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04/10/2022
CMS Ex­pert Guide to em­ploy­ment ter­min­a­tion law and le­gis­la­tion
The CMS Ex­pert Guide to Dis­missals has been cre­ated to as­sist an em­ploy­er in an­ti­cip­at­ing all the pos­sible courses of events when the de­cision has been made to ter­min­ate an em­ploy­ee (i.e. end an em­ploy­ment...
Comparable
29/09/2022
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.
28/09/2022
CMS Green Globe
Stay in­formed about the latest sus­tain­ab­il­ity claims trends and de­vel­op­ments CMS Green Globe is an in­ter­act­ive plat­form that al­lows busi­nesses and cli­ents to stay aware and duly in­formed about all the main rap­idly chan­ging trends and de­vel­op­ments re­lated to sus­tain­ab­il­ity claims across the world.Here you will find in­form­a­tion on reg­u­la­tion and de­vel­op­ments you need to know when ad­vert­ising and mar­ket­ing your busi­ness or product by us­ing sus­tain­ab­il­ity claims as well as our key ex­perts to sup­port you in nav­ig­at­ing the world of such claims.CMS Green Globe helps you to avoid gre­en­wash­ing your con­sumer in your jur­is­dic­tion as well as across the globe. Dis­cov­er CMS Green Globe Best ex­plored on desktop
27/09/2022
CMS Ex­pert Guide on Private Ren­ted Sec­tor leases in CEE
PRS pro­ject le­gis­la­tion gives land­lords the edge Ap­pro­pri­ate and fair reg­u­la­tions re­gard­ing leases and the re­la­tion­ship between the land­lord and ten­ant is ne­ces­sary for the fur­ther de­vel­op­ment of PRS...
Comparable
26/09/2022
Glob­al LSHC For­um 2022 | Press re­lease
Un­cer­tain times, an evolving leg­al frame­work: man­aging risks and en­sur­ing so­cial re­spons­ib­il­ity in the life sci­ences & health­care sec­tor The risks of AI in the fu­ture of life sci­ences will come un­der the mi­cro­scope at a land­mark leg­al for­um this week.Health­care is ra­cing ahead in ad­opt­ing new tech­no­lo­gies across drug dis­cov­ery, de­vel­op­ment, man­u­fac­tur­ing and sup­ply chain but ex­perts pre­dict a tail-whip of dis­putes and con­tract fric­tion.Di­git­al trans­form­a­tion has the po­ten­tial to im­prove every as­pect of health­care and the pharma in­dustry but it also im­pacts data pro­tec­tion, IT se­cur­ity, con­tract design, li­ab­il­ity and reg­u­la­tion.The an­nu­al CMS Glob­al Life Sci­ences and Health­care For­um will bring to­geth­er high-level in­dustry and leg­al ex­perts to dis­cuss sec­tor in­tel­li­gence and best prac­tice as well as is­sues ran­ging from cy­ber breaches and crypto­cur­rency wrangles to fall-outs over trade secrets and in­tel­lec­tu­al prop­erty (IP).“AI of­fers amaz­ing op­por­tun­it­ies to ad­vance life sci­ences and ush­er in trans­form­at­ive medi­cine such as cell and gene ther­apy, im­proved dia­gnostics and ana­lyt­ics but it also comes with con­cerns as leg­al and con­trac­tu­al risks are still be­ing un­der­stood and eval­u­ated,” says Nick Beck­ett, Glob­al Co-Head of CMS Life Sci­ences & Health­care Sec­tor Group“Sci­ence and tech­no­logy are mov­ing for­ward very quickly but we are find­ing that the de­tail and strategy of what to do to mit­ig­ate risks or re­solve them is lag­ging be­hind. These are crit­ic­ally im­port­ant is­sues that com­pan­ies need to ad­dress and the For­um will ex­am­ine the im­plic­a­tions and solu­tions.”AI is boom­ing and a re­cent re­port by ana­lysts  Grand View Re­search fore­cast that the glob­al AI in health­care mar­ket will grow from its cur­rent value of $10.4 bil­lion at a com­pound an­nu­al growth rate (CAGR) of 38.4% from 2022 to 2030. AI is fast be­com­ing a sig­ni­fic­ant ele­ment of every as­pect of health­care and leg­al de­part­ments and busi­ness units are be­ing chal­lenged to re­spond.The For­um, which is be­ing held in Brus­sels and on­line on Thursday, Septem­ber 28, has a packed agenda cov­er­ing tech­no­logy trans­form­a­tion, En­vir­on­ment­al, Sus­tain­ab­il­ity and Gov­ernance, sup­ply chain dis­rup­tion, reg­u­lat­ory frame­works and the chan­ging com­mer­cial land­scape.The scale of chal­lenge was evid­enced in the re­cent CMS Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape re­port which re­vealed that 56% of cor­por­ate coun­sel and risk man­agers ex­pect an in­crease in AI-re­lated dis­putes, while 50% be­lieve that the use of AI tech­no­lo­gies will lead to risks and dis­putes that can­not cur­rently be fore­seen.Dis­putes will be driv­en by is­sues arising from IP and trade secrets, the use of AI, smart con­tracts, crypto­cur­ren­cies and cloud ser­vices, they be­lieve. “Or­gan­isa­tions are likely to see new types of risks and dis­putes emerge from the use of new tech­no­lo­gies such as AI and crypto­cur­ren­cies. Many busi­nesses are play­ing catch-up in un­der­stand­ing the risks as­so­ci­ated with these new tech­no­lo­gies,” says Lee Gluyas, Part­ner, CMS. “Whilst no busi­ness can elim­in­ate risks com­pletely, those that think ahead, plan early and act­ively man­age risk will give them­selves a sub­stan­tial ad­vant­age.” The free to at­tend For­um will fea­ture key­note speak­ers from the United Na­tions Health and De­vel­op­ment Team, gen­er­al coun­sel from lead­ing pharma com­pan­ies, Bo­ston Con­sult­ing Group, fin­an­cial ser­vices mul­tina­tion­al Aon and CMS sec­tor spe­cial­ists.For fur­ther de­tails or to at­tend, re­gister here: ht­tps://cms.law/en/int/events/glob­al-life-sci­ences-health­care-for­um-2022.
09/2022
On your radar | Is­sue 19
Key em­ploy­ment is­sues to be aware of in­ter­na­tion­ally
22/09/2022
Boom and gloom? European M&A Out­look 2023
M&A ex­pect­a­tions run high: Al­most all re­spond­ents (88%) are cur­rently con­sid­er­ing M&A.Un­der­val­ued tar­gets and dis­tressed sales to drive activ­ity: The biggest buy-side driver of M&A is ex­pec­ted to be the...
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.
12/09/2022
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...
2022
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...
08/09/2022
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
08/09/2022
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...