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DOL Rule Could Persuade Management Not to Seek Legal Advice

3.23.16

The article, “DOL Rule Could Persuade Management Not to Seek Legal Advice,” featured in Corporate Counsel, discussed how the U.S. Department of Labor released the final version of a rule today that will force companies to disclose more information about the third parties, including attorneys, that they hire to help counter unionization campaigns.

Steven Bernstein discussed the fundamental principle of attorney-client privilege.

Steve said that the promise of attorney-client privilege is fundamental when working with any client. “All of us take the oath to uphold the confidentiality of our client relationships when we pass the bar,” he said. “It’s deeply ingrained in what we do.”

Messing with privilege might not just force management-side attorneys to break the rules, but it could have a chilling effect on the use on companies’ use of outside counsel. “I think most people would agree that our labor regulations in this country are growing increasingly complex, and businesses increasingly need sound advice and counsel to navigate through those regulations,” said Steve. “And yet here you have a development that seems to work at cross purposes with that objective.”

To read the full article, please visit Corporate Counsel.

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