In a major defeat for the Department of Labor (DOL) and its organized labor allies, a U.S. District Court in Texas has issued a nationwide injunction on the DOL’s so-called “persuader rule”.  The injunction prevents DOL from implementing any and all aspects of the rule pending a ruling by the U.S. Court of Appeals for the 5th Circuit.  Among other egregious provisions, the persuader rule requires employers to disclose all consultants (attorneys included) they may have retained to help influence employees in a union representation election.  It would also require public disclosure of the monies paid such consultants and the specific advice they may have given, effectively eliminating attorney-client privilege in the context of union representation elections.  In his ruling, just days before the rule was to go into effect (July 1, 2016) and one week after a Minnesota federal court opined the rule invalid but refused to issue the injunction, US Judge Samuel Cummings said the rule is “defective to its core”, “unconstitutionally vague in violation of the due process clause of the Fifth Amendment”, and “arbitrary, capricious and an abuse of discretion”.  Further, Cummings found that the rule “violates free speech and association rights protected by the First Amendment”, unreasonably conflicts with state rules governing the practice of law and “exceeds DOL’s authority . . . by eliminating the statute’s ‘Advice Exemption’”.  The injunction is nationwide in scope.