Law360 reports on NRA First Amendment Case Before the Supreme Court

February 21, 2024 – Law360 reports that former New York Department of Financial Services (DFS) Superintendent Maria T. Vullo filed a respondent brief with the U.S. Supreme Court in connection with the case National Rifle Association of America (NRA) v. Vullo, which will be heard in March. The NRA is represented in the case by Brewer, Attorneys & Counselors, the American Civil Liberties Union (ACLU), and First Amendment scholar Eugene Volokh.

In a 2018 complaint against Vullo, the NRA said guidance memos Vullo issued to banks and insurers recommending that New York financial institutions evaluate the reputational risks arising from their dealings with the NRA amounted to an “overt viewpoint-based discrimination campaign.” In her brief to the Supreme Court, Vullo rejected the NRA's position that the statements were a "veiled threat."

NRA counsel William A. Brewer III told Law360 in a statement that the "respondents understate the NRA's allegations."

"It is not just that Vullo 'spoke out about matters of public concern,' but that she intentionally engineered a blacklisting campaign against the NRA at the direction of then Governor Cuomo because of its public advocacy," Brewer said. "The claim that the NRA's arguments should be rejected because they might 'encourage damage suits' against public officials is a red herring — an unpersuasive excuse to avoid scrutiny of the actions in question."

The NRA is also represented by Noah Peters and Sarah B. Rogers of Brewer Attorneys & Counselors.

Law 360 Reports on NRA Trial, Closing Arguments

February 15, 2024 -  Law360 reported on the conclusion of a six-week trial concerning the New York Attorney General Letitia James’ (NYAG) case against the National Rifle Association of America (NRA) in New York. 

The NYAG filed suit against the NRA, former CEO and Executive Vice President Wayne LaPierre, former CFO Wilson Phillips, General Counsel John Frazer, and former Chief of Staff Joshua Powell in August 2020, alleging defendants misspent millions of dollars and that the NRA and executives steered vendor contracts to insiders. The Brewer firm represents the NRA in the case. 

The report noted that the NRA said its board was a victim of improper spending by executives and that the Association instituted compliance reforms once that alleged misconduct came to light.

"The essence of fraud is that it's a lie. The victim doesn't know about it," Brewer Partner Sarah Rogers told the jury. "What the NRA did when it discovered the fraud was, it dug in. ... The NRA left no stone unturned."

Rogers added that the NYAG sued the NRA because she "despised" the group, and that she tried "to impose the death penalty on it and take all its money" – through a corporate dissolution claim that was dismissed in March 2022.  

Read more here.

Law360: NRA Seeks 2nd Circ. Rehearing In Free Speech Dispute

October 11, 2022 - Law360 reports that Brewer client, the National Rifle Association of America (NRA), is asking a "Second Circuit panel for a rehearing after the court found that an investigation into insurers partnered with the NRA and statements by a former New York official advising NRA-affiliated businesses to assess their reputational risks did not violate the gun advocacy group's constitutional rights."

The NRA filed a petition for rehearing en banc on October 6, 2022, asserting that the three-judge panel that overturned its free speech win ignored "clearly-established law that selective enforcement regimes violate the First Amendment." The panel's decision reversed a district court ruling, resulting in the dismissal of individual claims against former Department of Financial Services Superintendent Maria Vullo.  

"The NRA believes, as do most First Amendment scholars, that a government official should not be allowed to target her political enemies and then weaponize the power of her office against that group. The concept, which is unremarkable, restrains 'viewpoint discrimination,'" William A. Brewer III, counsel for the NRA, said in a statement to Law360.

"Numerous legal experts and constitutional scholars join the NRA in recognizing the First Amendment forbids such action. The association will continue to pursue this matter in support of its members and their constitutional freedoms," Brewer said.

Read the report (subscription required). 

Brewer Firm Featured in Law360 Reporting: Competing With Big Law

On July 12, 2021, Law360 highlighted Brewer, Attorneys & Counselors as among a group of leading boutique law firms who compete with Big Law. The article, “How Boutique Firms Kept In Front of The BigLaw Salary War,” explores how boutiques compete for top talent through compensation and professional opportunity.

The article mentions that Brewer raised salaries in June for first-year starting associates to $205,000 – and also increased pay for other lawyers, consultants and professionals at the firm.

"We aim to keep our salaries commensurate with the demands on the professionals, which is at the highest level," Brewer Partner William Brewer told Law360. He added that that the firm employs many in-house business professionals, including consulting experts, investigators and communications specialists.

"We don't wait till the end of the day to figure out what the experts are going to say about cases," Brewer said. "We have those professionals in-house to start thinking through those issues that are typically only handled by outside consultants or experts."

Brewer added that this means young lawyers can “be the captain on a case” early on in their career.

Read more.