Case Detail

National Federation of Independent Business v. Perez
On November 16, 2016 the U.S. District Court for the Northern District of Texas permanently enjoined the Department of Labor’s new Persuader Rule, in part for violating the First Amendment. As WLF’s brief argued, the new rule facially discriminates based on the content of speech and must withstand strict scrutiny. But the rule cannot survive strict scrutiny because it fails to directly advance any compelling government interest and its mandates are not the least restrictive means to advance the rule’s supposed objective. By aggressively reinterpreting the Labor Management Reporting and Disclosure Act of 1959, DOL seeks to create leverage against entities that counsel the management side of labor disputes. Forcing them to publicize their disbursements makes it easier to stir up opposition to their provision of legal services. WLF’s brief was prepared with substantial pro bono assistance from Thomas Julin, Gregory Robertson, and Alan Marcuis of the Hunton & Williams law firm.
Case Status:
More Information and Downloads:
5/31/2016: Download the Brief
6/27/2016: Download Opinion
American Lawyer Media's Daily Business Review:  First Amendment Lawyer Julin Decamps Hunton & Williams for Gunster 
Press Release: WLF Asks Texas Federal Court to Strike Down DOL Persuader Rule for Violating the First Amendment
Press Release: In WLF Victory, TX Federal Court Issues Nationwide Preliminary Injunction Against DOL Persuader Rule
Press Release: WLF Applauds Nationwide Permanent Injunction Against Department of Labor’s Persuader Rule
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