Editor's Desk

The DOJ’s Antitrust Division is using novel interpretations of the Sherman Act to address what it sees as two knotty problems: the stranglehold that social media giants have on public discourse in the U.S., and the pacts between companies that limit their employees’ mobility. Neither initiative is making much headway. In this issue of Today’s General Counsel, Ann O'Brien and Lindsey Collins discuss U.S. v. DaVita, in which a Denver judge ruled that an agreement between companies not to solicit or hire each other’s employees is not per se illegal under antitrust law. There are several other cases pending over no-poach agreements, and so far the DOJ shows no signs of backing down.

French law, by contrast, continues to tilt toward labor. Julien Haure and Marine Hamon outline the hoops that a theoretical multinational company, hamstrung by pandemic setbacks, would have to jump through in order to downsize. Wendy King and David Horrigan discuss a recent survey in which CLOs spoke candidly about the challenges they face with regard to technological maturity in legal departments, and Barry Ader has some advice about getting attorneys to buy into technological change. Todd Presnell, in his column on privilege, discusses attorney/client issues that one widely-used technology raises.

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