Freedom of Speech

Persuader Rule Update - Podcast

Labor & Employment Law Practice Group Podcast
Christopher C. Murray, Karen Harned July 12, 2017

On March 24, 2016 the DOL’s Office of Labor-Management Standards (OLMS) issued the so-called “persuader rule” that would greatly inhibit the ability of businesses to rely on labor experts and the ability of employers to obtain legal advice in responding to union organizing campaigns. For nearly 50 years the DOL has recognized that advice, including legal advice, is excluded from reporting under federal labor law. The new persuader rule would have forced lawyers and law firms that counsel a business on most labor relations matters to disclose not only their work with that client, but also all fees and arrangements for all clients for all labor-relations services.  Several lawsuits were filed challenging this rule on statutory and First Amendment grounds. On June 27, 2016, a district court in Texas issued a preliminary injunction enjoining DOL from implementing the new rule. The district court then made that preliminary injunction permanent in November 2016, and DOL has appealed to the Fifth Circuit.  While DOL’s appeal is pending, on June 12 DOL issued a proposal to rescind the rule.

Christopher C. Murray, a shareholder at Ogletree Deakins, represents some of the business groups in the Texas litigation who sued to stop the “persuader rule” from taking effect. He provided an update on the current state of play with regard to the litigation and proposed rulemaking.


  • Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Moderator: Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center

Courthouse Steps: Two Cases - Matal v. Tam and Packingham v. North Carolina - Podcast

Free Speech & Election Law Practice Group Podcast
Ilya Shapiro, Michael R. Huston June 21, 2017

The Court has ruled today in two important cases, Matal v. Tam (aka "The Slants" copyright case) and Packingham v. North Carolina, which concerns a North Carolina law that restricts the access of convicted sex offenders to “commercial social networking” websites. Mr. Michael Huston and Mr. Ilya Shapiro joined us for this special Teleforum in which the holdings and reasoning of both cases were discussed.  


  • Mr. Michael R. Huston, Associate Attorney, Gibson Dunn & Crutcher LLP
  • Mr. Ilya Shapiro,  Senior Fellow in Constitutional Studies, Cato Institute