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Brewer Client NRA Sues New York Governor Andrew Cuomo, New York State Department of Financial Services Over Alleged Attack on First Amendment Rights

Brewer, Attorneys & Counselors is representing The National Rifle Association of America (“NRA”) in a lawsuit against the New York State Department of Financial Services (“DFS”), New York Governor Andrew Cuomo, and DFS Superintendent Maria T. Vullo alleging violations of the NRA’s First Amendment rights. 

Filed on May 11, 2018, in the United States District Court for the Northern District of New York, the lawsuit claims that Cuomo, Vullo, and DFS engaged in a “campaign of selective prosecution, backroom exhortations, and public threats” designed to coerce banks and insurance companies to withhold services from the NRA. The NRA argues that such tactics vastly overstep DFS’s regulatory mandate, and seek to suppress the speech of Second Amendment supporters and retaliate against the NRA and others for their political advocacy. The lawsuit seeks millions of dollars in damages to redress harms inflicted by the DFS campaign. 

“Political differences aside, our client believes the tactics employed by these public officials are aimed to deprive the NRA of its First Amendment right to speak freely about gun-related issues and in defense of the Second Amendment,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. “We believe these actions are outside the authority of DFS and fail to honor the principles which require public officials to protect the constitutional rights of all citizens.” 

ReutersInsurance Journal, and other media outlets reported on the lawsuit.

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Kansas City Star Reports on Firm Client NRA

The Kansas City Star reported on Brewer, Attorneys & Counselors’ representation of the National Rifle Association (NRA) in a lawsuit against insurance broker Lockton Companies, alleging that Lockton breached its contract to administer the NRA Carry Guard insurance program for the association. The article titled “Months after getting out of NRA insurance business, headaches pile up for Lockton,” is dated May 7, 2018. 

"The NRA believes that Lockton violated its fiduciary obligations – to the detriment of the organization, insurance program it was entrusted to run, and the policyholders who obtained protections by those insurance products," firm partner William A. Brewer III told the Star. "For almost 20 years, the NRA relied on Lockton as the subject-matter expert with respect to various insurance products that were offered to NRA members and other law-abiding gun owners."

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Firm Client NRA Sues Insurance Broker

Brewer, Attorneys & Counselors represents the National Rifle Association (NRA) in a lawsuit against insurance broker Lockton Companies, alleging that Lockton breached its contract with the NRA in connection with the NRA Carry Guard insurance program. 

The Wall Street Journal first reported on the lawsuit in an article, “National Rifle Association Sues Its Insurance Broker,” dated May 4, 2018. The lawsuit against Lockton was filed in federal court on May 4 in northern Virginia. According to press reports, Lockton was fined $7 million by New York regulators and agreed to no longer provide various insurance programs in New York. 

Bloomberg News also reported on the filing and quoted the complaint: “In the face of this politically motivated coercion, Lockton should have honored its fiduciary obligations and longstanding business relationship with the NRA and taken full responsibility for any compliance related concerns…Simply put, Lockton ceased to protect the NRA and its interests.” 

Bloomberg quoted firm partner William A. Brewer III on the lawsuit. 

“The NRA will take appropriate steps to make sure law-abiding gun owners in New York and across the country have access to the insurance coverage they need,” Brewer told Bloomberg News. “Such actions unduly burden the free market system and impact law-abiding members of the NRA.”

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LEAF Academy Students Crowned Champion of International Public Policy Forum Debate Contest

A team of students from LEAF Academy of Bratislava, Slovakia, bested a field of high schools from around the globe on Saturday, April 21, winning the 17th Annual Brewer Foundation/New York University International Public Policy Forum (IPPF) debate competition and a $10,000 grand prize. The final debate was held at The Harold Pratt House in New York City.

The IPPF is the first and only competition that gives high school students the opportunity to engage in written and oral debates on issues of public policy.

The teams that competed at the IPPF Finals were the final “Elite Eight” teams to emerge from a field that began with 161 teams representing high schools in 17 countries and 30 U.S. states. The teams debated the IPPF topic: “Resolved: International climate accords for greenhouse gas emissions should adopt binding enforcement mechanisms.”

