On your radar | Is­sue 19
Key em­ploy­ment is­sues to be aware of in­ter­na­tion­ally
Boom & Gloom? CMS European M&A Out­look 2023
We are pleased to share with you the 2023 edi­tion of the European M&A Out­look pub­lished by CMS in as­so­ci­ation with Mer­ger­mar­ket.
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.
CMS Ex­pert Guide to pub­lic pro­cure­ment reg­u­la­tion
Ju­ly 2021 Pub­lic pro­cure­ment is a power­ful tool for gov­ern­ments try­ing to cre­ate dy­nam­ic, in­nov­at­ive and sus­tain­able mar­kets, eco­nom­ies and so­ci­et­ies. Ac­cord­ing to the European Com­mis­sion, “every year...
CMS Pub­lic Pro­cure­ment Con­tact Card
World-class pub­lic pro­cure­ment spe­cial­ists The qual­ity of pub­lic ser­vices is in­creas­ingly de­term­ined by world-class skills in pub­lic pro­cure­ment. The pro­cure­ment re­gime ap­plies not only to the pub­lic...
CMS State Aid Group
CMS has a ded­ic­ated team of leg­al spe­cial­ists to ad­vise on State aid-re­lated mat­ters. Our State aid spe­cial­ist law­yers take a thor­ough ap­proach to leg­al de­tail and can also stand back and take a wider...
Tech­no­logy Trans­form­a­tion - Con­sumer Products & Re­tail
Di­git­al­isa­tion has trans­formed how con­sumer products are man­u­fac­tured, dis­trib­uted and sold.The push to main­tain a com­pet­it­ive ad­vant­age, drives in­creased in­vest­ment in new tech­no­lo­gies. This in­vest­ment may re­duce op­er­a­tion­al cost and ease the re­ten­tion of leg­acy sys­tems, but what chal­lenges arise and how do busi­nesses ap­proach the chan­ging risk pro­file?This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. In the ori­gin­al re­port we sur­veyed over 500 cor­por­ate coun­sel and risk man­agers from mul­tiple in­dus­tries across the world.Here, we look in de­tail at the 75 re­spond­ents sur­veyed in the con­sumer and re­tail sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. Our sur­vey shows that busi­nesses across the sec­tor, wheth­er re­tail­ers or man­u­fac­tur­ers, have the same con­cerns but the in­flu­ences on the ad­op­tion of tech­no­logy, the res­ult­ing risks, and the ap­proaches taken to mit­ig­ate or re­solve those risks vary de­pend­ing on wheth­er or not the busi­ness in­volves a dir­ect sales re­la­tion­ship with the con­sumer.Down­load the con­sumer and re­tail sec­tor re­port now to read about: Drivers of tech­no­logy ad­op­tion in the con­sumer and re­tail sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the con­sumer and re­tail sec­tor­Fu­ture risks and meas­ures to deal with themPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the con­sumer and re­tail sec­tor
VPN and copy­right?
1. What is a VPN? A VPN (Vir­tu­al Private Net­work) is a ser­vice that provides in­ter­net users with both an­onym­ity and pri­vacy while brows­ing the web. It does this by hid­ing users’ IP ad­dress, which iden­ti­fies...
Sus­tain­ab­il­ity Claims and Gre­en­wash­ing
We cor­di­ally in­vite you to join our next we­bin­ar on Sus­tain­ab­il­ity Claims and Gre­en­wash­ing, which will be presen­ted by the CMS Con­sumer Products Sec­tor Group mem­bers Nikolas Gregor and Phil­ine-Lu­ise Pulst from our Ger­man prac­tice, Stu­art Helmer from our UK prac­tice and Agathe Le Quel­lec from our French prac­tice. This is a fol­low-up we­bin­ar to the ses­sion we held last year to dis­cuss the new­est de­vel­op­ments in this rap­idly chan­ging area of law, such as new jur­is­pru­dence and the re­cent EU pro­pos­al for a Dir­ect­ive with rules on en­vir­on­ment­al claims and sus­tain­ab­il­ity la­bels.You can sign up for the we­bin­ar now by click­ing on the Re­gister but­ton be­low. We look for­ward to wel­com­ing you to our we­bin­ar.CMS
Avoid an ad­vert­ising red card
As the 2022 Foot­ball World Cup (Qatar World Cup) draws near­er, all eyes are on the Middle East with this be­ing the first time that the tour­na­ment has been hos­ted in the re­gion. Brands around the world will un­doubtedly be gear­ing up to get in­to the foot­ball spir­it and roll out foot­ball-themed cam­paigns, pro­mo­tions and oth­er ac­tiv­a­tions. However, brands will need to take care to en­sure that their forth­com­ing cam­paigns do not fall foul of loc­al Qatari laws, in­clud­ing Law No. 10 of 2021 (World Cup Law), FIFA rules and guidelines (in­clud­ing the FIFA In­tel­lec­tu­al Prop­erty Guidelines (IP Guidelines) and the FIFA Me­dia and the Mar­ket­ing Reg­u­la­tions (MM­Rs) as well as oth­er re­gion­al laws and reg­u­la­tions in the Middle East.
Man­aging Sup­ply Chain Risk
In June 2021, BCG and CMS pub­lished a White Pa­per en­titled “Man­aging Sup­ply Chain Risk – A leg­al and stra­tegic per­spect­ive”. In view of the rising num­ber of laws ob­lig­at­ing com­pan­ies to pre­vent and mit­ig­ate risks re­lat­ing to hu­man rights and the en­vir­on­ment in their sup­ply chains, the White Pa­per provided an over­view of se­lec­ted laws, and offered prac­tic­al guid­ance on how to man­age such risks. One not­able ex­ample of na­tion­al sup­ply chain reg­u­la­tion is the Ger­man Sup­ply Chain Due Di­li­gence Act (“Ger­man Sup­ply Chain Act”), which was ad­op­ted in June 2021 and will come in­to force on 1 Janu­ary 2023.The be­low pa­per, pub­lished in Septem­ber 2022, is the fol­low up pa­per on this top­ic – we are shar­ing our prac­tic­al ex­per­i­ence from work­ing with mul­tiple cli­ents across dif­fer­ent in­dus­tries and ad­dress what leg­al and stra­tegic chal­lenges the cli­ents face when man­aging sup­ply chain com­pli­ance. The prin­cip­al chal­lenges are de­tailed in the pa­per, to­geth­er with the les­sons on best prac­tice that we have picked up along the way.
CMS Ex­pert Guide to can­nabis law and le­gis­la­tion
Why this guide? In re­cent years can­nabis trade and re­lated activ­ity has de­veloped in­to a growth busi­ness area. In the life sci­ences and health­care fields, there have been in­creases in the num­bers of...