Editor's Letter

On June 13th, inflation data showed that prices rose less than expected in May, but economists are still split on whether a downturn in the economy is inevitable. In this issue of Today’s General Counsel, Chris DeConti suggests that in-house departments would be forced to make some overdue changes if there is a downturn, which might be a good thing. Legal teams that are already overstretched and understaffed would face demands to do more work and do it quicker, but according to DeConti, they can thrive nevertheless. The challenge is to develop efficiencies that allow them to do complex legal work at scale, while still dealing with complex advisory matters in a way that aligns with their company’s business goals.

Jeff Cross writes that the FTC’s proposed ban on non-compete agreements is indicative of Chair Lina Khan’s focus on competition enforcement, and her reliance on Section 5 of the FTC Act, which prohibits unfair competition in or affecting commerce. How to deal with the problems that routinely arise when your company needs to collect on its D&O insurance is the topic of Adam Gallagher’s article, and Steve Molo and Lauren Dayton review Business and Commercial Litigation in Federal Courts, edited by our board member Robert L. Haig.

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