NIL Litigation
A name, image, and likeness dispute begins when a person's identity is taken for commercial gain without authority. These matters arise from the misappropriation of a persona, from expired consent or licenses that once permitted use, and from the right of publicity that protects athletes and entertainers alike, along with the commercial talent whose faces and voices drive modern marketing. The NIL era now stretches from college athletics, reshaped by revenue sharing after the House v. NCAA settlement, to established performers whose likenesses anchor global campaigns. For a personal brand, the stakes are existential: an identity, once diluted or exploited, is difficult to reclaim, and the rise of AI deepfakes and voice cloning has made unauthorized use faster and more corrosive than ever. Brewer steps in where the stakes are exceptionally high and a client's identity demands relentless protection.
Founded in 1984, with offices in Dallas and New York, Brewer, Attorneys & Counselors represents a client base that ranges from entrepreneurs to Fortune 500 corporations and major nonprofits. When an identity is under attack, the Firm moves decisively: it pursues injunctive relief and temporary restraining orders to halt unauthorized use immediately, and it seeks damages that reflect the true commercial value of the persona at issue. The Firm's trial lawyers litigate these high-stakes disputes in state and federal courts, meeting every act of misappropriation with principled, unwavering, and cutting-edge advocacy built to prevail.
Identity disputes are, at their core, reputation disputes - and that is precisely the terrain the Firm was built to command. Brewer pairs its trial lawyers with in-house business consulting, investigative, and public relations professionals, delivering full-spectrum advocacy that answers both the courtroom and the court of public opinion. This integrated model is built to pair the fight in court with the protection of a client's standing in the marketplace. Because the Firm maintains a litigation-only focus, its energy remains fixed on a single objective: to prevail in the matters where a client's name, image, and likeness are most at risk.
Featured NIL Litigation Victory
In Cindy Latch v. Biote Medical, Brewer represents commercial actress Cindy Latch in a right of publicity action against Biote Medical and affiliated practitioners. In December 2024, a Dallas County court entered an injunction barring the defendants from using her name, image, or likeness after her contract had expired, finding that their continued use caused immediate and irreparable injury. The representation is ongoing, and the suit seeks damages exceeding $10 million - a measure of the value that attaches to a professional's likeness and the cost of exploiting it without authority.
NIL litigation is one dimension of the Firm's broader Commercial Litigation practice.