Delivering focused legal analysis, commentary and insights to help you anticipate future challenges

For the very latest legal updates from CMS expert lawyers delivered directly to your inbox, sign up to the Law-Now subscription service now.

Search our extensive archive of over 20,000 legal articles and publications from across CMS with targeted business sector and legal practice area updates tailored to you. You can also bookmark Law-Now to your mobile device for easy access to CMS know-how on the move. 

Learn more about CMS and how we can support your business here.

Recent Articles

  •  
    24/07/2024
    UK, EU

    Overcooked, but with a slight bite – CJEU considers relevance of pre-Brexit UK rights in BASMATI EU trade mark opposition

    Are UK trade mark rights still relevant for EU trade mark oppositions that were started before – but are appealed after – the end of the Brexit transition period? And, more importantly, should UK rights holders still have the right to block EU trade mark applications that would no longer overlap with their earlier UK rights?The CJEU has sunk its teeth into these sticky issues in the case of Indo European Foods Ltd v EUIPO. The case concerned an opposition against an EU trade mark bearing the mark BASMATI, relying on “extended passing off” under UK common law. It demonstrates...
    Read more
  •  
    24/07/2024
    England and Wales

    Court of Appeal puts default interest rate clause to the test in Houssein v London Credit Ltd (2024)

    Two important issues in the context of financing transactions were considered by the Court of Appeal in the recent decision in Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 (28 June 2024):whether the contractual default interest constituted an unenforceable penalty – the High Court at first instance having found that the default interest rate of 4% per month to be unenforceable as a penalty; and should the default interest not be enforceable, whether non-default interest would continue to accrue after the repayment date.The facility in question set out...
    Read more
  •  
    24/07/2024
    Bulgaria

    Bulgaria modernises requirements on conducting health-and-safety instruction at work

    Bulgaria is modernising rules aimed at keeping up with the developments in the employment sphere, including in the context of remote work and minimising employer expenses. To this end, on 27 September 2024, amendments will take effect to Ordinance No. РД-07-2 of 16 December 2009 on the conditions and procedure for periodic training and instruction of employees on the rules for ensuring health and safety at work, issued by the Minister of Labour and Social Policy, as amended and supplemented.BackgroundUnder Bulgarian law, employers have the obligation to provide all employees with appropriate...
    Read more
  •  
    23/07/2024
    International

    The role of arbitrators in the settlement process

    In any dispute, parties are free to settle at any time. In order to avoid the time, cost and risk associated with pursuing or defending arbitration proceedings to their conclusion, it is generally in the best interests of both parties to achieve settlement.  But what role, if any, does a tribunal play in this process? The CMS arbitration team analysed the rules of 29 arbitral institutions to investigate this question and explored what impact the lack of mandatory “settlement facilitation” provisions in arbitral rules may have on the prospects of parties reaching settlement.This...
    Read more
  •  
    23/07/2024
    Europe

    Creditors’ protection enhanced in financing railway rolling stocks following the entry into force of the Luxembourg Protocol

    The Cape Town Convention on international interests in mobile equipment (the “Convention”) was adopted on 16 November 2001 and promotes the financing and acquisition of certain type of assets. It lays down uniform rules on the validity, enforceability and enforcement of security interests and enables international creditors to retain their prerogatives and rank irrespective of the location of the secured asset. It applies to (i) aircraft, (ii) railway rolling stock (“RRS”), (iii) space assets and (iv) mining, agricultural and construction equipment.The Convention is supplemented...
    Read more
  •  
    23/07/2024
    Belgium

    Changes made to Belgian transfer pricing documentation requirement

    NL FR
    On 16 June 2024, Belgium adopted a Royal Decree that modifies the Belgian master file form, local file form and country-by-country notification forms.These changes were made to align the documentation with the new version of transfer pricing guidelines published by the OECD in January 2022, which detail the treatment of hard-to-value intangibles and the application of transfer pricing in financial transactions.The amended forms, which will facilitate risk assessments, are scheduled to be used starting 1 January 2025. Changes to the Master file formWhile form 275.MF remains unchanged, reporting...
    Read more