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Law360, Bloomberg Law, and the National Law Journal:  Federal Court Rules Against Polsinelli in Sexual Harassment Case

September 19, 2025 — Law360, Bloomberg Law, and The National Law Journal report that Polsinelli PC and two former partners cannot compel arbitration or trim claims in a $20 million sexual harassment and retaliation lawsuit brought by Brewer client Julia Rix. On September 18, 2025, U.S. District Judge Amir H. Ali ruled that Rix plausibly alleges her claims and is not required to arbitrate the dispute.

“This ruling is important,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to Rix. “It affirms that victims of sexual harassment are entitled to the public scrutiny that comes with the judicial system. Julia has shown courage in standing up to Polsinelli. Her decision to do so is now translating into protection for her and others.”

Originally filed in D.C. Superior Court in 2023, the lawsuit alleges that two male Polsinelli partners subjected Rix, a former attorney in the firm’s D.C. office, to repeated sexual advances, unwanted physical contact, and professional retaliation after she rejected their overtures.

Rix claims the partners tied access to business opportunities to her compliance with their demands, sabotaged her performance review, and influenced the firm’s decision regarding her career. Ultimately, she alleges she was terminated shortly after reporting the misconduct. Her claims span sexual harassment and retaliation under the D.C. Human Rights Act and Title VII, as well as intentional and negligent infliction of emotional distress.

Polsinelli sought to dismiss the case, compel arbitration, and apply Missouri law. The Court rejected each defense. Regarding arbitration, Law 360 writes that "Judge Ali found that Rix is not required to arbitrate her sexual harassment dispute, noting that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act bars pre-dispute arbitration agreements from covering sexual assault or harassment disputes."

Judge Ali writes, “…the test for whether the EFAA applies is not whether claims are ‘inexorably intertwined’ or ‘rise or fall’ together; it is whether the claim is or ‘relates to’ a sexual harassment dispute. And on that test, the claim of retaliation for reporting sexual harassment is plainly covered.”

Read the opinion.

Read the Law360 report.

Read the Bloomberg Law report.

Read The National Law Journal report.

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Brewer Client Wholesale Payments Secures Injunction in First Wave of Texas Business Court Trade Secret Cases

September 12, 2025 — Wholesale Payments, a Texas-based financial services firm, secured a Temporary Injunction today from the newly expanded Texas Business Court. The order of the Court for the Eighth Division enjoins the defendants — all former insiders at Wholesale Payments – from diverting merchant accounts. The high-stakes case is among the first heard under the Business Court’s new jurisdiction over trade secret disputes.

Originally filed August 18, 2025, in the 96th Judicial District of Tarrant County, the lawsuit accuses former independent sales partners of breaching Portfolio Purchase Agreements — deals worth over $1 million meant to safeguard client portfolios and relationships. In breach of those agreements, the defendants allegedly conspired to launch Goal Line Payments, LLC, a direct competitor based in Collin County, Texas. Wholesale Payments seeks more than $10 million in damages, disgorgement, and permanent injunctive relief.

“This is an important development because those entrusted with a company’s clients owe a duty of loyalty that cannot be abandoned for personal gain,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel for Wholesale Payments. “Our client believes defendants executed a deliberate scheme to raid its workforce and misappropriate its trade secrets.”

On September 2, 2025, the case was removed to the Texas Business Court. The court’s expanded jurisdiction, effective just one day earlier under House Bill 40, now includes trade secret disputes. Created in 2023, the Business Court system handles high-dollar commercial litigation with speed, consistency, and subject-matter expertise.

Brewer added, “We moved quickly to obtain protection in the Texas Business Court. Its expanding jurisdiction is well-suited for complex trade secret disputes.”

Founded in 2006, Wholesale Payments is a Texas-grown leader in electronic payment processing. It operates nationwide with more than 80 employees and a sales agent network exceeding 300.

According to the complaint, Goal Line Payments, LLC was launched while the defendants remained bound by restrictive covenants and confidentiality agreements. The suit asserts claims for breach of contract, misappropriation of trade secrets, tortious interference, and conspiracy under Texas law.

Wholesale Payments is also pursuing related claims in Florida. A separate lawsuit, filed in the U.S. District Court for the Southern District of Florida, alleges that Merchant Lynx Services and several of its executives orchestrated a corporate raid by luring Wholesale Payments’ employees, diverting clients, and misusing confidential business information to fuel a competing operation.

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Brewer, Attorneys & Counselors Names Joshua Harris as Partner in Dallas Office

Dallas - August 8, 2025 – Brewer, Attorneys & Counselors is pleased to announce that attorney Joshua Harris has been promoted to its partnership.

Harris’s practice focuses on high-stakes commercial litigation, dispute resolution, and complex advocacy. Since joining the Firm’s Dallas office in January of 2024, Harris has consistently delivered exceptional results for clients in their most challenging legal matters.

