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

  •  
    27/05/2024
    Europe

    Vital Signs Spring 2024

    As we push on into 2024 and towards summer, both the weather and some legal areas are hotting up. This edition of Vital Signs looks in detail at recent developments in four diverse legal areas. First, we review the current risks and trends in commercial contracts in the life science sector. Second, we consider how the law on supplementary protection certificates (SPCs) is developing, including the status of the EU pharma law package, CJEU referrals and national case law at the supreme court level. Third, brace yourself for an important decision in UK law on public procurement and the test for the...
    Read more
  •  
    27/05/2024
    Europe

    Aven v Council (T-301/22) and Fridman v Council (T-304/22)

    IntroductionThe EU and many other countries impose financial sanctions on individuals. These people, who are often wealthy businessmen with ties to particular governments, are “designated” under the relevant sanctions regime. The consequences of such designation are usually dire and, usually, any challenge to such a designation will be extremely difficult.However legal challenges are possible in the EU and other jurisdictions, and sometimes succeed. A recent example is the case of Mikhail Fridman and Petr Aven, who have persuaded a lower court of the EU to overturn their designation...
    Read more
  •  
    27/05/2024
    Hungary

    Hungary adopts new Act on Markets in Crypto-Assets

    On 17 April 2024, the Hungarian parliament adopted Act VII of 2024 on Markets in Crypto-Assets, which will enter into force on 30 June 2024 and lay down provisions necessary for the Hungarian implementation of the Markets in Crypto-Assets Regulation (MiCA) and the Digital Operational Resilience Act (DORA).In the EU, the framework regulation for crypto-assets is covered by MiCA. However, the exceptions provided to member states in MiCA and the wide range of potential service providers make it necessary to regulate crypto-assets and services in domestic legislation as well.ScopeFor crypto entities,...
    Read more
  •  
    27/05/2024
    Europe

    MiFID/MiFIR review: ESMA publishes series of consultation papers on transparency topics

    On 21 and 23 May 2024, the European Securities and Markets Authority (“ESMA”) published three consultation papers, as part of the ongoing MiFID/MiFIR review.The revised Markets in Financial Instruments Directive and Regulation (known as MiFID III/MiFIR II) came into force on 28 March 2024. The package was finalised amid widespread industry concern at the uncertainty created by apparent misalignments between the Level 1 text of MiFIR as amended, and the Level 2 text, which is yet to be updated, as well as other issues. On 27 and 28 March 2024 respectively, the EU Commission published...
    Read more
  •  
    24/05/2024
    United Kingdom

    Oil, gas and commodities: Supreme Court overturns Court of Appeal on force majeure

    On 15 May 2024, the Supreme Court unanimously overturned the Court of Appeal’s decision that a ‘reasonable endeavours’ obligation in a force majeure clause could require a party to accept alternative, or non-contractual, performance.The Supreme Court clarified the law on force majeure clauses by relying on well-established English law principles and found that an obligation to use reasonable endeavours in the context of a force majeure clause would not require a party who wishes to rely on the clause to accept the other party’s offer of non-contractual performance.FactsCMS...
    Read more
  •  
    24/05/2024
    United Kingdom

    The DMCC Act becomes law

    The long-awaited Digital Markets, Competition and Consumers (“DMCC”) Act is scheduled to receive royal assent today (24 May 2024), in the wash-up period just before the dissolution of the current parliament and following the announcement of a snap UK general election for 4 July 2024.It is a landmark piece of legislation that has been in the making for several years. It aims to regulate competition in digital markets; amend the Competition Act 1998 and the Enterprise Act 2002 and make other provision about competition law; and provide for the protection and enhancement of consumer rights.From...
    Read more