Firm Adds Professionals to Dallas Office
January 10, 2022 - Brewer, Attorneys & Counselors recently announced the hiring of three new employees in the Dallas office.
Cory Ford joined the office as an associate. He received his Juris Doctor degree from the University of Miami School of Law and his bachelor’s degree in political science with a minor in business from Southern Methodist University. Prior to joining Brewer, Mr. Ford was a litigation associate at an AmLaw 100 firm representing national business entities in complex commercial disputes and catastrophic loss scenarios. During law school, he interned in the chambers of Chief Magistrate Judge John O’Sullivan in the U.S. District Court for the Southern District of Florida.
Brett Beaver joined the office as a consultant. He previously worked as a lead accountant for Pioneer Natural Resources in Irving and also previously was a senior auditor for Deloitte & Touche LLP in Fort Worth. He received a master’s degree in accounting from Texas Christian University (TCU) and a bachelor’s degree in sports management from Texas A&M University.
Randee Rogers joined the firm as a senior legal analyst. She previously worked as a senior litigation paralegal for Brackett & Ellis, P.C. Prior to that, she was a contract specialist and in-house paralegal for BNSF Railway. She received a paralegal certificate from the University of North Texas.
International Public Policy Forum Announces Top 32 Teams
January 3, 2022 - The Brewer Foundation / New York University International Public Policy Forum (IPPF) today announced the teams that will advance into the Top 32 round of the 2021-22 competition. Advancing teams will continue to debate the topic, "Resolved: On balance, the hegemony of the United States dollar is detrimental to the world economy."
Founded in 2001 by the Brewer Foundation, the IPPF is the first and only competition that gives students around the world the opportunity to engage in written and oral debates on issues of public policy. The contest is jointly administered by the Brewer Foundation and New York University, and available to all high school students for free.
The IPPF begins annually in October, as teams submit a 2,800-word qualifying round essay either affirming or negating the IPPF topic. Judges evaluate each essay, and the top 64 teams advance into a single-elimination, written debate competition.
In the top 64 round, schools volleyed papers back and forth via e-mail. Judges reviewed the essays in the order they were presented (affirmative constructive, negative constructive, affirmative rebuttal, negative rebuttal) and selected the advancing teams. The process will begin anew as the "Top 32" teams compete for their chance to advance to the "Sweet 16" round.
In March, the "Elite 8" teams will be announced. These teams win all-expenses-paid trips to New York City to compete during IPPF Finals Weekend, which begins April 29, 2022. During the finals, teams supplement their written advocacy with oral argumentation. The IPPF World Champion is awarded a $10,000 grand prize.
To view the list of advancing teams, click here.
Brewer Foundation Future Leaders Programs Hosts Holiday Gathering
On December 11, the Brewer Foundation Future Leaders Program (FLP) hosted a holiday gathering for its students and faculty at The Episcopal School of Dallas. In addition to enjoying a meal and gift exchange, students spoke with FLP Founder William A. Brewer III about their goals and plans for the future.
Founded in 2001, the FLP provides academic resources and leadership training to deserving students from the Dallas Independent School District (DISD). FLP classes are offered after school on the campuses of the program’s private school partners – The Hockaday School, St. Mark’s School of Texas, Greenhill School, and Episcopal School of Dallas. This public-private partnership is the only one of its kind in the state.
Brewer Foundation Announces 9/11 Memorial Lights Artwork, Participates in Video Tribute
New York, New York…November 24, 2021 – The Brewer Foundation announced that a special art project it commissioned to commemorate the 20th Anniversary of 9/11 will soon be on display at the 9/11 Memorial & Museum.
The sculpture piece, “YZKAR,” is a pair of bronze-cast lights created by artist Tobi Kahn from the last known pieces of steel recovered from Ground Zero in New York. The steel pieces were provided to the artist by The Port Authority/Metropolitan Transit Authority (MTA), in coordination with NYU President Emeritus John Sexton. The memorial lights were previously displayed at the Grey Art Gallery at New York University. YZKAR will be on view at the museum in early 2022.
A video celebrating this historic project can be viewed here: https://www.911memorial.org/connect/blog/gift-lights-tobi-kahns-yzkar.
“The memorial lights offer a tribute to the people whose lives we lost that day – and also represents a promise to never forget them,” says Brewer Foundation Chairman William A. Brewer III. “Working with Mr. Kahn and the many others who made this vision a reality, we believe this art inspires reflection and hope for generations to come.”
