EDITOR’S DESK

EDITOR’S DESK

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

Antitrust enforcement, which was notably absent under Trumpappointed heads of the DOJ, has stepped-up under Attorney General Merrick Garland. Jeffery Cross’s column in this issue of Today’s General Counsel examines a hot topic at the ABA Antitrust Section’s spring meeting: the possibility that the DOJ might pursue criminal cases under Section 2 of the Sherman Act which makes monopolization, attempt to monopolize, and conspiracy to monopolize illegal. Enforcement of Section 8 prohibitions against interlocking directorships has been vigorous in the past year as well. An article by Kenneth Rosen and Scott Cargill examines the broad question of director’s independence, and looks at two recent court cases. They suggest that general counsel scrutinize relationships between directors and the party responsible for their appointment.

Julie Arrison-Bishop’s article discusses a problem that shows up when executives ignore copyright policies and share content when they communicate with each other, and in an interview, Robert Scott, VP of Legal, Lattice, discusses how to build a successful privacy program. In another interview, Katie Debord and Alex Guajardo have a broad-ranging discussion about issues in legal operations. Lionel Lavenue, Joseph Myles, and Dara Emami write about privilege problems that arise when there is disclosure to a third party, especially in certain jurisdictions, and Mian R. Wang advises how to avoid losing the protection of corporate personhood in the Delaware courts, where the issue is normally adjudicated. It’s a high bar for plaintiffs, but not insurmountable, especially if the company simply functions as a façade for the dominant shareholder.