Brewer Storefront Voting Rights Lawsuit Moves Forward
September 28, 2022 – The Brewer Storefront announced that its Voting Rights Act lawsuit against the Lewisville Independent School District (LISD) is moving forward. On September 26, U.S. District Judge Amos Mazzant for the Eastern District of Texas denied a motion by LISD to dismiss the lawsuit brought against LISD by Brewer Storefront client Paige Dixon – paving the way for trial.
Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors.
Dixon brought the lawsuit against LISD and its trustees on April 12, 2022, alleging that the school district’s at-large election system violates the Voting Rights Act of 1965 because it denies fair representation to voters of color. Dixon is African American and former candidate for the school board.
Judge Mazzant wrote that, “After reviewing the current complaint, and the arguments presented in briefing, the Court finds that Dixon has stated plausible claims for relief against Individual Defendants.”
With approximately 50,000 students, LISD is richly diverse. As of the 2020-21 school year, the student population was 37.6% white, 30.5% Hispanic, 15.5% Asian, and 11.6% African American, and 4.4% Two or More Races. Yet, there is only one minority trustee out of seven.
“We are pleased that Judge Mazzant has cleared the path so that this important case can move forward,” said William A. Brewer III, partner at Brewer Storefront and lead counsel for Dixon. “Our client is eager to proceed to trial, and expose the pernicious and unconstitutional nature of this voting scheme.”
Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area. The lawsuit claims the at-large system rewards white voters for voting as a bloc and denies political opportunity to non-white voters.
The lawsuit refers to LISD’s at-large election system and the importance of school board trustees and states that, “Unfortunately, when the electoral process by which officials are chosen ‘stacks the deck’ against people of color such bodies cease to be ‘representative.’” According to the lawsuit, the numbers of Hispanic, African American and Asian voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which voters of color are a majority.
The Storefront has an established track record in this form of public advocacy. It successfully resolved Voting Rights Act cases with the Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009.
Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
Brewer Comments on Ruling That Dismisses NRA Claims
September 23, 2022 – Law 360 and several other media outlets quoted William A. Brewer III in connection with recent developments regarding the NRA’s lawsuit against former New York Department of Financial Services (NYDFS) Superintendent Maria Vullo. A panel of three Democratic appointees in the Second Circuit Court of Appeals has reversed repeated holdings by the trial judge in the NRA’s First Amendment case against Vullo – and dismissed the claims against Vullo individually.
The case stems from the 2018 “blacklisting campaign” against the NRA, in which, the NRA alleges, former New York Governor Andrew Cuomo and Vullo attempted to coerce banks and other financial institutions from doing business with the NRA.
The NRA is investigating its options, under belief that the Second Circuit’s decision misstates facts of the case and gravely weakens First Amendment protection for controversial speakers who wish to access financial markets.
Brewer told Law 360, "The Second Circuit's decision regarding the NRA's claims against Ms. Vullo misstates the facts, and offends the First Amendment. "[The decision] endorses a radical idea: that financial regulators can selectively punish businesses to advance 'public policy,' including 'social issues' such as gun control. This is a derogation of the First Amendment that should not prevail."
To read more, click here.
Firm Announces Hiring of Attorneys in New York and Dallas Offices
September 13, 2022 – Brewer, Attorneys & Counselors recently announced the hiring of five new attorneys in the New York and Dallas offices.
Elizabeth Del Cid joined the firm as counsel in the New York office. She previously worked as a trial attorney and partner at national law firms in New York and California. She handles complex civil and criminal litigation, taking the lead in numerous high-exposure lawsuits on both the plaintiff’s and defense sides in New York, the Midwest, and California. Her practice focuses on consumer law litigation, civil rights advocacy, and bet-the-business financial disputes in federal and state courts throughout the country. She has represented clients in class actions, coordinated proceedings, business tort, RICO, fraud, bankruptcy, blockchain, financial services, securities and employment matters.
Ms. Del Cid also drafted and enforced public policy and laws in California. Before that, she externed for the Honorable Nany C. Dreher of the U.S. Court of Appeals for the Eighth Circuit. Since 2016, Ms. Del Cid has served as an arbitrator for the Financial Industry Regulatory Authority (FINRA). Ms. Del Cid received her Juris Doctor degree from the University of Minnesota Law School and her B.A. in history and English from the University of California, Los Angeles.
Connor McKinney joined the firm as an associate in the Dallas office. Prior to joining the Brewer firm, he practiced at the international law firm Thompson Knight, as well as the national litigation boutique Diamond McCarthy in Houston. He has substantial experience litigating disputes involving breach of contract, fraud, securities, energy, bankruptcy, fiduciary breaches, mass torts, joint ventures, and international development projects, among other areas. Mr. McKinney also has considerable experience in internal investigations, regulatory proceedings, and white-collar criminal proceedings. Mr. McKinney received his Juris Doctor degree from Columbia Law School and his bachelor’s degree in Political Science from Trinity University.
Jason Elgersma joined the firm as an associate in the Dallas office. He previously worked as a judicial intern for U.S. District Judge Lee Yeakel in the Western District of Texas and as an intern at Locke Lord LLP. Mr. Elgersma received his Juris Doctor degree from The University of Texas School of Law in and a B.A. in Journalism from the University of Arkansas.
