Law360 Reports on Lawsuit Brought by Actress Against Biote
November 25, 2024 – Law360 reports that Brewer client and commercial actress Cindy Latch accused the Biote hormone treatment company and its affiliates of improperly using her image and likeness in promotional materials promoting its therapy.
The article, “Hormone Therapy Co. Jilted Actress Over Image Use, Suit Says,” reports that Latch had an image use contract that automatically renewed from 2013 through 2021, but that Biote stopped paying her in 2021 as affiliates continue to her use her image to sell products. The complaint stated that, “Defendant blatantly misappropriated plaintiff's image and likeness—using her personal brand to sell products, cultivate customer relationships, and promote its corporate brand,"
William A. Brewer III, counsel for Latch, said in a statement her "currency is her personal brand."
"As is customary, she entered into an agreement to allow Biote to use her image and likeness," Brewer said. "Unfortunately, Biote continues to use plaintiff's personal brand while simultaneously denying her just compensation."
In addition to Brewer, Latch is represented by Brewer associates Joshua Harris and Nicholas Cacciarelli.
Read more here.
Lights, Camera, Action! Brewer Summer Program Profiled by Law 360
June 25, 2024 – Law 360 showcased the Brewer firm in its article, “Small Firms Put Unique Spin on Summer Associate Programs.” The article notes how the Brewer summer program provides participants with real-life experience, networking opportunities, and social activities.
Firm partner Will Brewer says, “We had the law clerks and even the college interns working on substantive stuff, preparing for depositions, attending depositions, taking notes in meetings, going to court if that arises," he said. "We're just trying to give them a good experience, not just watching but also contributing to the end product and really working on the case."
As Law 360 reports, Brewer's [summer] program is also unique in that it takes not just law students but also MBA students who work with the firm's business consultants, and undergraduate public relations and communications majors who work with the firm's public affairs managers.
"It's big, but it's super fun," Brewer said. "And it kind of gives people a chance to shadow and work with the people who they would potentially want to step into their role one day."
Click here to read the full article.
Law360 Names Brewer Firm "Legal Lions of the Week"
June 1, 2024 — Law360 has named Brewer, Attorneys & Counselors one of its "Legal Lions of the Week" after the U.S. Supreme Court unanimously ruled for Brewer client the National Rifle Association of America (NRA) in its First Amendment case against a former New York state regulator.
The recognition noted that the NRA is represented by The NRA is represented by William Brewer III, Sarah Rogers and Noah Peters of Brewer Attorneys & Counselors.
Law360 writes that, “In a unanimous decision, the high court said Thursday that the NRA sufficiently showed that former New York Financial Services Superintendent Maria T. Vullo likely breached the group's First Amendment protections through the collective actions the NRA accused her of taking against banks and insurance agencies affiliated with it.”
Read more here.
Law360 reports on NRA First Amendment Case Before the Supreme Court
February 21, 2024 – Law360 reports that former New York Department of Financial Services (DFS) Superintendent Maria T. Vullo filed a respondent brief with the U.S. Supreme Court in connection with the case National Rifle Association of America (NRA) v. Vullo, which will be heard in March. The NRA is represented in the case by Brewer, Attorneys & Counselors, the American Civil Liberties Union (ACLU), and First Amendment scholar Eugene Volokh.
In a 2018 complaint against Vullo, the NRA said guidance memos Vullo issued to banks and insurers recommending that New York financial institutions evaluate the reputational risks arising from their dealings with the NRA amounted to an “overt viewpoint-based discrimination campaign.” In her brief to the Supreme Court, Vullo rejected the NRA's position that the statements were a "veiled threat."
NRA counsel William A. Brewer III told Law360 in a statement that the "respondents understate the NRA's allegations."
"It is not just that Vullo 'spoke out about matters of public concern,' but that she intentionally engineered a blacklisting campaign against the NRA at the direction of then Governor Cuomo because of its public advocacy," Brewer said. "The claim that the NRA's arguments should be rejected because they might 'encourage damage suits' against public officials is a red herring — an unpersuasive excuse to avoid scrutiny of the actions in question."
The NRA is also represented by Noah Peters and Sarah B. Rogers of Brewer Attorneys & Counselors.
