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The Hill Reports on NRA Countersuit Against New York Attorney General Letitia James

On February 24, 2021, The Hill reported that firm client, the National Rifle Association of America (NRA), filed a counter lawsuit against New York Attorney General Letitia James accusing her of "weaponizing" her power against the group.

Filed in the New York Supreme Court, the legal filing states, “James’s threatened, and actual, regulatory and civil reprisals are a blatant and malicious retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech. This wrongful conduct threatens to destroy the NRA and chill the speech of the NRA, its members, and other constituents, including like-minded groups and their members.”

William Brewer, counsel to the NRA, told The Hill in a statement that the group believes "the NYAG’s actions are retaliatory and reflect ‘selective use’ of regulatory oversight against the Association in violation of constitutional rights."

"The NRA will continue to confront the NYAG’s weaponization of power – to the benefit of the Association, its millions of members, and all who believe in constitutional freedom," Brewer said.

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The New York Times Reports the NRA Intends to Reincorporate in Texas

On January 15, 2020, The New York Times reported that the National Rifle Association of America (NRA) plans to reincorporate in Texas and has filed for bankruptcy protection.

According to the report, the NRA is seeking to "circumvent New York's legal jurisdiction" after New York Attorney General Letitia James filed a lawsuit in August 2020 seeking to dissolve the Association.

 “Under this plan, the Association wisely seeks protection from New York officials who it believes have illegally weaponized their powers against the NRA and its members,” William A. Brewer III, the NRA’s lead outside attorney, told the Times.

The article notes that NRA CEO and EVP Wayne LaPierre says the plan "represents a pathway to opportunity, growth and progress."

“Obviously, an important part of this plan is ‘dumping New York,’” LaPierre added. “The NRA is pursuing reincorporating in a state that values the contributions of the NRA, celebrates our law-abiding members, and will join us as a partner in upholding constitutional freedom. This is a transformational moment in the history of the NRA.” 

Texas Governor Greg Abbott hailed the NRA news, tweeting:  “Welcome to Texas – a state that safeguards the Second Amendment.”

Additional information about the NRA's plan to reincorporate in Texas can be found at www.nraforward.org

Read more from The Times here.

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Washington Post: Republican Attorneys General Back NRA in Fight Against New York Effort to Dissolve Gun Rights Group

On December 22, 2020, The Washington Post reported that 16 attorneys general filed an amicus brief in support of a lawsuit by the National Rifle Association of America (NRA) against New York Attorney General (NYAG) Letitia James. 

“The New York Attorney General cannot be allowed to wield the power of her office to discriminate against the NRA simply because she does not like its members’ political views, advocacy or defense of a constitutional right,” the GOP attorneys general said in the brief, which was led by Arkansas Attorney General Leslie Rutledge.

In August, Brewer client, the NRA, filed a lawsuit that alleges that the NYAG weaponized her regulatory and legal powers to harm a political adversary. The lawsuit notes that James vowed to "target the NRA" and "investigate the legitimacy of the NRA as a charitable organization" while on the campaign trail in July 2018 – before taking office and without any evidence of compliance failures.

In November, NYAG James filed a motion to dismiss the lawsuit. On December 21, 2020, the NRA filed a memorandum of law in opposition to the motion to dismiss.

"In this filing, the NRA confronts the efforts of the New York Attorney General to avoid legal scrutiny for the obvious abuse of the powers of her office,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. "The NRA believes James' open hostility toward the Association and its law-abiding members is unconscionable. Courts have repeatedly held that the underlying chilling effects of conduct like James’ require judicial scrutiny."  

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San Francisco Hotel Owner Scores Early Wins Against Virgin Hotels, Lawsuit Proceeds to Trial

November 25, 2020 – Brewer, Attorneys & Counselors today announced two positive developments for its client, 250 Fourth Development L.P. (“Hotel Owner”), in its dispute with Virgin Hotels San Francisco (“Virgin Hotels”). In sum, the court issued two important decisions. First, the court overruled Virgin Hotels’ attempts to avoid having to face Hotel Owner’s claims against Virgin Hotels for damages done to the project before Owner terminated the management agreement. Second, on November 20, 2020, the court denied Virgin Hotels’ efforts to freeze more than $2 million of Hotel Owner’s property. The case now proceeds toward trial.

The underlying legal dispute began on May 6, 2020, when Virgin Hotels filed a lawsuit alleging the Hotel Owner’s termination of the Hotel Management Agreement (“HMA”) on April 8, 2020, violated that agreement. On July 16, 2020, the Hotel Owner filed its Original Cross-Complaint in the Superior Court of the State of California, County of San Francisco. A month later, on August 19, 2020, the Hotel Owner filed its First Amended Cross-Complaint, alleging that Virgin Hotels made numerous misrepresentations to Hotel Owner by, among other things, knowingly overstating Hotel gross revenues to inflate its management fee and misrepresenting bonus amounts due to Hotel employees. As a result of the alleged fraud and mismanagement, the Hotel Owner claims the loss of tens of millions of dollars in unrealized hotel profits and the lost value of the property.

In total, the Hotel Owner asserts five causes of action against Virgin Hotels, including breach of contract and fraud. Virgin Hotels demurred, or moved to dismiss, the claims. On October 30, 2020, the court entered an order overruling the demurer in its entirety, vindicating each and every one of the Hotel Owner’s claims. In so doing, the court noted that the First Amended Cross-Complaint “adequately pleads constructive fraud.”

“Our client is grateful that this case is moving forward and is eager to proceed to trial,” said William A. Brewer III, partner at Brewer and counsel to 250 Fourth Development, L.P. “For years, our client put faith in Virgin and its assurances that it was creating a first-class brand. Our client believes that not only has Virgin failed to create the ‘promised brand,’ it grossly mismanaged the San Francisco property in an effort to boost Virgin Hotels’ own bottom line.”

After failing to obtain dismissal of Hotel Owner’s claims, Virgin Hotels filed an application for a writ of attachment on Hotel Owner’s property – to secure what Virgin Hotels claimed was over $2 million in expenses that Virgin Hotels had either paid or was owed to third parties. On November 20, 2020, the court denied this request in its entirety.

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New York Law Journal: NRA Seeks to Move New York Attorney General's Lawsuit Out of New York

On November 13, 2020, the New York Law Journal reported that the NRA is "battling in court on two fronts to move a high-profile lawsuit brought by New York Attorney General Letitia James" out of New York City. 

The report states that the NRA, which is represented by Brewer, has asked the U.S. Judicial Panel on Multidistrict Litigation (MDL) to "send four federal lawsuits focused on its financial troubles to a courtroom in North Texas." 

The NYLJ reports that William A. Brewer III, counsel to the NRA, acknowledged that the request to move, among others, the lawsuit filed by James, is "a bit unusual." However, he contends that without an MDL, depositions in the various cases will be a "nightmare" for the NRA.

“This is not typical, but I don’t think it’s a stretch either,” Brewer said of his motion.

“We’re trying to make sure we get everything in the right forum,” he said. “We don’t have any concern with the venues for trial. It’s rather that the cases should be coordinated given the significant overlap in pretrial activities, so that the documents, the depositions and pretrial activities are available in all those cases.” 

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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.

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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.”

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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. 

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