In addition to serving commercial clients, Harris is a driving force in the Firm’s community impact advocacy affiliate, the Brewer Storefront, where he plays an important role in fighting for the rights of individuals, organizations, and communities in need. Harris is also a mentor to students in the Brewer Foundation Future Leaders Program, an educational and leadership development program that serves students from the urban sector of the Dallas Independent School District.

“Josh demonstrates an unwavering commitment to both our clients and our community advocacy,” says Brewer Partner William A. Brewer III. “His promotion to partner reflects his contributions to the Firm and his leadership as we expand our practice, broaden our reach, and elevate our impact.”

Prior to joining the Firm, Harris practiced with Quinn Emanuel Urquhart & Sullivan LLP. He received his Juris Doctor from The University of Chicago Law School and his bachelor’s degree in political science from Morehouse College, where he graduated magna cum laude.

“I’m proud to be part of Brewer and, in particular, its commitment to training future generations of lawyers,” Harris says. “This firm is defined by an unparalleled commitment to advocacy – in the courtroom and the community.”

To learn more about Harris, please click here.

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Politico Reports on Potential Lawsuit by New York State Republicans

August 6, 2025 — Politico reports today that New York State Republicans are planning a federal lawsuit in opposition to New York’s new law moving elections to even years.

The controversial 2023 law rescheduled town and county races. According to Politico, the future lawsuit was previewed in an amicus brief filed by the Brewer law firm on behalf of Riverhead and Nassau County Legislator Mazi Pilip. The brief was filed as the State Court of Appeals prepares to hear oral arguments in a series of existing state-level cases.

“The First Amendment doesn’t stop at the steps of the state capital [sic],” said William A. Brewer III, the counsel representing Riverhead and Pilip. “Our clients contend that in their communities, democracy will be drowned out – not by censorship, but by unnecessary burdens to local speech.”

Read more here: https://www.politico.com/newsletters/new-york-playbook-pm/2025/08/05/blue-state-republicans-respond-to-redistricting-00494408

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Bahamas Media Reports on Dispute Involving Brewer Client Soho Development

August 1, 2025 – Leading Bahamian news outlets are reporting on a legal dispute surrounding the Ocean Club, Four Seasons Residences, Bahamas, a $350 million luxury resort project on Paradise Island. The coverage highlights claims by Brewer client Soho Development and its principal, Roger Stein, that South Florida developer Two Roads Development used confidential and proprietary information to circumvent Stein’s role in the development.

The Nassau Guardian reports that “Stein, who was tapped to lead the project by Access Industries, alleges that Two Roads Development was brought on as a co-sponsor but later excluded him and used his proprietary materials to move the project forward.” The article states that the project has generated over $150 million in residential pre-sales and that Soho Development is seeking $35 million in damages in the New York Supreme Court.

In its report, Eyewitness News Bahamas underscores allegations that Two Roads “breached a confidentiality and non-disclosure agreement by circumventing Soho, using its work product and connections to proceed with the development unilaterally.”

According to The Tribune, “The two parties allegedly signed a confidentiality and non-disclosure agreement that 'expressly prohibited' Two Roads from disclosing Soho Development's confidential information or ‘pursuing’ the development without the latter's involvement.”

"Unfortunately, Two Roads violated the agreement by pursuing the project without Soho’s consent, misusing Soho’s proprietary information for its own benefit and engaging with other potential co-sponsors. Two Roads exploited the confidential information and contracts provided by Soho, thereby breaching their contractual obligations. This conduct constitutes a clear breach of the agreement," the lawsuit claims.

As reported, William A. Brewer III, counsel for Soho, commented: “No one should be able to circumvent binding agreements and profit without consequence.”

To read the full coverage:

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The Real Deal Reports on Brewer Client Soho Development, Bahamas Luxury Resort

July 29, 2025 – The Real Deal reports today on a dispute regarding a high-profile Bahamas resort and claims from real estate developer and Soho Development principal Roger Stein that he was “sidelined [from the project] by South Florida luxury developer Two Roads Development.”

As reported, “Roger Stein, a Delray Beach resident and attorney who has established professional relationships in the Bahamas during his real estate career, claims that West Palm Beach-based Two Roads circumvented him from the development of the $350 million Ocean Club, Four Seasons Residences, Bahamas on Paradise Island, after he brought the firm onboard and introduced it to key architects, marketing staff and other professionals, and shared his proprietary information on the project.”

On Monday, July 28, 2025, New York-based Soho Development sued Two Roads in New York Supreme Court for breach of their confidentiality and non-disclosure agreement, which included a non-circumvention provision. As reported, Soho claims $35 million in damages. 

“Soho seeks to hold Two Roads accountable for its betrayal of the trust he [Stein] placed in them,” William A. Brewer III, attorney for Soho, said in a statement. “No one should be able to circumvent binding agreements and profit without consequence.” 

The Real Deal reports that Stein doesn’t want to discontinue the project due to its potential as an economic engine for the Bahamas. According to the article, “So far, he has received no compensation for his pre-development work and time, future profits and development fees, according to the complaint.”

“If business partners can sidestep NDAs without facing real consequences,” Brewer said, “then every developer, investor, and business partner who works in good faith is vulnerable.” 

