New York Post Reports on Lawsuit Filed Against Uber on Behalf of Assault Victim
On October 31, 2020, the New York Post reported that Brewer, Attorneys & Counselors filed a lawsuit against Uber on behalf of its client, identified in court papers as "Jane Doe."
As the Post reports, Brewer's client alleges she was attacked by her Uber driver in 2018, during what she assumed would be a safe ride home. She alleges that the incident left her with a fractured shoulder, post-traumatic stress disorder and years of anxiety and depression.
The lawsuit, filed in Manhattan Federal Court, alleges that even though Uber has acknowledged that thousands of its female passengers have been sexually assaulted during rides, the company still fails to monitor its drivers with in-vehicle video or by checking when a driver deviates from an assigned route.
“It infuriates me. I don’t think they’re doing enough to protect women. Here they are promoting being a safe ride home," the woman told the Post, noting that she'd been an Uber VIP for five years. “I had no clue you would basically be on your own if this happens."
William A. Brewer III, partner at Brewer and counsel to "Jane Doe" said, "Uber knew that this car picked this woman up, they knew where the intended location was and they knew that this Uber driver stopped off route for 15 minutes. They knew it.
“They also know that thousands and thousands of women have been sexually assaulted before that night by their drivers, yet they’re advertising themselves as the safe alternative to a yellow cab or some other type of transit after dark,” he continued.
The National Law Journal Reports NRA's Claims Against Winston & Strawn Can Proceed
On October 23, 2020, The National Law Journal reported that Brewer, Attorneys & Counselors’ client, the NRA, can move forward with part of its lawsuit against Winston & Strawn.
According to the report, "Judge Robert Rigsby, of the District of Columbia Superior Court, said the NRA had 'sufficiently stated' a claim against Winston & Strawn for unjust enrichment, after an email allegedly revealed a Winston partner’s undisclosed ties to a neutral in an arbitration."
The lawsuit, filed July 29, 2020, in the Superior Court of the District of Columbia, alleges that in a recent arbitration, the NRA discovered on the eve of the final hearing that the arbitrator, Judge Richard Neville, was conducting a secret email discussion group – participated in by a senior partner of opposing counsel, Winston – where lurid white nationalist propaganda was shared and promoted. The communications revealed that Judge Neville shared a close, undisclosed relationship with Winston Partner Terry Grimm, according to the NRA. The NRA brought the action to recover amounts expended during the corrupted arbitration proceeding, and to uncover facts about the extent of the bias that tainted the proceeding.
“We appreciate the prompt attention of the court—and look forward to bringing the facts regarding Winston & Strawn’s undisclosed relationship with Judge Neville into full public view,” William A. Brewer III, partner at Brewer and counsel to the NRA, said in a statement. “This is a disturbing record. There should be no place in the legal profession that tolerates such racist communications—or which turns a blind eye to the principles that govern the sanctity of the arbitration process.”
Brewer Foundation Hosts FLP COVID-19 Care Package Giveaway
October 20, 2020 - The Brewer Foundation will host its first COVID-19 Care Package giveaway on Saturday, October 24, 2020. Future Leaders Program (FLP) staff and faculty will hand out packages to participating students that include an FLP face mask, hand sanitizer, canned goods and other items.
Founded in 2001, the FLP is an academic and leadership development program that serves deserving students from the Dallas Independent School District (DISD). The program provides academic resources and leadership development training to select students, ages 14-18, from economically challenged neighborhoods. Students are chosen for the FLP based on their scholastic aptitude, school attendance, civic involvement, and leadership potential.
A national model of public-private partnership, FLP classes typically take place on the campuses of the program's private school partners – St. Mark's School of Texas, Greenhill School, The Hockaday School and Episcopal School of Dallas. However, due to COVID-19, classes are currently taking place virtually.
News Release: Brewer, Attorneys & Counselors Names Cecelia L. Fanelli Partner and Expands Hospitality Practice
New York, NY… September 9, 2020 – Brewer, Attorneys & Counselors announced the addition of veteran hospitality attorney Cecelia L. Fanelli as a Partner in the firm’s New York office.
Fanelli is recognized as a leader in her field – achieving successful outcomes in some of the world’s most prominent hospitality cases.
“Cecelia’s considerable experience and winning track record are a huge asset for our clients in the hospitality sector and beyond,” said firm partner William A. Brewer III. “We are pleased to welcome her to our firm – and eager to continue the growth and expansion of our hospitality practice group.”
“This is an exciting time to join the Brewer firm – as it helps a growing roster of hospitality clients navigate unprecedented legal and business challenges,” Fanelli said. “The Brewer firm shares in my commitment to be at the leading edge of advocacy for owners, managers, and investors.”
Fanelli has served as an arbitrator in high stakes matters, particularly in the hotel industry. Since 2011, Chambers USA has ranked her in the Leisure & Hospitality, Nationwide category.
Her clients previously have included hotel owners, lenders, franchisees, franchisors, asset managers and management companies. Her successes include obtaining several multimillion-dollar recoveries in hotel industry and real estate litigation.
Additionally, Fanelli is active in transactions relating to hotel assets, including the negotiation and drafting of management agreements.
