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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.



Expertise
11/01/2024
CMS Corporate / M&A Global Brochure
Navigating for success | Your business is our business Our premier practices in Europe’s powerhouse jurisdictions consistently handle the largest volume of M&A deals, engaging highly qualified teams across geographies in a seamless collaboration saving our clients time and money. This is why we do more deals in Europe than any other firm. Our unique combination of deep local expertise and unparalleled global perspective empowers us to put together highly experienced, agile, cross-de­part­ment­al teams to handle the largest mul­tijur­is­dic­tion­al M&A transactions for the benefit of our market-leading clients. This is why our clients love us. CMS has engaged in building strong sector focuses for many years, before most of our competitors realised the importance of doing so. We are now a global leader in corporate work in many key economic sectors such as Energy and Climate Change, Hospitality & Leisure, Private Equity, TMC, Insurance, Consumer and Retail, Infrastructure and Projects, Life Sciences and Healthcare, where we act for many of the world’s leading public and private companies, financial institutions and funds. This is why clients from all business sectors keep coming back to us. Changing the face of law with our unusually strong focus on innovation and creativity, we believe in an open, next-gen mind-set, skill in listening and bold commitment to new and innovative ways of working for the benefit of our clients and of our people. This is why we are future-facing. Download our report below & learn more about our deals!
03/01/2024
CMS Life Sciences & Healthcare Global Brochure
With big deals fuelling record levels of M&A activity, a steady stream of innovative and disruptive technologies, new and increasingly complex regulatory challenges and a thriving start-up community...
21/11/2023
CMS Commercial Global Brochure
Commercial law reaches into all sectors. It is at the core of every business. With over 400 Commercial lawyers across 45 countries globally, we can help you across a range of Commercial issues in all...
20/09/2023
CMS Hotels & Leisure Global Brochure
At CMS, we understand the Hotel & Leisure business environment. Our experience covers all aspects of the industry – we are there to guide you and help you grow and stay competitive in crowded markets...
04/09/2023
Global CMS Infrastructure Brochure 2023
Creating our connected future Infrastructure is creating our connected future. It is the key to global economic recovery, advancing nations and leading the fight against climate change. In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential. Climate change and sustainability are set to be defining issues of our time and a huge amount of infrastructure will need to be built, rebuilt, refurbished or retrofitted to deliver on the promises and ambitions of governments around the world. Infrastructure has always played an important role in ESG, and these considerations are now the rule, not the exception. Net Zero plays a big part in government policy and so the infrastructure sector is giving ESG criteria serious consideration when planning new developments. But there are a number of difficulties in this area, including a lack of agreed standards and reporting requirements. Regulators globally are working to create new ESG requirements, but these will differ across countries and present challenges to those companies operating internationally. Incorporating technology into infrastructure projects will also require a significant step change in policy focus, new financing solutions at both the consumer and portfolio levels, and more research and development to push faster technological innovation. In many regions, there continue to be huge infrastructure gaps. The scale and investment required to plug these infrastructure gaps present a formidable challenge and one in which our clients will play an important part. CMS is here to support you through the legal opportunities and challenges. Having advised many of the biggest players globally across the transport, health, education, waste, energy, defence, I.T./telecoms, leisure, custodial and justice, airports and shipping, rail, roads and water sub-sectors, CMS has the breadth and depth of sector expertise to enable your organisation to thrive.
30/08/2023
CMS Public Procurement Group
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 sector but also to certain utilities. Such bodies’ day to day business as well as any real estate developments, joint ventures, restructuring, reorganisation or sale programme cannot function without a proper understanding of how procurement regulates their plans. Contractors bidding for work with these bodies also need to be able to navigate this increasingly complex set of rules. CMS can help you through these processes. Our specialist procurement lawyers take a thorough approach to legal detail and can also stand back and see the bigger, commercial picture, to deliver the best results. CMS Public Procurement Group The CMS Public Procurement Practice Group comprises over 175 public procurement law specialists practicing public procurement law in 38 jurisdictions being located in 53 cities in Europe, Africa, Asia and Latin America – committed to assist you. Familiar with both sides of tender procedures CMS lawyers represent both contracting authorities and private companies participating as bidders in tender procedures. This long-lasting experience enables us to cover every aspect in complex tender procedures. Clients on the awarding side benefit from having the tender procedure structured in a legally secure way, while bidders have a better chance of winning the contract. Broad Sector Experience CMS public procurement specialists have particular expertise in following industry sec­tors:In­fra­struc­ture & Pro­jectsCon­struc­tion in­dustry­Health­care and Life SciencesEnergy & Climate ChangeFinancial Ser­vices­Trans­port­Waste disposalIT and tele­com­mu­nic­a­tions Our services for contracting authorities Pre-procurement market engagementChoice of procedure and strategic procurement planningProject man­age­ment­Draft­ing of tender notices and tender doc­u­ment­s­Respond­ing to bidders’ questions and any complaintsTender eval­u­ation­Pre­par­ing and