Each piece includes a vessel to hold a memorial light. The two pillars in each piece represent the Twin Towers, and the pieces are designed to be lit to commemorate the lives of the many people who were lost on 9/11. An upright, vertical piece represents individual lives lost and the second piece, which extends like an embrace, represents the communal loss.
“I want to thank all who made this work possible, including the Brewer Foundation,” says Kahn. “This work is based on what is the last known artifact from hallowed Ground Zero, honoring our collective sense of loss from the events of that day. This is among the most personal and meaningful projects in which I have ever been involved.”
In collaboration with Mr. Kahn, the Brewer Foundation will sponsor an educational curriculum around the pieces and the project, serving as a catalyst for conversation about the events of 9/11. A lecture series will be offered to the NYU community. The Brewer Foundation will also host an educational program for students from the Brewer Foundation Future Leaders Program, an academic and leadership development program that lights a path to college for students from Dallas’s urban community.
About The Brewer Foundation
The Brewer Foundation is a 501(c)(3) private foundation funded by the support of the Brewer Storefront; the generosity of the law firm Brewer, Attorneys & Counselors; and donor contributions. The Foundation supports a broad range of community initiatives, with a special emphasis on a growing array of educational programs. Among these are the Future Leaders Program (FLP), an academic and leadership development program that benefits minority youth, and the Brewer Foundation/New York University International Public Policy Forum (IPPF), a global debate contest for high school students. The Foundation has also partnered with leaders in numerous sectors to grow and support its mission.
About Tobi Kahn
Tobi Kahn is a painter and sculptor whose work has been shown in over 40 solo exhibitions and over 60 museum and group shows since he was selected as one of nine artists to be included in the 1985 Guggenheim Museum exhibition, New Horizons in American Art. Works by Kahn are in major museum, corporate, and private collections. For thirty years, Kahn has been steadfast in the pursuit of his distinct vision and persistent in his commitment to the redemptive possibilities of art.
New York Law Journal: NRA Files Motion to Dismiss New York AG's Lawsuit for Dissolution
On September 16, 2021, The New York Law Journal and other media outlets reported that firm client the National Rifle Association of America (NRA) has filed a Motion to Dismiss the New York Attorney General's (NYAG) Amended Complaint, filed on August 16, 2021. The Motion to Dismiss claims that the NYAG seeks to dissolve the NRA in an effort to "silence the constitutionally guaranteed political speech of its 5 million members."
“Since taking office in 2019, the Attorney General has ignored evidence that dissolution is improper and that the NRA Board of Directors acted appropriately at all times,” William Brewer, counsel to the NRA, told the Journal. “The NRA will continue to confront this partisan attack—in the interest of its members and the Second Amendment freedom for which they stand.”
The NYAG's office initially filed its dissolution lawsuit in August 2020, claiming that the NRA misused funds for the personal gain of its top executives. In its Motion to Dismiss, the NRA argues that "[e]ven if the allegations against current and former executives are taken as true (as they must be, for purposes of this Motion), the NRA and its Board would be the victims of the alleged wrongdoing—not perpetrators."
The Motion to Dismiss also notes that a "federal bankruptcy court found after a review of voluminous evidence, that the NRA has undertaken a sustained effort to improve its internal compliance procedures and is in position to continue fulfilling its mission."
“The Texas federal court expressly concluded that the NRA is well-placed to continue improving governance and internal controls and to fulfill its mission, as it has since its whistleblowers came forward,” Brewer wrote. “These findings comprehensively undermine the NYAG’s contrived narrative of an organization rife with corruption that is unable to reform itself and that must, therefore, be dissolved.”
William Brewer Recognized by Best Lawyers
August 19, 2021 – Brewer, Attorneys & Counselors announced that Partner William Brewer received recognition in the 28th edition of “The Best Lawyers in America.”
Brewer is recognized for professional excellence in the area of commercial litigation in New York and Dallas. Brewer 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. First published in 1983, Best Lawyers aims to reflect the consensus opinion of leading lawyers about their peers’ professional abilities within the same geographical area and legal practice area.
The recognition process begins with a nomination, followed by peer review, analysis of feedback, eligibility feedback, and then announcement of results. As part of the peer review voting stage, ballots are distributed to listed lawyers. Best Lawyers asks voters the question, “If you were unable to take a case yourself, how likely would you be to refer it to this nominee?” Nominees are then given a 1-5 rating, with space to leave comments.