"These student debaters put in months of hard work to achieve the title of IPPF World Champion," said William A. Brewer III, partner at Brewer, Attorneys & Counselors and founder of the IPPF. "They impressed the judges with their superior research, writing and advocacy skills.”

The runner-up team from William Mason High School of Mason, Ohio, receives a $3,500 prize. 

For more information about the competition, go to www.ippfdebate.com

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Richardson ISD Slaps Back At Ex-Trustee Who Filed Voting Rights Suit, Says System Isn't Broken

The Dallas Morning News columnist James Ragland reported on March 12, 2018, "Richardson ISD, you’re on the wrong side of this lawsuit." The column explores a voting rights lawsuit filed recently by the Brewer Storefront against Richardson ISD. The column observes, "When the only minority trustee who has ever been elected tells you that the system is broken and that minority parents feel disengaged, and when the system isn't working out well for students of color, 'That should be reason enough to get to the table,' said firm partner William A. Brewer III." 

Ragland interviewed Carrollton-Farmers Branch ISD board member Candace Valenzuela, who became the first Latina and African-American female elected to that board following a previous Brewer Storefront lawsuit against that district that resulted in a successful settlement. Valenzuela commented, "People don't understand that voting is a feedback loop, meaning that if you're in a group that's been disproportionately underrepresented, it discourages participation... By facilitating for the community, you're going to get a lot more participation." 

https://www.dallasnews.com/opinion/commentary/2018/03/09/richardson-isd-slaps-back-ex-trustee-filed-voting-rights-lawsuit-says-system-isnt-broken

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William A. Brewer III to Present at HAMA Spring Conference

Firm Partner William Brewer is scheduled to present at the HAMA (Hospitality Asset Managers Association) Spring 2018 conference, scheduled for April 12-13, 2018, in Leesburg, Virginia. Mr. Brewer will be a featured speaker on the topic of Franchise and Management Agreements – scheduled for 11:15 a.m. on Friday, April 13. 

His topic will address the following issues: When the market shifts, there are winners and losers. It’s important to know how to realistically protect your investment. What are today’s issues at the negotiation table and how can owners leverage their negotiating power? 

Please visit the conference website to register and learn more: http://www.hamagroup.org/. HAMA is considered the "pre-eminent organization of professionals responsible proactively increasing asset values on behalf of hotel owners worldwide."

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William Brewer to Speak at 2018 NYU Hospitality Conference

Firm partner William Brewer is scheduled to present at the 2018 NYU International Hospitality Industry Investment Conference, scheduled for June 3 – 5, 2018, at the New York Marriott Marquis hotel in New York City. Mr. Brewer will be a featured panelist on the topic, “Latest from the Front Line: Hot-Button Issues on Franchise and Management Agreements.” The panel discussion will explore the increasingly complex regulatory environment for franchises, and the increasingly competitive landscape for hotel managers. What are today’s big issues when everyone sits at the table to negotiate the contracts? Where can managers and franchisors flex, and how can owners better understand and leverage their negotiating power? 

Please visit the conference website to register and learn more: http://www.sps.nyu.edu/academics/departments/tisch/conferences-events/ihii-conference.html

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Storefront Lawsuit Claims Richardson ISD Electoral System Violates Voting Rights Act

Brewer Storefront filed suit in federal court on January 26, 2018, on behalf of plaintiff David Tyson, Jr. against the Richardson Independent School District (RISD), alleging that the school district’s election system violates the Voting Rights Act of 1965 because it denies fair representation to African Americans and other non-white voters. Filed in the U.S. District Court for the Northern District of Texas, Dallas Division, the lawsuit claims that the school district’s at-large voting system denies African American, Latino and Asian voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.

“Many in the community – our client included – believe that Richardson ISD is unfairly denying people of color an equal opportunity to participate in the electoral process,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiffDavid Tyson. “Our hope is that the school board’s leadership will recognize its responsibility to embrace a more inclusive future – one that provides representation for this multiracial and ethnically diverse school district.” 

KERA News reported on the lawsuit, and The Dallas Morning News also published a front page article about the case, and Fox 4 Dallas aired a TV report on the lawsuit.

Dallas Morning News Columnist James Ragland also wrote favorably about the case in a column titled, "It's time to change how Richardson ISD elects its trustees, and David Tyson is the man to do it."

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