Law 360 Reports on NRA Trial, Closing Arguments
February 15, 2024 - Law360 reported on the conclusion of a six-week trial concerning the New York Attorney General Letitia James’ (NYAG) case against the National Rifle Association of America (NRA) in New York.
The NYAG filed suit against the NRA, former CEO and Executive Vice President Wayne LaPierre, former CFO Wilson Phillips, General Counsel John Frazer, and former Chief of Staff Joshua Powell in August 2020, alleging defendants misspent millions of dollars and that the NRA and executives steered vendor contracts to insiders. The Brewer firm represents the NRA in the case.
The report noted that the NRA said its board was a victim of improper spending by executives and that the Association instituted compliance reforms once that alleged misconduct came to light.
"The essence of fraud is that it's a lie. The victim doesn't know about it," Brewer Partner Sarah Rogers told the jury. "What the NRA did when it discovered the fraud was, it dug in. ... The NRA left no stone unturned."
Rogers added that the NYAG sued the NRA because she "despised" the group, and that she tried "to impose the death penalty on it and take all its money" – through a corporate dissolution claim that was dismissed in March 2022.
Read more here.
Law360: NRA Seeks 2nd Circ. Rehearing In Free Speech Dispute
October 11, 2022 - Law360 reports that Brewer client, the National Rifle Association of America (NRA), is asking a "Second Circuit panel for a rehearing after the court found that an investigation into insurers partnered with the NRA and statements by a former New York official advising NRA-affiliated businesses to assess their reputational risks did not violate the gun advocacy group's constitutional rights."
The NRA filed a petition for rehearing en banc on October 6, 2022, asserting that the three-judge panel that overturned its free speech win ignored "clearly-established law that selective enforcement regimes violate the First Amendment." The panel's decision reversed a district court ruling, resulting in the dismissal of individual claims against former Department of Financial Services Superintendent Maria Vullo.
"The NRA believes, as do most First Amendment scholars, that a government official should not be allowed to target her political enemies and then weaponize the power of her office against that group. The concept, which is unremarkable, restrains 'viewpoint discrimination,'" William A. Brewer III, counsel for the NRA, said in a statement to Law360.
"Numerous legal experts and constitutional scholars join the NRA in recognizing the First Amendment forbids such action. The association will continue to pursue this matter in support of its members and their constitutional freedoms," Brewer said.
Read the report (subscription required).
Brewer Firm Featured in Law360 Reporting: Competing With Big Law
On July 12, 2021, Law360 highlighted Brewer, Attorneys & Counselors as among a group of leading boutique law firms who compete with Big Law. The article, “How Boutique Firms Kept In Front of The BigLaw Salary War,” explores how boutiques compete for top talent through compensation and professional opportunity.
The article mentions that Brewer raised salaries in June for first-year starting associates to $205,000 – and also increased pay for other lawyers, consultants and professionals at the firm.
"We aim to keep our salaries commensurate with the demands on the professionals, which is at the highest level," Brewer Partner William Brewer told Law360. He added that that the firm employs many in-house business professionals, including consulting experts, investigators and communications specialists.
"We don't wait till the end of the day to figure out what the experts are going to say about cases," Brewer said. "We have those professionals in-house to start thinking through those issues that are typically only handled by outside consultants or experts."
Brewer added that this means young lawyers can “be the captain on a case” early on in their career.
Law360 Reports on LGBT Bias Suit Brought By Bankruptcy Attorney
On March 31, 2021, Law360 reported that Brewer client Trey A. Monsour, who is a prominent bankruptcy attorney, brought a lawsuit in Texas federal court against the law firm Polsinelli PC, accusing the firm of discriminating against him based on his sexual orientation.
Mr. Monsour, a former partner at the firm who is gay, alleged that the firm began discriminating against him after he was hired as a partner in the firm's Houston office in 2017.
William A. Brewer III, who represents Monsour in the suit, said in a statement that his client is suing "to expose what he believes is a troubling pattern of discrimination based on sexual orientation at Polsinelli -- and to champion a call for diversity, tolerance and inclusion in the legal industry."
Law360 reported that according to the lawsuit filing, "Whereas almost all newly hired partners were invariable provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help. The suit alleges that firm leaders also made "derogatory comments" regarding gay employees and that Monsour felt "isolated and without recourse."