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Arkansas AG opposes proposed Persuader Advice Exemption Rule

By Mark Iandolo | Feb 12, 2016

LITTLE ROCK, Ark. (Legal Newsline) – Arkansas Attorney General Leslie Rutledge joined 12 other states in drafting a letter to the U.S. Office of Management and Budget to oppose the Obama Administration’s proposed Persuader Advice Exemption Rule.

The attorneys general believe that the rule, which could force small businesses to disclose communications with outside counsel in labor relations matters, violates long-standing attorney-client privilege practices. They further believe that the rule could place undue burdens on small businesses.

“Small businesses are already being hit with countless federal mandates and regulations that stifle job growth,” Rutledge said. “If Arkansas small businesses are going to compete, then Washington needs to get out of the way. Arkansans want a government that works, not one that overregulates, which is why I am urging the administration to withdraw this proposed rule.”

The Labor Management Reporting and Disclosure Act has preserved attorney-client privilege for more than 50 years, the attorney generals pointed out.

Attorneys general from Arizona, Georgia, Idaho, Kansas, Louisiana, Michigan, Nevada, Oklahoma, South Carolina, South Dakota and West Virginia joined Rutledge in signing the letter that was led by Alabama Attorney General Luther Strange.

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