Dallas Morning News Watchdog Columnist Applauds Brewer Storefront TOMA Action
Dallas Morning News Watchdog Columnist Dave Lieber wrote a column, “Here’s How a Trustee Says School Boards Violate Texas Open Meetings Law,” dated August 3, 2018, that explores a newly filed Brewer Storefront Texas Open Meetings Act (TOMA) lawsuit. The column focuses on a lawsuit filed by Brewer Storefront, the firm’s community service legal affiliate, against Richardson Independent School District (RISD) and the RISD Board of Trustees.
In part, Lieber writes that the “12-page lawsuit is the most detailed explanation The Watchdog has seen for how a public government board can ignore the open meetings law.” He writes that the Brewer Storefront plaintiff is “showing leadership here by standing up to a widespread secretive culture that enables public officials to keep private what's supposed to be public.”
Lieber is a veteran Dallas/Fort Worth investigative journalist whose focuses on “exposing bad practices in business and government.”
National Review Columnist Endorses Firm’s New York Lawsuit on Behalf of NRA
Columnist David French published a commentary in the National Review, “To Limit the Second Amendment, New York Attacks the First,” dated August 7, 2018, that offers support of a lawsuit filed by the NRA against New York Governor Andrew Cuomo and the New York State Department of Financial Services (DFS). Brewer, Attorneys & Counselors represents the NRA in the matter.
The suit alleges that the state violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them to not do business with the NRA. French writes that Governor Cuomo has no right to threaten financial institutions that do business with the NRA.
French writes, “State officials have their own free-speech rights, yes, but those free-speech rights do not include the right to use express or implied threats to wield state power against disfavored viewpoints.” In comments directed at Cuomo, he wrote that “the instant that malice translates into state action aimed at speech is the instant the Constitution holds you to account.”
Albany Times Union Columnist Writes About Firm’s Case
Albany Times Union Columnist Chris Churchill wrote a column dated August 6, 2018, titled “Cuomo targets the NRA – and free speech” that refers to a lawsuit brought by the firm on behalf of the National Rifle Association (NRA) against New York Governor Andrew Cuomo and the state Department of Financial Services (DFS) and its Superintendent, Maria T. Vullo. The suit alleges that the state violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them not to do business with the NRA.
Churchill writes that Cuomo’s attack on the NRA “is more harmful to the First Amendment than the Second” Amendment because Cuomo has “essentially weaponized the state’s regulatory authorities to go after a political organization with which he disagrees.” Churchill also refers to the lawsuit alleging that Cuomo “is using the power of state government to pressure banks and insurance companies to stop doing business with the gun rights group.” Additionally, Churchill quotes directly from the lawsuit’s allegation that Cuomo is running a “blacklisting campaign.” He concludes that, “What Cuomo is doing – using the power of the state to target a political enemy – is tyrannical.”
NYLJ Reports on Firm’s Representation of NRA, Amended Complaint
The New York Law Journal reported on an amended complaint filed by Brewer, Attorneys & Counselors on behalf of the NRA against New York Governor Andrew Cuomo and the New York State Department of Financial Services (DFS). The front-page article, “NRA Claims Economic Hardship Fighting NY Insurance Regs,” dated August 1, 2018, reports that the complaint alleges that without injunctive relief, the NRA could be forced to cut services for its members. Partner William Brewer was quoted as stating that the NRA is “suffering setbacks” due to the state’s actions.
“The amended complaint raises concerns about the material impacts to the NRA as a result of the actions of Governor Cuomo and DFS,” Brewer said. “Our client is suffering setbacks with respect to the availability of insurance and banking services—as a result of a political and discriminatory campaign meant to coerce financial institutions to refrain from doing business with the NRA. The actions of defendants are a blatant attack on the First Amendment rights of our organization.”
The lawsuit was filed in May 2018, after the state advised insurers to cut ties with the NRA. The suit argues that the state violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them to not do business with the NRA.
Hamra Trust Sues Transamerica, Alleges Improper Universal Life Insurance Premium Increases
Brewer, Attorneys & Counselors, filed a lawsuit on July 19, 2018, against Transamerica Life Insurance Company (“Transamerica”) accusing it of improperly implementing a plan to increase premiums by 168 percent on a multimillion-dollar universal life insurance policy purchased nearly two decades ago. The suit was filed in the United States District Court for the Central District of California on behalf of Michael K. Hamra, trustee of the Sam F. Hamra, Jr. and June S. Hamra Irrevocable Trust (“the Trust”).
