Today's General Counsel, December 2023

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EDITOR’S DESK

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ntitrust attorney Jeffery Cross has been a popular columnist with Today’s General Counsel for a long time. We’ve always thought his readership was high because antitrust is an area that has to be

considered when major deals are made, and in-house counsel either sit at the table or hope to when those deals are negotiated. His topic in this issue is one that in-house attorneys, as well as corporate directors and officers, will be keenly interested in, the possibility that the DOJ Antitrust Division might soon be pursuing criminal cases under Section 2 of the Sherman Act. Your clients will be pleased to know you’re on top of this. Nigel Jones tackles privacy compliance. General counsel are well-positioned to take the lead, he writes. All they need is a good plan, and some time reserved for the tasks required to implement it. Peter Selvin discusses a common problem in D&O insurance recovery, the failure to recognize a communication as constituting a “claim.” Laura Ann Smith highlights how companies should message their ESG disclosures. John Villafranco and Katie Rogers warn that companies to be careful when making claims about PFAS.

Bob Nienhouse, Editor-In-Chief bnienhouse@TodaysGC.com

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TODAYSGENERALCOUNSEL.COM

DECEMBER 2023

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