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Publications

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
17/05/2024
CMS International Construction Study 2024
In recent years, construction and engineering businesses have faced a whole storm of headwinds. CMS, in partnership with YouGov, asked in-house lawyers about the biggest challenges of managing disputes in this environment - and how those challenges can be met.   Sixty-second summaryThe evolving nature of construction risk will see changes to standard contracts and negotiation positions. It may also bring more disputes, particularly where those changes lag behind project realities. Fewer than half the businesses we surveyed reported that the in-house legal or contract management team is always consulted at the start of a project to identify areas of risk and to establish appropriate risk management strategies. Most in-house lawyers believe their businesses could improve the way in which risk is managed during projects - often in a number of important ways. Despite the potential benefits, only 17% of the in-house lawyers we surveyed are using AI in disputes or contract management. Some say they will never use it. Most in-house lawyers believe their businesses have a lot of scope to improve the way that project risks are managed. AI has the potential to be a game-changer in this area by optimising processes, planning, scheduling and other elements of case management and by revolutionising the way a business handles its portfolio of contracts. 
21/03/2024
CMS European M&A Study 2024
The CMS Corporate/M&A Group is pleased to launch the 16th edition of the European M&A Study
22/01/2024
Whistleblowing
This course has been prepared to help employees understand what whistleblowing is and how whistleblowers are protected.
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...
28/11/2023
International Digital Regulation Hub
Following the EU Commission plan “A Europe fit for the digital age”, we have witnessed a lot of digital regulations in the EU including DMA and DSA, AI Act, Data Act and there is still more to come. Whilst presenting companies with a tumultuous landscape to navigate, the legal obligations imposed also present opportunities to develop their business in a new digital framework safeguarding responsible business practices, fair competition and personal data. The CMS Digital Regulation Hub is home to our Digital Regulation Tracker Tool, providing an overview of the key regulatory instruments for area of law, sectors and business activities which are critical for decision makers as they adapt to the increasingly digital landscape. In addition to this unique tool, we explore the impact this tsunami of regulation is having for businesses across a variety of industries and how GCs can ride the waves to stay ahead of the curve. Our latest re­port il­lus­trates the key findings across Platforms, Content providers, Life Sciences & Healthcare, Energy & Infrastructure, Banking & Finance and Automotive industries. To discuss how to cope with the challenges of Digital Regulations and to explore the opportunities for your business, please contact one of our International experts.
26/10/2023
Global Life Sciences & Healthcare Forum 2023 – recordings & presentations
We were delighted to bring you this year’s Forum, “Blurring Boundaries - Exploring the convergence of life sciences and law”, from Amsterdam. The theme “Blurring Boundaries - Exploring the convergence of life sciences and law” aimed to:Uncover the latest breakthroughs: Dive into the forefront of life sciences advances, including biotechnology, genetics, pharmaceuticals, and medical devicesAddress the regulatory gap: Engage in interactive workshops to bridge the divide between rapid innovation and the development of legal frame­work­sNav­ig­ate global challenges: Explore the impact of globalisation, ethical considerations, privacy concerns, and societal implications on the life sciences sectorFoster collaboration: Connect with legal and scientific minds, exchange ideas, and build valuable re­la­tion­shipsP­resent­a­tions were delivered by fantastic industry speakers, including Annemiek Verkamman (Managing Director, Hollandbio), Charida Dorder (Member of the Dutch AI Coalition), Wouter Boon (Associate Professor, Utrecht University) and Marc Kaptein (Medical Director, Pfizer), as they shared their expertise, thoughts and insights on how the sector is “Blurring Boundaries”. We were also joined by Simon Neill (Senior Legal Director) at Johnson & John­son and Joep Rijnierse (Senior Medical Director) at Amgen in our workshops. This webpage has been designed to keep you updated on the Forum, our speakers, as well as provide you with the useful resources complementing the theme “Blurring Boundaries - Exploring the convergence of life sciences and law”. You will also find on this page details on how to stay connected with CMS through our upcoming webinar series, On the Pulse Webinar Series 2023 - Autumn (cms. law); free eAlert service, Law-Now; and social media channels.
15/03/2023
Introduction to Trade Secrets
This course is designed to raise your employees' understanding of the importance and value of maintaining confidentiality over trade secrets.
12/03/2023
Silicon Valley Bank’s current position and what to do about it
Please refer to our latest publication Update to Silicon Valley Bank's current position and what it means for the most up-to-date guidance. The team here at CMS has been saddened by the collapse of the...
