A proposed regulation long feared by attorneys has now become a reality. Five years after it was first proposed, the Department of Labor (DOL) has issued its final rule, reinterpreting the advice exception of the “persuader rule” in a way that would force attorneys to reveal their clients’ confidential information, putting their ethical obligations at issue.
The rule concerns the interpretation of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), a statute that imposes reporting requirements on employers and “consultants” where the consultant is retained to persuade employees regarding union-organizing activity.
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