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28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
AI is a key area of growth for cor­por­ates but will bring an in­creased risk of dis­putes The types of dis­putes ex­pec­ted over the next three years are dif­fer­ent to the past three and re­flect de­vel­op­ments...
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
22/09/2022
8th CMS Pub­lic Pro­cure­ment For­um
We are de­lighted to an­nounce that the 8th CMS Pub­lic Pro­cure­ment For­um will take place in Oslo on Thursday, 22 Septem­ber 2022 from 12:45 - 17:30 p.m. CET provid­ing an up­date on European pub­lic pro­cure­ment law.The pro­gramme will cov­er policy de­vel­op­ments in the EU and re­cent and im­port­ant de­cisions from the ECJ with high rel­ev­ance in prac­tice. In the second part of the event, we in­vite you to a com­par­at­ive view shar­ing ex­per­i­ences from sev­er­al jur­is­dic­tions on two top­ics with prac­tic­al rel­ev­ance:decim­al­possible dam­ages claims an­dtime lim­its and cut off for claims.The con­fer­ence will be held in Eng­lish and free of charge.There will be the pos­sib­il­ity to par­ti­cip­ate re­motely for any­one in­ter­ested in these top­ics, but un­able to at­tend in per­son. 
22/06/2022
CMS Ex­pert Guide to refugee im­mig­ra­tion and travel re­quire­ments
Eng­lish (дивиться текст українською нижче)With the aim of provid­ing a single source of in­form­a­tion for Ukrain­i­an refugees con­sid­er­ing where they now go, the CMS em­ploy­ment...
Comparable
21/06/2022
CMS ap­points six new prac­tice and sec­tor group heads
CMS is pleased to an­nounce new heads for four of its in­ter­na­tion­al ex­pert­ise groups.All CMS law­yers work in cross-bor­der groups across more than 40 coun­tries world­wide that are struc­tured ac­cord­ing to...
14/06/2022
CMS European Real Es­tate Deal Point Study 2022
Real es­tate in­vest­ment mar­kets re­main stable whilst buy­ers con­tin­ue to catch up in con­trac­tu­al risk al­loc­a­tion Lo­gist­ics as­sets more pop­u­lar than ever­De­mand from in­ter­na­tion­al in­vestors reaches re­cord high ac­count­ing for 55% of deals, with most in­ter­na­tion­al in­vestors still be­ing from with­in Europe­In­creased de­sire for se­cur­ity on the part of sellers con­tin­ued to be a fea­ture in 2021: share of trans­ac­tions in which the buy­er­'s pay­ment ob­lig­a­tions are se­cured reaches an­oth­er re­cord high­Buy­er-friendly trend in con­trac­tu­al risk al­loc­a­tion con­tin­ues as seller-friendly pro­vi­sions on lim­it­a­tion of li­ab­il­ity con­tin­ue to de­clineThe European real es­tate in­vest­ment mar­ket ap­pears to have largely re­covered from the con­sequences of the COV­ID-19 pan­dem­ic in 2021. Com­pared to the pan­dem­ic-stricken pre­vi­ous year, total in­vest­ment in­creased by around 15% to ap­prox­im­ately EUR 270 bil­lion, mark­ing a re­turn to the pre-crisis level.Lo­gist­ics as­sets per­formed par­tic­u­larly well last year, hav­ing be­come the fo­cus of in­vestors’ at­ten­tion due to their stable in­come flows and the on­go­ing growth of on­line shop­ping. De­mand from in­ter­na­tion­al in­vestors was also up again in 2021, with in­tra-European trans­ac­tions be­ing the rule. 2021 also brought a new re­cord high in the num­ber of trans­ac­tions in which the buy­er­'s pay­ment ob­lig­a­tions were se­cured. With re­gard to con­tract design, the buy­er-friendly trend con­tin­ued, as re­flec­ted es­pe­cially by a de­crease in de min­imis and bas­ket clauses as well as caps. Lo­gist­ics as­sets more pop­u­lar than ever Of­fice prop­er­ties were a pop­u­lar as­set class in 2021 des­pite all the un­cer­tainty sur­round­ing the COV­ID-19 pan­dem­ic, al­though some mar­ket share was lost to lo­gist­ics and res­id­en­tial. The slight down­ward trend in of­fice trans­ac­tions handled by CMS seen in pre­vi­ous years non­ethe­less con­tin­ued, with their share de­clin­ing from 30% in 2020 to 19%. The reas­on for the de­clin­ing pro­por­tion of trans­ac­tions in the of­fice seg­ment is likely to be two-fold, com­bin­ing the lack of avail­able core prop­er­ties and the cur­rent un­cer­tainty around the im­pact of hy­brid ways of work­ing on de­mand for of­fice space.The res­id­en­tial and lo­gist­ics as­set classes on the oth­er hand were es­pe­cially pop­u­lar in 2021, each with a mar­ket share of 23%, com­pared to 22% and 19% re­spect­ively in 2020. One of the key factors for this trend was the stable in­come gen­er­ated by res­id­en­tial and lo­gist­ics prop­er­ties, which is par­tic­u­larly at­tract­ive to in­vestors. Lo­gist­ics as­sets ad­di­tion­ally be­nefited