29/12/2022
AI Ethics
This course helps employees understand AI and machine learning and aims to enhance their knowledge on the ethical issues related to such techniques.
22/11/2022
Life Sciences are reaping the reward of digital advances but IP and contract...
Digital transformation in life sciences is creating opportunities to counter healthcare’s most intractable problems from treating rare diseases to accelerating diagnostics and reducing treatment backlogs. But technological advances are outstripping legislative and regulatory frameworks giving rise to a landscape strewn with issues over data, privacy and IP, the recent CMS Global Life Sciences & Healthcare Forum 2022 heard.“Tech­no­logy change obviously brings with it risks in implementation and new uses of technology and new regulation and legislation brings new risk,” Jeremy Mash, partner at CMS London, told delegates. AI is a potent force in life sciences with machine learning and patient data opening up new opportunities to revolutionise healthcare and relieve systems bogged down by laborious processes and shrinking budgets. The advances are welcomed across life sciences and digital has been enshrined in most nation’s health system planning but some fundamental principles such as who owns or is responsible for patient data, new routes to treatments and the consequences of mistakes have yet to be fully tested.“There are situations where you can see that evolving into risk and legal problems,” added Jeremy. “There is increasing use of legislation in the space and there is concern about where it is going to lead. There are a lot of data issues about quite what the ‘black box’ is doing and you can see people starting to raise concerns about how their data is being used.“There is also a lot talk about who is liable if that AI does not work. Is it the person who implemented it or the person designed it?”CMS examined the emerging issues in its Technology Transformation report, which surveyed 510 senior counsel and risk managers across sectors and discovered a range of preparedness and safeguards. It identified that IP issues represent 65% of expected future technology disputes, observed Jane Hollywood, partner at CMS London and patent attorney. She said the existing risk management systems for identifying, analysing, reviewing, mitigating and monitoring IP risk may need stiff­en­ing.“It's one thing to have contractual obligations and training for your people governing how you protect your IP and not misuse third party IP,” she told the Forum, in Brussels. “But it's quite another to ensure that your procedures remain adequate while you're operating in a world of machine learning algorithms and AI facilitated decision making.”She added: “The IP system does not evolve as quickly as technology advances and therefore we can have challenges obtaining protection for new technologies. We've seen this very much with AI and digital health technologies where patent protection can be difficult to get.”She said that identifying ownership and capturing developments in a fast-moving sector where collaboration and joint ventures are common can also generate disputes.“Big Pharma is increasingly partnering with digital health companies for drug discovery and patient engagement and clinical trial automation and, again, there's a lack of clarity about who owns the data that's generated from these partnerships so this is also likely to lead to disputes in the future,” said Jane. To read the full survey, visit Technology Transformation report.
22/11/2022
Global Life Sciences & Healthcare Forum 2022 – Recordings & Presentations
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 came under the microscope at a landmark legal Forum in September. 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 brought 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 examined 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 was held in Brussels and online on Thursday, September 29, had 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.”Fea­tured 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.
08/11/2022
Technology Transformation – Media
The media sector is known to be highly competitive, with that competition driving innovation. Older media businesses have had to grapple with disruptive new entrants. And those new entrants are constantly working to deliver better and more engaging content and user experiences to maintain their advantage. Digitisation has changed how media companies interact with their audience in ways we could not have imagined just a few years ago, but this comes with risk. This report is a deep dive into the data first produced for the report Technology Transformation: Managing Risks in a Changing Landscape. This saw over 500 corporate counsel and risk managers surveyed from multiple industries across the world. Here we look in detail at the 75 respondents from the media sector, and their perspectives on the risks associated with busi­ness-crit­ic­al technologies, including emerging technologies. What did we find? Media is a dynamic sector and can be an early adopter of many novel technologies as companies push for competitive advantages to create and satisfy customer demand. As we look to the future, the sector does seem underprepared in some areas, which is a potential cause for concern. Download the Technology Transformation media sector report now to read aboutThe principal drivers in the adoption of busi­ness-crit­ic­al technology in the media sectorConfidence in managing tech-related risks among senior media executivesFuture threats from new technologies like AI and blockchainWhich plans and processes media companies are putting in place to protect tech in­fra­struc­ture­Cul­tur­al barriers to managing tech risks in the media sectorPreferred approaches to dispute resolution in the media sector