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Belaboring Free Speech


The article, “Belaboring Free Speech,” featured in The Washington Free Beacon, discussed a federal judge's recent ruling which barred the Labor Department from implementing a new policy, known as the Persuader Rule, that would force companies to disclose any advice they seek during union elections.

Roger Quillen weighed in on the Judge’s recent ruling.

Roger said that the Judge Cummings understood the plaintiffs’ argument that the new rule threatened attorney-client privilege. Smaller businesses may eschew seeking legal advice rather than deal with union pressure campaigns.

“The harm would have been severe and clearly not reparable because confidential dealings will become a matter of public record,” he said.

The department can appeal the ruling. Roger said he would be surprised if the department did not attempt to bring the new rule before the Supreme Court. The Department faced stark opposition from employers while it was considering the rule for a number of years and ignored thousands of critics in the legal and business communities during the rule’s public comment period.

To read the full article, please visit The Washington Free Beacon.


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