The lawsuit involves a “TransSurvivor” policy purchased by the Trust from Transamerica in 1999 on the lives of Sam and June Hamra. The policy includes a death benefit of $5,000,000. Over the years, the Trust paid, and continues to pay, millions of dollars in premiums for the policy. However, in a notice sent by Transamerica to the Trust and all other TransSurvivor policyholders in April 2018, Transamerica announced that it would implement a 39 percent monthly deduction rate (“MDR”) increase on the policy in each of the next three policy anniversary dates – on a compound basis. The increase translates to an extraordinary total increase of 168 percent, plaintiffs allege.
According to the complaint, Transamerica did not offer any contractual justification for the increase. The complaint alleges that Transamerica’s conduct violates the express language of the policy and the implied covenants of good faith and fair dealing, as well as California’s Unfair Competition Law.
“Sadly, Transamerica’s anti-consumer conduct continues unabated,” the complaint states. “Plaintiff’s insureds are now in their eighties and, due to age-related underwriting considerations, life insurance protection from other sources is either unavailable or prohibitively expensive. Therefore, Transamerica’s actions strip Plaintiff of any life insurance protection unless [the Trust] accedes to Transamerica’s improper demands.”
Lawsuit Claims Richardson ISD Trustees Violated Texas Open Meetings Act (TOMA)
Brewer Storefront filed a lawsuit on July 6, 2018, in Texas state court on behalf of plaintiff David Tyson, Jr. against the Richardson Independent School District (RISD) and the seven members of the RISD Board of Trustees, alleging that they have continuously and systematically violated the Texas Open Meetings Act (TOMA). The fundamental tenet of TOMA is that, except for certain narrowly construed exceptions, all meetings of a governmental body must be open to the public. However, the complaint states that, instead of conducting all meetings in public, the Board members are “coordinating a backroom consensus” outside the view of the public.
The lawsuit states that, over the last seven years alone, the Board has voted unanimously on the overwhelming majority of more than 500 votes, and alleges that the votes were not preceded by any meaningful discussions or deliberations at the meetings at which the votes occurred. According to the complaint, plaintiff requests that all actions taken in violation of TOMA be declared void.
“Our client believes that Richardson ISD trustees are not being fully transparent about the operations of the school district,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff David Tyson. “Through its alleged violations of the Texas Open Meetings Act, the Board has deprived the citizens of Richardson of the right to know how the Board reaches its decisions – and denied them their lawful right to participate in the democratic process.”
An article in The Dallas Morning News, dated July 10, 2018, reports on the lawsuit and its significance to the local community. The Lake Highlands Advocate also reported on the filing.
Partner William Brewer Writes on Associate Compensation Practices in Law360
Partner William Brewer recently wrote an op-ed about legal industry compensation practices published by Law360. Titled “BigLaw’s Associate Salary Model is a Relic of a Bygone Era,” the commentary states that the traditional model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve.
“The BigLaw formula is broken – a relic of the out-of-touch apprenticeship model of a bygone era,” writes Brewer. “The reality is there should be a direct correlation between base compensation earned and the value an attorney provides to a firm and its clients.”
The article provides insights into the meritocracy system adopted by Brewer, Attorneys & Counselors – a model that rewards employees based on the value of their contributions. The article also discusses the firm’s multi-disciplinary practice, which employs professionals with backgrounds in business, investigations, computer science, and public relations.
National Review Piece Expresses Support of Firm Lawsuit
A commentary written by R.J. Lehmann published in the National Review on June 4, 2018, titled “New York’s Assault on the NRA Sets a Dangerous Precedent” expresses support for a lawsuit filed by the firm. The firm is representing the National Rifle Association (NRA) in a lawsuit filed against New York Governor Andrew Cuomo and the state Department of Financial Services (DFS) and its Superintendent, Maria T. Vullo.
The suit alleges that the state violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them to not do business with the NRA. Lehmann writes that the DFS’ “behavior sets a dangerous precedent that should trouble citizens across the political spectrum.”
He adds: “Seeing regulators open this Pandora’s box should be deeply concerning to those on both the right and the left. One easily could imagine similar motivated prosecutions of financial-services firms that do business with Planned Parenthood, tobacco companies, tech firms, the solar industry, or even the political campaigns of rival parties. The precedent set by these blatantly political regulatory actions undermines not only the insurance market, but the rule of law.”