National Federation of Independent Business v. Perez
- Case Date: 5/30/2016
- Project Name: Civil Justice Reform
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.
More Information and Downloads:
6/27/2016: Download Opinion
5/31/2016: Download the Brief
American Lawyer Media's Daily Business Review: First Amendment Lawyer Julin Decamps Hunton & Williams for Gunster