Texas Supreme Court Exonerates Partner William Brewer in Pretrial Survey Case
The Texas Supreme Court on April 24 ruled that Brewer, Attorneys & Counselors Partner William Brewer did not act in bad faith when he conducted a pretrial survey in advance of a products liability trial. The ruling reverses a prior sanctions award levied against Brewer by a trial court.
“We appreciate the attention paid by the court on this important issue. The opinion validates what we have believed all along – that Bill and our law firm acted ethically at all times,” says Michael J. Collins, partner at Brewer. “This outcome underscores our commitment to the highest of ethical standards.”
Brewer was sanctioned by a trial court in 2014 in connection with a telephone survey that opposing counsel contended was a "push poll" meant to influence the jury.
However, the Texas Supreme Court's opinion, issued on April 24, 2020, states: "Though the survey Brewer commissioned is not without its faults, the evidence shows he undertook reasonable efforts to secure a third-party industry professional to create a relatively balanced public opinion survey for random administration."
“This is an important victory for every lawyer in Texas,” says Linda Eads, professor emerita, SMU Dedman School of Law, and counsel to the Brewer firm. “It provides protection from unreasonable sanctions imposed by a trial judge not based on facts and evidence.”
Professor Eads continued, “The opinion confirms the Brewer firm acted appropriately at all times, and the survey in question was balanced for random administration. In this instance, the court ruled decisively in favor of Bill and the firm, finding the ‘record bears no direct, or even circumstantial, evidence of bad faith.’”
Brewer, Attorneys & Counselors Recognized by Best Lawyers
Brewer, Attorneys & Counselors received recognition from U.S. News & World Report and Best Lawyers in the 2020 “Best Law Firms” rankings.
The list recognizes firms for professional excellence that have received impressive ratings from clients and peers. The firm’s Dallas and New York offices were recognized in the area of Commercial Litigation.
In addition, partner William A. Brewer III was recognized in Best Lawyers in the area of Commercial Litigation in both Dallas and New York.
The Best Lawyers in America recognizes the top 5% of practicing lawyers in the United States.
The 2020 rankings are based on law firm assessments completed by almost 16,000 lawyers and evaluations from more than 12,000 legal clients.
William Brewer Writes Commentary on Crisis Management in Texas Lawyer
Partner William A. Brewer III wrote a commentary published in Texas Lawyer titled “Advocacy is Art: Lawyers Must Engage in Issues and Crisis Management” on May 6, 2019. Brewer writes about the need for lawyers to engage in effective advocacy outside of the courtroom in the “court of public opinion.” He writes that “The fusion of legal and communications resources can produce more compelling, effective advocacy—enabling clients to favorably posture themselves, mitigate reputational damage and have a voice in the telling of the stories that define them.”
Brewer writes about how the firm launched an Issues & Crisis Management group in 2001. The group specializes in managing reputational issues for a broad range of clients. Brewer adds that, “Having crisis communications skill sets in-house provides law firms with invaluable expertise, perspective, and insight into the analysis of each client’s circumstances.”
Firm Named to 2019 Vault “Top 150 Under 150” List
Brewer, Attorneys & Counselors was named to the 2019 Vault “Top 150 Under 150” list of leading small and midsized law firms in the U.S. with 150 or fewer attorneys.
According to Vault, the firms on the list are “known for providing top-notch service and delivering big results.” Vault developed the list of highly sought-after law firms after reviewing Vault survey data, news stories and legal publications.
The firm is described by Vault as “the type of high-powered, bet-the-bank commercial litigation firm you would see on prime time.” Vault is known for its influential rankings across many industries and professions.
Law360 Publishes Firm Commentary on Cannabis Industry
Partner William Brewer and Consultant Peter Schwartz wrote an expert analysis opinion piece published in Law360 on Dec. 3, 2018, titled “Jury Saves The Day in Misguided Cannabis Lawsuit,” about a lawsuit challenging the growing legal U.S. cannabis industry. They emphasized the need for attorneys to understand the legal and regulatory landscape of this booming industry.
The article cited a civil lawsuit brought by landowners in Rye, Colorado, against their neighbor, cannabis cultivator Camp Feel Good, claiming in part that their property was devalued by offensive odors. The landowners alleged a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Ultimately, a jury ruled in October in favor of the of the cannabis cultivator. However, the article noted that similar lawsuits are being filed.
“These legal issues bring the need for attorneys to be well-versed in the ever-expanding case law facing the cannabis industry,” Brewer and Schwartz wrote. “As barriers — economic, structural and legal — are interposed to thwart commerce, business owners and industry investors will need to unite behind advocates able to break them down.”
Partner Sarah Rogers Speaks at Columbia Law School
Brewer, Attorneys & Counselors Partner Sarah Rogers spoke on Tuesday, Oct. 23, at Columbia Law School on the topic of political violence and the legal landscape governing threats to speech. Ms. Rogers appeared with Harmeet Dhillon, a prominent California attorney.
The event was hosted by the Columbia Law School Federalist Society and featured discussion about the proper scope of constitutional and statutory protection of dissident political speech. Ms. Rogers earned her Juris Doctor degree from Columbia Law School.
Partner William Brewer Recognized by Best Lawyers
Brewer, Attorneys & Counselors Partner William A. Brewer III has been recognized in the 2019 edition of The Best Lawyers in America. The publication lists the top attorneys in key practice areas. Brewer is recognized in the area of Commercial Litigation in New York and Dallas. He has been recognized annually in this category since 2007.
Best Lawyers is known as the oldest and most respected peer review publication in the legal profession. The list of honorees is compiled using the results of peer review surveys that thousands of top lawyers confidentially complete to evaluate their peers. Best Lawyers aims to reflect the consensus opinion of leading lawyers about their peers’ professional abilities. The first edition of Best Lawyers was first published in 1983.
Svetlana Eisenberg to Join Firm as Partner
Svetlana M. Eisenberg is joining Brewer, Attorneys & Counselors as Partner in the New York office. She is an experienced litigator with substantial experience prosecuting investment fraud, defending allegations of securities fraud, and conducting corporate internal investigations.
Ms. Eisenberg previously worked as law clerk to the Hon. Michael E. Wiles, U.S. bankruptcy judge in the Southern District of New York, and was an Assistant U.S. Attorney, General Crimes Unit, District of New Jersey. Prior to that, she was Associate General Counsel to HSBC Holdings in New York, where she investigated potential violations of the Foreign Corrupt Practices Act. She began her legal career as an associate at Debevoise & Plimpton, LLP.
Fluent in Russian, Ms. Eisenberg earned her bachelor’s degree in International Relations from Bennington College and holds a J.D. from Georgetown University Law Center. While in law school, she was editor-in-chief of the Georgetown Law Journal Annual Review of Criminal Procedure and was awarded a Medal of Excellence from the American Bankruptcy Institute.