Fanelli has been named a Dean’s Distinguished Lecturer at the Cornell Hotel School. Fanelli received her Juris Doctor degree from Cornell Law School and a bachelor’s degree from the University of Pennsylvania. She was previously a Member at Eckert Seamans.
Cecelia L. Fanelli
Partner
ACLU Backs Brewer Client NRA After New York AG's Action
August 26, 2020 – The American Civil Liberties Union (ACLU) is backing Brewer, Attorneys & Counselors client the National Rifle Association (NRA) as New York Attorney General (NYAG) Letitia James attempts to dissolve the organization.
ACLU National Legal Director David Cole wrote a commentary published in The Wall Street Journal titled, “The NRA Has a Right to Exist: New York Attorney General Letitia James’ attempt to dissolve the 150-year-old organization is unconstitutional government overreach."
Cole writes that, “Our democracy is premised on the right of association. The First Amendment protects not only the right to speak, but also to band together with others to advance one’s views. Making or resisting change in a democracy requires collective action, and a healthy democracy therefore demands a robust ‘civil society.’ The right to associate can’t survive if officials can shut down organizations with which they disagree.”
Cole points out that the NRA’s lengthy history includes “a range of lawful and properly tax-exempt pursuits” – including teaching gun safety, educating the public and lobbying for gun rights laws.
He also observed that two years ago, the ACLU supported the NRA’s lawsuit against New York Governor Andrew Cuomo charging that he had violated the group’s First Amendment rights. Read more.
Brewer, Attorneys & Counselors Joins Law Firm Antiracism Alliance
August 25, 2020 — Brewer, Attorneys & Counselors announced that the firm has joined the Law Firm Antiracism Alliance (LFAA).
The LFAA strives to create partnerships between the private bar with legal services organizations to amplify the voices of communities and individuals oppressed by racism. The LFAA aims to use the law as a vehicle to create change that helps communities of color and promotes racial equity. More than 260 law firms have joined the organization since its founding. To learn more, visit here.
The Brewer firm has a long history of promoting civil rights and racial equality. The Brewer Storefront, the firm’s community service legal affiliate, has brought numerous successful Voting Rights Act lawsuits on behalf of African American and Latino voters across North Texas. As an example, the Storefront and its client, David Tyson, recently prevailed in a VRA lawsuit against the Richardson Independent School District. In 2001, the Brewer Foundation founded the Future Leaders Program, an academic and leadership development program that benefits minority children from urban communities within the Dallas Independent School District.
“We are proud to join the antiracism alliance and promote its ideals at this critical time,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors. “We view our commitment to the alliance as an extension of our work to achieve justice for communities of color – through pro bono service and a commitment to urban education.”
Arkansas AG Condemns Attack on NRA, Praises NRA Legal Strategy
NBC News
Arkansas Attorney General Leslie Rutledge issued a commentary today condemning a lawsuit filed by New York Attorney General Letitia James against Brewer client, the National Rifle Association (NRA). The commentary, “Guns, The NRA and the Second Amendment are Under Assault from the Left,” dated August 21, 2020, exposes the political motivations behind the James complaint.
Rutledge writes, “Just three months before a presidential election, New York Attorney General Letitia James has filed suit against the NRA and several members of its leadership, seeking to have the gun rights organization dissolved. This lawsuit, filed in New York state court, is the apex of a longstanding feud between the NRA and the Democratic state attorney general. James attacked the NRA while she was a candidate for attorney general, calling it a 'terrorist organization' and a 'criminal enterprise.'”
The Arkansas AG credits the NRA – “a “good defender of freedom” – for confronting the James attack.
Rutledge writes, “…like any good defender of freedom, the NRA is fighting back. The same day New York filed its state suit, the NRA filed its own lawsuit in federal court, pointing to then-candidate James’ campaign promise to ‘take on the NRA’ if elected. The NRA claims that James’ lawsuit is nothing more than a politically motivated stunt to deliver on that promise — not a response to any real fraud.”
She continues, “The NRA’s lawsuit is based on the First Amendment and similar New York state law. The NRA argues that it is being targeted for its pro-Second Amendment advocacy and that James’ request to dissolve the NRA is nothing more than an attempt to silence political speech.”
Read the editorial [here.]
The Hill Publishes Editorial Critical of the New York Attorney General's Lawsuit Against NRA
On August 8, 2020, The Hill published an editorial regarding the dissolution lawsuit that New York Attorney General Letitia James filed against Brewer's client, the NRA.
Written by George Washington University Professor of Public Interest Law Jonathan Turley, the editorial, titled "The Tragic Irony of the New York State Lawsuit Against the NRA," is critical of James for "politicizing her office." It notes that she referred to the NRA as a “terrorist organization" -- an act, he states, of "legal trolling."
Turley writes, "That is what makes the NRA complaint so tragically ironic: If using power to benefit yourself rather than your organization is the measure, James’s complaint is a self-indictment. Her demand to dissolve the NRA undermines the case presented by her office, in order to pander to voters. While dissolution is absurd, James has shown that absurdity and popularity often go hand-in-hand in New York politics."
Turley further states, "Trying to dissolve or criminalize an organization engaged in the exercise of political speech should not occur absent overwhelming proof that it is a criminal enterprise."