David Umansky joined the firm as an associate in the New York office. He previously worked as an intern at The Justice Center at Albany Law School and as a research assistant for Albany Law School of Union University Professor Robert Heverly. Mr. Umansky received his Juris Doctor degree from Albany Law School of Union University and his B.A. in Political Science from Rutgers University.
Pamela White joined the firm as an associate in the New York office. She previously worked as a research intern for Professor Courtney Cox at Fordham University School of Law. Ms. White also previously worked as a Communications Director for the National Security Association for Law and Policy Reform. She received her Juris Doctor degree from Fordham University School of Law and B.A. in Peace and Conflict Studies and Latin American studies from Colgate University.
Brewer Partner Cecelia Fanelli Comments on Controversial LA Ordinance
August 11, 2022 – Law360 interviewed Brewer, Attorneys & Counselors Partner Cecelia Fanelli about the implications of a proposed Los Angeles ordinance that would require hotels to house homeless people in vacant rooms. The Los Angeles City Council recently voted to put the proposed ordinance on the ballot, leaving it up to voters to decide whether to approve the measure.
Fanelli said the proposed ordinance raises many concerns, including placing hospitality workers outside of their traditional role, charging them to provide “nightly social services” for homeless people in hotel rooms.
"The ordinance also raises the issue of an overreach into the affairs of private businesses by the government, and it also potentially places into jeopardy the insurance coverage of hotels and motels given the change in their risk profile. Those costs would likely be passed on to consumers," Fanelli said.
"If it begins in Los Angeles, there's nothing to say that similar initiatives wouldn't be instituted in other cities," she added.
To read more, click here.
Bloomberg Law Chronicles Legal Misfortunes of Case Against NRA
August 10, 2022 – Bloomberg Law reported today on the legal misfortunes of a plaintiff’s pursuit of Brewer client the National Rifle Association of America (NRA). The reporting notes the potential demise of a 2019 lawsuit filed by former NRA donor David Dell’Aquila.
According to the article, “The NRA contends the lawsuit is baseless.”
“The majority of Mr. Dell’Aquila’s claims have been rejected by the courts—evidence this is a frivolous pursuit,” NRA lawyer William A. Brewer III said in a statement. “The NRA’s commitment to good governance is clear.”
To read more, click here.
Brewer Firm Earns Industry Recognition, Named to Vault Law 2023 “Top 150 Under 150” List
August 4, 2022 - Brewer, Attorneys & Counselors is recognized on the Vault Law 2023 “Top 150 Under 150” list of leading small and midsize law firms with 150 or fewer lawyers.
Vault created the list to recognize smaller firms that “deliver big results.” The list was created by editorial and research teams after reviewing Vault survey data, news articles, trade journals, and legal publications.
Vault representatives also spoke with lawyers and reviewed other published rankings. Vault evaluated firms based on prestige, quality of life, and professional growth opportunities.
Vault praises the Brewer firm as “not afraid to take on complex commercial litigation battles” and adds that “its no-holds-barred approach to litigation has earned grudging admiration from its competitors.” Vault also recognizes the firm’s unique in-house litigation consultants and investigation group.
Vault is a national legal research website that provides detailed law firm profiles and rankings on top law firms. The Vault editorial team provides insights into legal careers, law firm life, law school, legal diversity and the legal industry.
Brewer Partner Cecelia L. Fanelli Earns 2022 Chambers Recognition
Brewer, Attorneys & Counselors Partner Cecelia L. Fanelli was recently recognized by Chambers and Partners in the 2022 Chambers USA legal directory.
Chambers USA is a leading directory that ranks top lawyers and law firms across the country. A partner in the firm’s New York office, Ms. Fanelli was recognized in the Leisure & Hospitality nationwide category. She has been ranked by Chambers USA in this area since 2011.
Her practice involves a variety of complex commercial litigation matters, with an emphasis on matters relating to the hotel and real estate industries. She focuses her practice on dispute resolution for hotel owners and lenders.
Chambers ranks lawyers based research findings, peer recognition and client interviews. Chambers assesses the information gathered based on factors such as technical legal ability, client service and diligence. Individual lawyers are ranked by practice area based on their legal knowledge and experience, their ability, their effectiveness and their client service.
Ms. Fanelli has decades of experience in litigation and dispute resolution, practicing across the country in federal and state trial and appellate courts. She has been lead counsel in numerous domestic and international arbitrations.
To read Ms. Fanelli’s full bio, click here.
Business Insider: NRA Pushes Back Against NY Attorney General's Demand for Independent Monitor
On June 7, 2022, Business Insider published an article stating that Brewer client the NRA is "fighting back against New York Attorney General (NYAG) Letitia James' demand for an independent monitor who would oversee the gun group's operations, calling the idea 'intrusive, unnecessary and unprecedented.'"
On March 2, 2022, a New York court struck down attempts by NYAG James to dissolve the NRA – delivering a big win for the NRA. Since that loss, the NYAG "has amended her complaint but added no new factual allegations," the NRA states in its new court filing.
"Rather, she asserts a new cause of action which seeks the intrusive, unnecessary and unprecedented appointment of an 'independent' compliance monitor to oversee the administration of the NRA, answerable to the NYAG's own office as well as the Court," the filing says.
"There is no colorable practical need, and no legal basis, for the NYAG to contrive a de facto takeover of the NRA to replace her defunct dissolution claims," according to the filing.
"Rather, the parties should proceed with discovery and trial on the NYAG's previously existing claims, and the new one should be dismissed."
To read more, click here.