Steven Swirsky Quoted in “‘Persuader’ Rule May Drive Wedge Between Employers, Attys”

Law360

Steven M. Swirsky, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s New York office, was quoted in Law360, in “‘Persuader’ Rule May Drive Wedge Between Employers, Attys,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

Steven M. Swirsky of Epstein Becker Green called the rule “unnecessary” and said many attorneys might have to advise employers that activities that fell into the advice exception over the past 50-plus years now need to be reported.

“There’s a lot of confusion and a lot of uncertainty about what’s required of [attorneys] and what’s required of clients,” Swirsky said, adding that the rule has the “potential to create conflict between attorneys and clients in a way that is dangerous.”

Mr. Swirsky also co-authored an article on this topic in Management Memo, an Epstein Becker Green blog, and the topic appeared on Employment Law This Week, the firm’s weekly, online news program.