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New York Post Reports on Lawsuit Filed Against Uber on Behalf of Assault Victim

On October 31, 2020, the New York Post reported that Brewer, Attorneys & Counselors filed a lawsuit against Uber on behalf of its client, identified in court papers as "Jane Doe."

As the Post reports, Brewer's client alleges she was attacked by her Uber driver in 2018, during what she assumed would be a safe ride home. She alleges that the incident left her with a fractured shoulder, post-traumatic stress disorder and years of anxiety and depression.

The lawsuit, filed in Manhattan Federal Court, alleges that even though Uber has acknowledged that thousands of its female passengers have been sexually assaulted during rides, the company still fails to monitor its drivers with in-vehicle video or by checking when a driver deviates from an assigned route.

“It infuriates me. I don’t think they’re doing enough to protect women. Here they are promoting being a safe ride home," the woman told the Post, noting that she'd been an Uber VIP for five years. “I had no clue you would basically be on your own if this happens."

William A. Brewer III, partner at Brewer and counsel to "Jane Doe" said, "Uber knew that this car picked this woman up, they knew where the intended location was and they knew that this Uber driver stopped off route for 15 minutes. They knew it.

“They also know that thousands and thousands of women have been sexually assaulted before that night by their drivers, yet they’re advertising themselves as the safe alternative to a yellow cab or some other type of transit after dark,” he continued.

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News Release: Brewer, Attorneys & Counselors Names Cecelia L. Fanelli Partner and Expands Hospitality Practice

New York, NY… September 9, 2020 Brewer, Attorneys & Counselors announced the addition of veteran hospitality attorney Cecelia L. Fanelli as a Partner in the firm’s New York office.    

Fanelli is recognized as a leader in her field – achieving successful outcomes in some of the world’s most prominent hospitality cases. 

“Cecelia’s considerable experience and winning track record are a huge asset for our clients in the hospitality sector and beyond,” said firm partner William A. Brewer III. “We are pleased to welcome her to our firm – and eager to continue the growth and expansion of our hospitality practice group.”    

“This is an exciting time to join the Brewer firm – as it helps a growing roster of hospitality clients navigate unprecedented legal and business challenges,” Fanelli said. “The Brewer firm shares in my commitment to be at the leading edge of advocacy for owners, managers, and investors.”  

Fanelli has served as an arbitrator in high stakes matters, particularly in the hotel industry. Since 2011, Chambers USA has ranked her in the Leisure & Hospitality, Nationwide category.    

Her clients previously have included hotel owners, lenders, franchisees, franchisors, asset managers and management companies. Her successes include obtaining several multimillion-dollar recoveries in hotel industry and real estate litigation.    

Additionally, Fanelli is active in transactions relating to hotel assets, including the negotiation and drafting of management agreements.   

Fanelli has been named a Dean’s Distinguished Lecturer at the Cornell Hotel School. Fanelli received her Juris Doctor degree from Cornell Law School and a bachelor’s degree from the University of Pennsylvania. She was previously a Member at Eckert Seamans. 

Fanelli.jpg

Cecelia L. Fanelli

Partner

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Brewer, Attorneys & Counselors Joins Law Firm Antiracism Alliance

August 25, 2020 — Brewer, Attorneys & Counselors announced that the firm has joined the Law Firm Antiracism Alliance (LFAA). 

 The LFAA strives to create partnerships between the private bar with legal services organizations to amplify the voices of communities and individuals oppressed by racism. The LFAA aims to use the law as a vehicle to create change that helps communities of color and promotes racial equity. More than 260 law firms have joined the organization since its founding. To learn more, visit here.  

The Brewer firm has a long history of promoting civil rights and racial equality. The Brewer Storefront, the firm’s community service legal affiliate, has brought numerous successful Voting Rights Act lawsuits on behalf of African American and Latino voters across North Texas. As an example, the Storefront and its client, David Tyson, recently prevailed in a VRA lawsuit against the Richardson Independent School District. In 2001, the Brewer Foundation founded the Future Leaders Program, an academic and leadership development program that benefits minority children from urban communities within the Dallas Independent School District.     

“We are proud to join the antiracism alliance and promote its ideals at this critical time,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors. “We view our commitment to the alliance as an extension of our work to achieve justice for communities of color – through pro bono service and a commitment to urban education.”    

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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.’”

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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.

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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.”

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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.

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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.”

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