To read more: Roger Stein Sues Two Roads Over Four Seasons Bahamas Project

To read the complaint, click here.

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Workplace Fairness Files Amicus Curiae in Support of Dr. Cara Wessels Wells’ Supreme Court Petition Urging Title VII Protections for Unpaid Workers 

July 11, 2025 — In an important show of support for workplace justice, Workplace Fairness, a leading national nonprofit fighting for the dignity and rights of all workers, filed an amicus curiae brief supporting Dr. Cara Wessel Wells in her civil rights Petition to the U.S. Supreme Court.

Dr. Wells, represented by Brewer, Attorneys & Counselors, is a scientist and entrepreneur who alleges she was pushed out of a Texas Tech University business accelerator after reporting sexual misconduct by her supervisor in the program, then denied Title VII protection because she wasn’t paid for her workplace contributions.

In June, Dr. Wells turned to the Supreme Court to urge it to declare what should be clear-federal civil rights laws protect all those who " work"- regardless of whether the compensation is money or other benefits. The Petition asks the Court to strike down the Fifth Circuit’s “remuneration” rule, which categorically excludes workers whose pay is not money from Title VII’s reach.

“The brief by Workplace Fairness powerfully underscores the critical issue at stake: denying Title VII protections to unpaid workers leaves countless individuals exposed to workplace harassment and retaliation without recourse,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors, and lead counsel to Dr. Wells. “Their advocacy reinforces our client’s position that the Supreme Court should close this gap and ensure that federal civil rights laws protect all workers — regardless of pay.”

“The remuneration rule creates an artificial barrier to civil rights protections — one that is at odds with both Title VII’s purpose and today’s workplace realities,” said William A. Brewer IV, partner at Brewer, Attorneys & Counselors, and counsel to Wells. “Civil rights should not hinge on compensation. We urge the Court to clarify the law on this important federal issue.”

Dr. Wells served as a mentor in Texas Tech University’s business accelerator program in 2022. After speaking out about alleged sexual misconduct, she was abruptly excluded from the program and subjected to retaliation. Because she did not receive a paycheck, the Fifth Circuit ruled she was not legally an “employee” under Title VII of the Civil Rights Act — stripping her of protection.

The Workplace Fairness brief warns that excluding such workers — interns, fellows, volunteers — from federal protections “creates a dangerous loophole.” The Fifth Circuit’s decision, it argues, “encourages employers to reclassify labor to avoid accountability,” subverting Title VII’s central purpose: eradicating workplace discrimination.

“This is a civil rights crisis. The uneven application of federal civil rights laws creates disparate impacts for similarly situated workers—an outcome that is clearly not just,” said Brewer III. “We applaud Workplace Fairness’ important recognition and advocacy of Dr. Wells’ petition and echo their call to the Court to weigh in on this critical issue.”

Read more here:

Workplace Fairness Press Release

Workplace Fairness Amicus Curiae

Wells Petition to U.S. Supreme Court

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Brewer Client Former CFO Files Suit Alleging Corporate Valuation Fraud by CBIZ/Marcum and AmeriTex Leadership

July 1, 2025 – A high-stakes lawsuit filed yesterday in federal district court sheds light on how manipulated valuation reports can distort financial outcomes and erode trust across capital markets.  

Filed in the U.S. District Court for the Southern District of Texas, Houston Division, the case of former AmeriTex CFO Christopher Podlasek v. CBIZ Inc., CBIZ MAG LLC (NYSE:CBZ; formerly Marcum LLP) exposes how valuations can be used to whitewash unsavory business practices.  

At the heart of this suit is an accusation that Marcum knowingly produced a backdated valuation report to justify significantly undercutting the value of Podlasek’s equity in AmeriTex — a major infrastructure supplier whose rapid rise was engineered, in large part, by his leadership. As valuation professionals, CBIZ and its predecessors are specifically charged with upholding fair valuation practices that underpin both private and public markets.  

According to the complaint, “Independent valuations act as the surrogate for arm’s length negotiation in our economy. When that process is corrupted, it undermines the very confidence that underpins our financial markets. This case is not about a difference of opinion. It is about betrayal of duty, distortion of fact, and the failure of a firm that claims to stand for integrity. The public interest demands accountability.”  

Podlasek’s legal counsel, William A. Brewer III of Brewer, Attorneys & Counselors, states: “When a firm like Marcum abandons that responsibility, it undermines the credibility of every arms-length transaction across public and private markets.”

With trillions in public-market assets relying on accurate valuations, each flawed report chips away at investor confidence. 

The complaint alleges that Marcum, under pressure from AmeriTex leadership, rubber-stamped financial projections that violated appraisal standards — ultimately valuing the company at $789 million despite earlier internal estimates of up to $3 billion. 

Brewer adds, “This case carries significant implications beyond the parties involved. It highlights broader concerns about the integrity of valuation services in private equity, public infrastructure, and capital markets at large.” 

This case urges regulators, investors, and industry participants to insist on the highest standards of professional integrity. 

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