Brewer Client NRA Takes Step Forward in New York Lawsuit
An article from the New York Law Journal, “NRA Could Obtain Internal State Documents in Lawsuit Against Cuomo, DFS, After US Judge’s Review,” dated August 9, 2019, reports that a “series of documents that state officials from New York have wanted to withhold from the National Rifle Association in its lawsuit against Gov. Andrew Cuomo and a state agency will be reviewed by a federal judge in the coming weeks and could ultimately be disclosed to the gun lobby group.”
“For months, Gov. Cuomo and DFS have tried to conceal from the public, and the court, documents demonstrating the state’s internal rationale for its blacklisting campaign against the NRA,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “The NRA will aggressively pursue all the facts and press every advantage in this important advocacy.”
Brewer added, “This decision is a positive development for the NRA and its millions of members.”
The article states that the NRA is suing Cuomo, the Department of Financial Services and its former Superintendent Maria Vullo over claims that they “deliberately infringed on the group’s First Amendment rights through state actions.”
Dallas Morning News Reports on High-Profile Real Estate Lawsuit
Brewer, Attorneys & Counselors announced the filing of a lawsuit on June 18, 2019, on behalf of its client, Megatel Homes, against United Development Funding and Centurion American Development Group. Dallas Morning News Real Estate Editor Steve Brown wrote about the filing in an article titled, “Dallas builder Megatel seeks millions in damages from developer and finance firm.”
The lawsuit, which was filed in the 160th Judicial District Court in Dallas County, Texas, alleges that Megatel’s joint venture partners, UDF and Centurion, conspired to take advantage of Megatel. The lawsuit alleges breach of fiduciary duties and breach of good faith and fair dealing, among other claims.
"As alleged in the petition, our client believes that defendants conspired against their company to unfairly remove it from significant projects and to gain financial benefits to which defendants were not entitled," William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel for Megatel, said in a statement. Megatel is seeking more than $100 million.
The article reported that, “Among Megatel's charges is a claim that Centurion American sold homebuilding sites in its new communities that had been pledged to Megatel to other builders in order to raise cash.”
Megatel Homes was founded by brothers Zach and Aaron Ipour, and is a top-ten homebuilder in Dallas-Fort Worth.
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.”
Lawsuit Claims Frisco ISD Electoral System Violates Voting Rights Act of 1965
Brewer Storefront filed suit in federal court on April 16, 2019, on behalf of plaintiff Suresh Kumar against the Frisco Independent School District (FISD) and its trustees, alleging that the school district’s election system violates the Voting Rights Act of 1965 because it denies fair representation to voters of color.
Filed in the United States District Court for the Eastern District of Texas, Sherman Division, the lawsuit claims that the school district’s at-large voting system denies Asian, Hispanic and African American voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
Based on the district’s demographics, one would expect that an Asian, Latino, or African American school board member could be elected. Yet, all the school board trustees are white. Five Asian candidates and two Hispanic candidates have run unsuccessfully for the FISD board over the past four years. All seven of the candidates of color lost to a white opponent in those FISD board elections.
“Our client believes that this racially polarized suburban school district must adopt an electoral system that enables the participation of all voters,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Suresh Kumar. “The history of candidates of color running for the board and losing is dramatic support of our client’s belief that the voting scheme utilized by Frisco ISD unfairly denies people of color a fair opportunity to elect candidates of their choosing.”
Under the current electoral system, FISD’s seven school board members are elected at large. Candidates run for specific places but do not represent a specific geographic area. The lawsuit claims the at-large system allows white voters to vote as a bloc and deny political opportunity to voters of color.
Media outlets including The Dallas Morning News, Community Impact and Frisco Enterprise reported on the lawsuit.
Brewer Firm Announces Lawsuit Against Wafra
On April 11, 2019, Brewer, Attorneys & Counselors announced that it has filed an unlawful termination and age discrimination lawsuit on behalf of its client, Francis (“Frank”) Lively, against Wafra Investment Advisory Group, Inc. (“Wafra”) and its Chief Executive Officer Fawaz Al-Mubaraki (collectively, “Defendants”). The lawsuit alleges that Lively, a successful 64-year-old real estate executive, was terminated as part of an unlawful discrimination and retaliation campaign directed against elder employees at Wafra. That same day, Bloomberg reported, “Former Wafra Real Estate Head Sues Over Age Discrimination.”
Please find the press release here, summarizing some of the key claims and allegations. The advisory also includes a comment on behalf of plaintiff, Mr. Lively, from William Brewer.
NRA Allowed to Depose Former DFS Superintendent - New York Law Journal
The New York Law Journal reports that the National Rifle Association will be allowed to depose former New York Department of Financial Services Superintendent Maria Vullo in the group’s lawsuit against the state over what it has argued was a violation of its free speech rights and selective enforcement of the state’s insurance regulations. The article, “NRA Allowed to Depose Former DFS Superintendent Vullo in Lawsuit Against NY,” explained that the decision from U.S. Magistrate Judge Christian Hummel is significant. The article states, “It’s rare that high-ranking state or federal officials are required to testify as part of any litigation. They’re often granted immunity from testimony as a high-ranking government official.”
“Today’s ruling is gratifying, and correct. As the head of a major financial regulator, Ms. Vullo singled out the NRA to suppress its speech. She should answer questions regarding this conduct,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “This is a significant development for the advocacy of the NRA. We are anxious to discover all the facts and bring them into open view—to the benefit of the Association and the First Amendment.”
DMN Columnist Quotes Partner on Importance of the Texas Open Meetings Act (TOMA)
Dallas Morning News Watchdog Columnist Dave Lieber quoted Partner William Brewer in a column that appeared on the front page of the March 15, 2019 Metro Section print edition of the newspaper. The column was critical of a recent Texas Court of Criminal Appeals decision striking down a key provision of the Texas Open Meetings Act (TOMA) that outlaws “walking quorums.”
Such walking quorums occur when a governing body meets in a smaller group to avoid a quorum and deliberates on future actions in secret, thus circumventing the TOMA requirement that meetings that constitute a quorum must be held in public. The Storefront, the firm’s pro bono community service affiliate, has previously brought lawsuits under this provision.
Additionally, the column highlighted that Brewer has sued several local school districts over voting rights and also has brought lawsuits over open meetings violations.
Brewer discussed the importance of open government: "People act better when they include all points of view, and they have to make a decision out in the open,” he said. “Government works better in the cleansing light of these sunshine laws.”
Lawsuit Claims Lewisville ISD Electoral System Violates Voting Rights Act of 1965
Brewer Storefront filed suit in federal court on February 12, 2019, on behalf of plaintiff Frank Vaughan, against the Lewisville Independent School District (LISD) and its trustees, alleging that the school district’s election system violates the Voting Rights Act of 1965.
Filed in the United States District Court for the Eastern District of Texas, Sherman Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic, African American 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.
The lawsuit alleges that, based on the district’s demographics, one would expect that a Latino, African American or Asian school board member could be elected. Yet, all seven school board members are white.
“Our client believes the voting scheme utilized by Lewisville ISD unfairly denies people of color a fair opportunity to elect candidates of their choosing – trustees that represent their interests, schools and communities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Frank Vaughan. “We believe the school board should adopt a more representative electoral process to serve this multiracial and ethnically diverse school district.”
The Dallas Morning News published an article about the lawsuit on the front page of the newspaper’s print edition on February 13. Other local media outlets reported on the lawsuit, including Community Impact and The Cross Timbers Gazette.