Partner William Brewer Writes about Home-Sharing Services in Hotel Business Review
Partner William Brewer wrote in Hotel Business Review about how home-sharing services are poised for growth, and the subsequent legal issues that homeowners in the business are facing. The Dec. 9, 2018, article is titled “More Than Just Hot ‘Air’: A Legal View of Short-Term Home-Sharing.” The article emphasizes that home-sharing has “sound legal footing” in the hospitality arena.
The article confronts the challenges faced by homeowners as urban and suburban communities attempt to regulate home-sharing activity. Brewer writes that, “These legal issues have brought the need for experienced attorneys, those well-versed in the ever-expanding caselaw and circumstances facing the hospitality industry. As artificial barriers – economic and even non-economic restrictions – are interposed to limit the use of their assets, homeowners will need to coalesce behind advocates able to break them down.”
Consultant Peter J. Schwartz contributed to the article.
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.”
Wall Street Journal Editorial Writer Endorses NRA Lawsuit
James Freeman, assistant editor of The Wall Street Journal editorial page, wrote an editorial on November 14, 2018, in support of the firm’s client, the National Rifle Association (NRA), in its First Amendment case against New York Gov. Andrew Cuomo and the New York State Department of Financial Services.
On November 6, 2018, Judge Thomas J. McAvoy upheld the NRA’s First Amendment freedom-of-speech claims – the crux of its complaint against the State of New York. The opinion piece, “The NRA Will Have Its Day in Court,” underscores the key themes of the NRA’s case and summarizes what has become one of the most closely-watched cases of its kind.
Freeman writes, “...no elected official in the country has more aggressively sought to limit free speech rights than Gov. Andrew Cuomo. Now he will have to answer for it in court.”
Freeman continues, “There is an enormous interest for all Americans in making sure that a politician like Mr. Cuomo cannot abuse his authority to silence law-abiding citizens with whom he disagrees.”
Reuters Columnist Writes About Firm’s Free Speech Advocacy for NRA
The Reuters legal writer Alison Frankel wrote an opinion piece on November 7, 2018 about the firm’s representation of the National Rifle Association (NRA). The piece, “In NRA v. NY, a Timely Reminder That Officials Can’t Use Their Power to Squelch Free Speech,” reports that a federal judge has upheld the NRA’s major First Amendment claims against New York Governor Andrew Cuomo and the New York State Department of Financial Services.
Frankel writes, “The National Rifle Association’s favorite part of the Bill of Rights is the Second Amendment, but it was the Constitution’s protection for free speech that kept alive the NRA’s lawsuit accusing top New York officials of pressuring insurers to ditch the gun rights group.” She adds, “To paraphrase the cliché, you can deplore what the NRA has to say but nevertheless defend its right to speak without government interference.”
The article quotes partner William Brewer, lead attorney for the NRA. He says the forward movement of this case upholds “basic First Amendment principles” and “marks a significant development for not only the NRA, but all advocacy groups engaged in political speech under the protections of the First Amendment.”
NYLJ Reports that NRA’s Lawsuit Against Gov. Cuomo Moves Forward
The New York Law Journal reports that a lawsuit brought by firm client the National Rifle Association (NRA) on First Amendment claims against New York Gov. Andrew Cuomo and the Department of Financial Services (DFS) will move forward. The November 6, 2018, article reports that “U.S. District Judge Thomas McAvoy of the Northern District of New York wrote in a lengthy decision that the NRA’s claims that actions by Cuomo and Department of Financial Services Superintendent Maria Vullo stifled its free speech were sufficient enough to be evaluated at trial.”
The highly-anticipated decision follows a hearing in Albany on September 10, 2018.
“This decision upholds not only the NRA’s First Amendment claims, but basic First Amendment principles,” said firm Partner William Brewer, lead attorney for the NRA in the matter. “The motion to dismiss was a misguided attempt to avoid addressing the substance of this case. As the court recognized, the NRA deserves its day in court – and we look forward to it. We are eager to proceed with discovery, which we believe will reveal more troubling facts about defendants’ abuse of state power to suppress opposing political views.”
Firm Represents Hotel Operator in Lawsuit Against Gansevoort Hotel Group, LLC
Brewer, Attorneys & Counselors announced that it has filed a lawsuit against Gansevoort Hotel Group, LLC (“Gansevoort”) on behalf of its client, the operator of Gansevoort Turks + Caicos, a Wymara Resort (the “Resort”). The lawsuit claims the Resort has been adversely impacted by Gansevoort’s failure to maintain and grow the Gansevoort hotel brand.
Filed in New York Supreme Court on October 26, 2018, by Wymara Ltd. and Wymara Developments Ltd. (together, “Operator”), the suit seeks declaratory relief to safeguard Operator’s significant financial investment in the Resort, as well as monetary damages to compensate it for the losses the Resort has incurred as a result of Gansevoort’s breaches of contract.
“Our client believes Gansevoort Hotel Group failed to meet its obligation to maintain the quality of the brand, leaving our client with significant damages,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for Operator. “In fact, our client’s resort is now one of only two Gansevoort-branded properties remaining in the world – and there are no plans to grow the brand in the future. Of course, this reality is a far cry from the promises made to our client – that Gansevoort would be a luxury brand.”
The New York Post reported on the lawsuit in an article dated Oct. 30, 2018, titled “Caribbean resort sues to get out of pact with ‘outdated’ Gansevoort Hotel.”
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.”