As part of the eligibility check, the Best Lawyers editorial staff reviews votes and comments. Selected lawyers are checked to make sure they are in good standing with the ethics committee of their state bar.
William Brewer
Uber Faces Trial in Lawsuit Over Sexual Assault by Driver
August 11, 2021 – The Brewer law firm announced that its high-profile lawsuit against Uber is moving forward.
U.S. District Court for the Southern District of New York Judge Lewis J. Liman overruled Uber’s motion to dismiss a 2020 lawsuit that alleges that Uber’s claims relating to rider-safety are materially deceptive. The case now moves forward.
Originally filed on September 28, 2020, the lawsuit was filed by a female passenger who alleges she was sexually assaulted during a 2018 late-night ride home from New York City. Plaintiff, identified as “Jane Doe,” alleges that Uber failed to take reasonable steps to vet the driver, who assaulted her when she drifted off to sleep. In a case that captured national headlines, plaintiff reported that she suffered physical and emotional trauma.
“Our client views this decision as an opportunity to shine a bright light on the company’s failure to protect its female passengers,” says William A. Brewer III, counsel for plaintiff. “There is no doubt that millions of female passengers rely upon Uber’s representations to provide a ‘safe ride.’ Our client experienced something hauntingly different: assault at the hands of a sexual predator.”
Plaintiff asserts that Uber makes material misrepresentations to customers regarding the safety of its services, especially for female riders. In a 42-page opinion, dated July 28, 2021, the judge writes that Uber advertises that it provides the “safest rides on the road.” The judge observes that it is reasonable for a consumer to expect that “safety” includes non-traffic-related driver behavior such as sexual assault.
“If Uber had wanted to limit its claim to the make and model, features, or maintenance of the cars, they could have said ‘connecting you to the safest cars on the road,’” writes Judge Liman. He further writes, “Plaintiff sufficiently alleges that Uber’s statements about the safety of its rides were misrepresentations that concealed safety risks. Asserting that a product in its entirety (or majority) has a quality, when in fact only a portion of that product has that quality, is materially deceptive.”
The court observes that Uber had data on the “safe/unsafe composition of its driver pool” at the time of plaintiff’s assault due to the company’s sexual assault data, yet “There is no indication from the pleadings that Uber has shared that data with customers or created a feature to flag drivers that have been reported.” As alleged in plaintiff’s lawsuit, in December 2019, Uber reported nearly 6,000 reports of sexual assaults during its rides in the United States in 2017 and 2018. Approximately 89 percent of the victims were women or female-identifying individuals.
The judge writes, “…Plaintiff has sufficiently alleged that Uber’s misrepresentations concealed a foreseeable risk covering sexual assault of a rider by a driver, which then materialized. Plaintiff has also sufficiently alleged that her reliance on Uber’s misrepresentations caused the loss she suffered – her assault.” Therefore, he concludes that Plaintiff stated a viable claim for negligent misrepresentation.
The decision concludes, “The Court will permit Plaintiff an opportunity to amend the complaint to add allegations that support Uber owed a duty to Plaintiff and its passengers as a common carrier. Plaintiff will also be permitted to amend the complaint with additional facts regarding Uber’s knowledge of Hussain’s [the driver] propensity for sexual assault.”
Plaintiff’s deadline to file an amended complaint is August 27, 2021.
El Paso Times Reports on Lawsuit Against Chrysler Brought by Texas Dealership Owner
On August 9, 2021, the El Paso Times published a front-page article reporting that Brewer client Richard C. Poe II has sued Chrysler, as he fights for control of his Texas dealerships.
The article reported that in a lawsuit filed in federal court in Michigan, Poe claims that Chrysler conspired with three of his father’s business associates and their appointed dealership manager to prevent Poe from taking control of the dealerships.
William Brewer, counsel to Poe, told the Times, “Chrysler knew Richard was the heir apparent. When Dick Poe passed away, the one with legitimate control was Richard, but Chrysler began refusing to talk to Richard and awarded the dealership (control) to the interlopers."
The Times reported that the lawsuit lists the dealerships “derivatively” as plaintiffs along with Poe.
“Because he has an ownership interest in the dealerships," Poe has the legal right to file the lawsuit on behalf of the dealerships so they can receive restitution from Chrysler, Brewer said in a statement. “Naturally, those in control are critical of his efforts to bring this action" because the lawsuit includes allegations against them, he added.