from the on­go­ing growth of on­line shop­ping, which was boos­ted re­cently by the COV­ID-19 pan­dem­ic and the re­lated clos­ure of re­tail shops, lead­ing to an in­creased need for de­liv­ery and dis­tri­bu­tion centres. High de­mand from in­ter­na­tion­al, mostly in­tra-European, in­vestors In­ter­na­tion­al in­vestors were more act­ive again last year: they ac­coun­ted for 55% of deals in 2021, com­pared to 43% in 2020. In 2020, in­ter­na­tion­al in­vestors had a dif­fi­cult time, not least due to the im­pact of the COV­ID-19 pan­dem­ic. The as­so­ci­ated travel re­stric­tions meant that many in­ter­na­tion­al in­vestors from oth­er con­tin­ents were forced to post­pone their planned trans­ac­tions. The prop­erty mar­ket seems to have re­covered from these ef­fects last year, with a new re­cord 55% of trans­ac­tions in­volving for­eign in­vestors. However, these for­eign in­vestors were mostly from with­in Europe; the num­ber of in­ter­con­tin­ent­al trans­ac­tions re­mained be­low pre-pan­dem­ic levels in 2021. Sellers seek se­cur­ity An in­creased de­sire for se­cur­ity on the part of sellers con­tin­ued to be a fea­ture in 2021. The share of trans­ac­tions in which steps were taken to en­sure that the buy­er met its fin­an­cial ob­lig­a­tions rose fur­ther in 2021. Sellers were gran­ted se­cur­ity in more than two thirds of cases (70%). This trend is con­sist­ent with 2020, when an in­creased de­sire for se­cur­ity on the part of sellers was already ap­par­ent. In con­trast, se­cur­ity was agreed in less than 50% of all trans­ac­tions in the peri­od from 2015 to 2018. The cur­rent high level is due in part to an in­creased de­sire for se­cur­ity on the part of sellers as a res­ult of the COV­ID-19 pan­dem­ic; they were of­ten un­cer­tain about the buy­er’s solvency go­ing for­ward. Buy­ers con­tin­ue to catch up in con­trac­tu­al risk al­loc­a­tion Buy­ers were able to catch up fur­ther in terms of con­trac­tu­al risk al­loc­a­tion. The pro­por­tion of trans­ac­tions with seller-friendly de min­imis clauses and bas­ket clauses (i.e. clauses that provide for a threshold or min­im­um lim­it for guar­an­tee claims by the buy­er) stag­nated or de­clined some­what com­pared with the pre­ced­ing years. In the pre­vi­ous year, after a no­tice­able de­cline, agree­ments aimed at lim­it­ing li­ab­il­ity were made in 44% (de min­imis clauses) and 41% (bas­ket clauses) of cases. The share of deals with a bas­ket clause fell fur­ther to 32% in 2021. As in 2020, a de min­imis clause was in­cluded in 44% of the trans­ac­tions ana­lysed. A sim­il­ar trend was seen in con­trac­tu­ally-agreed li­ab­il­ity caps. Whilst the pro­por­tion of trans­ac­tions with a cap was well over 60% in some cases in the years up to 2018, the per­cent­age of agree­ments with a con­trac­tu­ally-agreed max­im­um li­ab­il­ity fell slightly from 56% in 2020 to 50%.
13/06/2022
CMS Dis­putes Talk: Africa
In­ter­ested in the latest trends and rel­ev­ant is­sues on dis­pute res­ol­u­tion and ar­bit­ra­tion in Africa?CMS ex­perts will dis­cuss the latest trends in dis­pute res­ol­u­tion and ar­bit­ra­tion in the re­gion, es­pe­cially...
13/06/2022
CMS European Real Es­tate Deal Point Study 2022
Real es­tate in­vest­ment mar­kets re­main stable whilst buy­ers con­tin­ue to catch up in con­trac­tu­al risk al­loc­a­tion Lo­gist­ics as­sets more pop­u­lar than ever De­mand from in­ter­na­tion­al in­vestors reaches re­cord...
10/06/2022
CMS Ex­pert Guide on rising raw ma­ter­i­al prices
Com­pan­ies in sev­er­al sec­tors are cur­rently faced with sig­ni­fic­ant in­creases in the price of raw ma­ter­i­als (in­clud­ing gas and pet­rol), or even short­ages in or tem­por­ary in­ter­rup­tions to sup­plies. These...
Comparable
07/06/2022
CMS Ex­pert Guide to trade secrets
As a busi­ness, your most val­ued as­sets can be the things you can’t touch or see. In­tan­gible as­sets such as pat­ents, for­mu­las, soft­ware, designs and data are now driv­ing cor­por­ate per­form­ance. And in...
Comparable
07/06/2022
CMS Ex­pert Guide to ad­verse ef­fects of drugs and vac­cines
The glob­al pan­dem­ic has ris­en a grow­ing aware­ness of the risks of ad­verse ef­fects of drugs and vac­cines. This un­ex­pec­ted event has put health­care pro­fes­sion­als in a situ­ation whereby the stand­ard pro­to­cols...
Comparable
06/06/2022
Ukraine Ex­pands Sanc­tions against Rus­sia and its Sup­port­ers
On 20 May 2022, the Pres­id­ent of Ukraine signed the Law of Ukraine “On Amend­ments to Cer­tain Le­gis­lat­ive Acts of Ukraine to In­crease the Ef­fect­ive­ness of Sanc­tions Re­lated to Per­sons’ As­sets” (the...