Es­tate Fin­ance
Re­flect­ing on the last roundtable in Ju­ly 2020 (note pro­duced from that meet­ing avail­able here)  the fol­low­ing de­vel­op­ments and themes were re­cently dis­cussed by at­tendees from the in­dustry body, Com­mer­cial...
05/08/2022
CMS ad­vises con­sor­ti­um on ac­quis­i­tion of in­terest in world’s largest off­shore...
In­ter­na­tion­al law firm CMS has ad­vised a con­sor­ti­um com­prised of GLIL In­fra­struc­ture and Oc­topus En­ergy Group on its agree­ment to ac­quire a 12.5% in­terest in the Hornsea One Off­shore Wind Farm from Glob­al...