PERSUADER RULE ON ADVICE FROM ATTORNEYS/CONSULTANTS RESCINDED

One of the most controversial proposed regulations during the Obama Administration imposed public reporting requirements on employers who obtained advice on union matters.  The proposed regulations required reporting on the type advice and the fees involved.  On July 17, 2018, the Department of Labor issued a final rule rescinding the so-called "Persuader Rule."  The rule had already been rejected by a federal judge, and so it had never taken effect.  The new rule suggests that the Obama regulation would have led to violations of the attorney-client privilege.