conducting bidder discussions and ne­go­ti­ationsDe­brief­ing unsuccessful biddersContract award Our services for bidders Engaging public sector bodiesDeveloping bidding strategies for contract op­por­tun­it­ies­Form­ing bidding con­sor­tiaAd­dress­ing incumbent contractor advantages and ensuring a level playing fieldDealing with unfavourable contract spe­cific­a­tionsSup­port in complex procurement procedures (e.g. PPP, IT)Drafting and optimising submission documentsSupport for notification duties, as well as content and timing of procedural com­plaint­sEn­sur­ing proper debrief information is received if unsuccessful Procurement Litigation Another key area is advice on procurement review cases and appeals (procurement litigation). We regularly represent both awarding bodies and bidders in procurement challenges before the tribunals and courts in all the countries in which we operate, as well as in front of the European Commission and the European Court of Justice. If you want to know whether a specific decision in a tender procedure under a national procurement act can be challenged and how many days are available for remedies, make use of our CMS Public Procurement Remedies Toolbox. This online tool guides you through the national procurement acts and calculates the time period available for remedies. Leading individuals CMS lawyers in many countries have shaped the public procurement legal development through numerous publications, lectures and representations as well as involvement in law-making activities. This in-depth know-how and experience is accessible in all CMS jurisdictions because the CMS team is used to interacting seamlessly across all the countries in which we operate. Construction and service concessions, public-private partnerships The high complexity of the procurement of concessions and PPP projects requires extensive planning as well as project teams made up of specialists from different areas of expertise (procurement, construction, contract law, public commercial law, corporate law, project finance and tax law) working together in the same project. Close cooperation with partners from various CMS offices ensures that our lawyers can always draw on international experience and develop tailor-made solutions, also for local projects. Compliance Compliance is of special importance in public tender procedures. CMS helpsto establish efficient compliance management systems and to assist, if necessary, in investigations and sanctioning procedures in order to mitigate negative consequences such as procurement bans by International Financial Institutions. Interface with State Aid and Privatisations CMS supports its clients also in transactions in which procurement law implications are easily overlooked. Real estate transactions or privatisations may not only contain pitfalls made of state aid law but it may also be necessary to consider complex procurement law aspects. ESG Public tenders not only enable transparent procurement competition to ensure best value for money, but also allow public purchasers to use public funds to achieve environmental and social goals, which often become industry standards that are then applied to contracts between private parties.
13/07/2023
CMS State Aid Group
World-class State aid specialists State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules is therefore an issue in any public intervention that involves State resources. State aid can indeed occur whenever a public authority or undertaking grants a selective advantage to undertakings to the detriment of others. It can distort competition and affect trade between Member States, which is harmful to consumers and undertakings in the EU. State aid issues are usually quite complex, requiring a high level of expertise, in-depth knowledge and pragmatism. 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 view to deliver the best results. Our experience covers all aspects of State aid: fiscal incentives, rescue and restructuring aid, aid for infrastructures, services of general economic interest, regional aid, RDI aid, aid for environmental, aid for energy, etc. CMS State Aid Group The CMS State Aid Practice Area Group comprises 45 State aid law specialists practicing State aid law in 20 jurisdictions being located in 23 cities in Europe and beyond – all committed to assist you. Broad Sector Experience CMS State aid specialists have particular expertise in following industry sectors:Air, maritime and rail transport sec­torsEn­ergy­Fin­an­cial ServicesPostal sec­tor­Tele­coms­Mul­ti­func­tion­al and sport in­fra­struc­ture­Man­u­fac­tur­ing Our services in State aid matters CMS lawyers represent both public authorities and private companies on all aspects of the State aid rules. This includes:Legal assessment of the existence of an aid and its compatibilitySet up of aid schemesAs­sist­ance to public authorities in the notification of State aidAssistance to public authorities or beneficiaries in State aid investigations by the European Com­mis­sion­Draft­ing and lodging complaints before the European Com­mis­sion­Lit­ig­a­tion before national and EU Courts Leading individuals CMS lawyers in many countries have shaped the State aid legal development through numerous publications, lectures and representations as well as involvement in studies on State aid for the European Commission. This in-depth know-how and experience is accessible in all CMS jurisdictions because the CMS team is used to interacting seamlessly across all the countries in which we operate.
01/06/2023
Experts in Gambling Law
The gambling industry is constantly in a state of change. While regulatory liberalisation is creating new opportunities in some jurisdictions, tightening legislation is closing down avenues in others...
23/05/2023
CMS Hospitality Matters May 2023
Spring/Summer 2023
28/10/2022
CMS Real Estate Global Brochure
Globalisation, political turbulence, changes in urban living patterns, increased digitisation, shifting consumer behaviour and flexible working are just some of the issues that are transforming the demands...
10/10/2022
CMS Banking & Finance Global Brochure
Financial and banking legislation does not stand still. So neither do we. At CMS we employ over 500 banking & finance lawyers to anticipate, interpret and advise on the local, cross-border and international...
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...