Plastics and packaging have attracted  consumer, media and legislative interest over recent years with an array of laws being proposed to incentivise behavioural and design change. Significant reforms...

CMS heeft Gelderburg B.V. en Stichting Ad­mi­ni­stra­tie­kan­toor BHCA begeleid bij de verkoop van BHCA B.V. aan IG&H Holding B.V. BHCA B.V. levert ICT-beheer-, advies- en de­ta­che­rings­dien­sten en is specialist...

We are very pleased to share with you the second edition of the CMS European Private Equity Study 2023. This study analyses hundreds of Private Equity deals that we advised on in 2022 and previous years, providing unique insights into market trends and differences between private equity and trade deals. Key findings: Deal activity remained strong until Q3 2022, but experienced a significant drop in Q4. New investments accounted for 85% of PE deals analysed, with fewer exits and secondary buy-outs in 2022 compared to 2021. Bidding processes decreased in 2022, potentially due to less involvement of PE funds on the sell-side. Entry into new markets was the most common deal driver (64% of deals), while digitalisation was no longer a deal dri­ver­Tech­no­lo­gy, media, and telecoms (TMT) was the busiest sector, followed by Real Estate & Construction and life sciences. Use of MAC clauses decreased to 10% in 2022, compared to 15% in 2021. Fewer FDI approvals or clearances were sought in 2022 (8%) compared to 2021 (15%).W&I insurance played a prominent role in PE M&A transactions, increasing with deal value. Locked box mechanisms for setting purchase price were preferred in 80% of PE deals, while purchase price adjustments decreased. Earn-out provisions increased overall in 2022 but were more common in smaller deals than higher value deals. ESG considerations have not yet featured in legal due diligence or transaction documents. Management incentive schemes saw shorter vesting periods, increased management allocation, but tightened leaver provisions. Overall, there were buyer-friendly developments in some deal metrics, such as the use of "tipping" baskets.

CMS heeft  Broekhuis, een Nederlands bedrijf dat actief is als partner in mobiliteit, begeleid bij de verkoop van de BMW/MINI activiteiten aan Pala Group, een Nederlands au­to­mo­biel­be­drijf. Als gevolg...

CMS heeft Broekhuis Dealer Holding B.V. geadviseerd bij de aankoop van twee Ten Tusscher vestigingen in Almelo en Enschede. Ten Tusscher is een gerenommeerde fiets­spe­ci­aal­zaak met een lange historie...

On 13 January 2023, the Netherlands Enterprise Chamber at the Amsterdam Court of Appeal (On­der­ne­mings­ka­mer) refused the request of Moscow based SBK Art Limited Liability Company (SBK Art), an indirect...

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