Multi-Jurisdictional Legal Matters

A dispute litigated in more than one court system can be won four times and lost once, and the one loss is the one that counts. A favorable ruling secured in one forum is attacked collaterally in another. Two circuits read the same law differently, and identical facts produce opposite results. Judgments land in conflict with one another, and the company is left to live with both. The cost compounds as well, because separate counsel in every venue can mean each set of lawyers optimizes its own case and none of them answers for the whole. Brewer, Attorneys & Counselors is retained when a matter has outgrown any single courthouse and the strategy has to be coordinated across courts.

The Firm's clients range from entrepreneurs and closely held businesses to Fortune 500 corporations and major nonprofits, and they arrive asking for three things: one team that owns the outcome in every court, a deliberate forum strategy, and rulings that hold when the other side attacks them somewhere else. Brewer pursues those as results rather than as filings - dismissal of the duplicative action, return to the venue its client selected, reversal where an adverse decision threatens everything still pending, and a favorable judgment kept intact against every effort to unwind it elsewhere. The Firm has carried matters that moved from state court into federal district court, on to more than one federal court of appeals, and back again without losing the thread. It has answered adversaries who sought to place themselves beyond the reach of United States courts altogether.

Holding that many fronts at once is a question of resources as much as advocacy. The Firm’s in-house Consulting Group measures what is exposed in each proceeding and how a result in one alters the arithmetic in the rest. Communications professionals manage the public response to a matter playing out in several places at once. Brewer practices litigation and dispute resolution exclusively - no transactions, no deal work - and that concentration helps one plan govern every proceeding rather than three or four plans colliding. Few firms can coordinate at this scale. Brewer has done it for four decades.

Featured Multi-Jurisdictional Victory

In Board of Regents of the University of Texas System v. Nippon Telephone & Telegraph Corporation, Brewer represented the University of Texas System, together with Hydro-Quebec, against Nippon Telephone & Telegraph Corporation, a Japanese corporation, over an NTT scientist's breach of confidentiality concerning battery technology. The action began in Texas state court and was removed by NTT to federal court. An earlier appeal went to the United States Court of Appeals for the Federal Circuit, which held that it lacked jurisdiction and transferred the appeal to the Fifth Circuit. The United States Court of Appeals for the Fifth Circuit then rejected NTT's sovereign immunity defense under the Foreign Sovereign Immunities Act and remanded the case to Texas state court, at 478 F.3d 274 (5th Cir. 2007). One matter travelled through a state court, a federal district court, two federal courts of appeals, and back to state court, and it was governed throughout by a single strategy.

Multi-Jurisdictional Legal Matters is a focus of the Firm's Appellate practice.

One Adverse Ruling Undoes Four Wins