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.
Lake Highlands Advocate Profiles Pro Bono Work by William Brewer
The Lake Highlands Advocate published a profile on October 10, 2018, of Partner William Brewer and his pro bono work through the Brewer Storefront, the community service legal affiliate of the firm. The article noted that the Storefront has prevailed in many voting rights lawsuits.
Brewer also discussed the most recent voting rights lawsuit brought by the Storefront, challenging the at-large election system used to elected the Richardson Independent School District Board of Trustees in North Texas.
“Our track record is that we don’t bring cases just to harass,” Brewer told the Advocate. “We bring cases where we believe change is needed and because we’ve done legal factual research.”
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.
NYLJ Reports on Firm Representation of NRA at Hearing
The New York Law Journal reported that Brewer, Attorneys & Counselors Partner Sarah Rogers represented the NRA in arguments in federal court in New York on Sept. 10, 2018. The coverage appeared on the front page of the NYLJ print edition on Sept. 11, 2018, in an article titled, “NRA: Discovery Could Show State Coerced Companies Cut Ties.” The NRA alleges that the New York state Department of Financial Services (DFS) and Governor Andrew Cuomo 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.
The coverage noted that Rogers argued that a press release issued by the DFS included targeted language from DFS Superintendent Maria Vullo. Rogers reportedly argued that “Incurring the favor and disfavor of DFS is going to be very important to any insurer in New York.” Rogers additionally argued that the lawsuit is over state regulation the NRA argues will limit its advocacy efforts. She reportedly added that, “The NRA does not sue Governor Cuomo for criticizing it… What he can’t do is issue official regulatory directives.”
New York Law Journal Reports on Firm’s Advocacy for NRA
The New York Law Journal reports that the NRA submitted a new filing in federal court in New York on August 24, 2018, urging a federal judge to reject a motion by the state of New York to reject the organization’s lawsuit. The NRA 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.
The article quoted Partner William Brewer, lead attorney for the NRA in the matter. Brewer said of the state’s motion to dismiss that, “They created a narrative that they want to respond to with little or no resemblance to the complaint we actually brought that they seek to dismiss.”
“The NRA is not complaining about the fact that defendants seek to regulate insurance generally, or inquire about Carry Guard specifically,” Brewer added. “What the NRA is complaining about is that defendants are attempting to coerce insurance companies and banks to blacklist the NRA—to extinguish what are concededly lawful business relationships. And, at least in some instances, we already know they’ve been successful.”
Brewer also emphasized that, “Government officials have First Amendment rights too.” He added, “But when government officials use their position to coerce private actors, not persuade them, to adopt a particular point of view, that conduct is subject to strict scrutiny.”
The Wall Street Journal Reports on Firm Matter
Wall Street Journal Assistant Editorial Page Editor James Freeman wrote on August 27, 2018, about one of the firm’s current matters – the NRA’s lawsuit against New York Governor Andrew Cuomo and the state Department of Financial Services (DFS). The lawsuit alleges 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. Freeman writes that the ACLU sided with the NRA by filing an amicus brief in federal court in New York.
Freeman writes in part, “New York Governor Andrew Cuomo has earned a new opponent in his assault on liberties enumerated in the Bill of Rights. Better late than never, the American Civil Liberties Union is standing up against Mr. Cuomo’s abuse of the National Rifle Association. The happy result could be not just expanded liberty in New York but safer financial institutions as well.”
New York Law Journal Reports on ACLU’s Support of NRA’s Free Speech
The New York Law Journal reported on August 24, 2018 that the American Civil Liberties Union moved to file a brief opposing the state’s motion to dismiss the National Rifle Association’s lawsuit against New York Gov. Andrew Cuomo and the state’s top financial regulator. The firm is representing the NRA in the matter.
“If true, those allegations represent a blatant violation of the First Amendment,” the proposed brief [from the ACLU] said. “Although public officials are free to express their opinions and may condemn viewpoints or groups they view as inimical to public welfare, they cannot abuse their regulatory authority to retaliate against disfavored advocacy organizations and to impose burdens on those organizations’ ability to conduct lawful business.”
The article included comment from firm partner William Brewer.
“The ACLU’s amicus brief is testament to what we have contended all along—Gov. Cuomo and the DFS violated the First Amendment rights of the NRA,” Brewer said. “The ACLU is a leading voice on legal and constitutional issues, and we welcome their advocacy in this important case.”
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.