New York

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.

Newsday Profiles William Brewer in Advance of New York Trial

On January 5, 2014, Newsday newspaper profiled partner William Brewer’s representation of the NRA in an article titled, “Democrat William Brewer Defends NRA in Crucial NY Lawsuit.”

Newsday editorial board member Thomas Maier wrote that Brewer is “used to the hot seat in tough cases.” The article appeared in the newspaper’s “The Point” daily newsletter feature, which takes readers “behind closed doors into the New York political scene” and aims to provide must-read, exclusive insights into local and city politics and policy.

 Trial is scheduled to begin on January 8 in the high-profile case between the New York Attorney General (NYAG) and the NRA.

“With respect to the NYAG trial, the NRA is prepared and ready,” Brewer told Newsday. “The NRA will defend its governance efforts in support of the freedoms it fights to defend.”

Maier wrote that Brewer contends the NRA is being unfairly singled out by the NYAG because of its advocacy of gun rights favored by conservatives who are her political opponents. “The NRA believes this was motivated by James’s [campaign] promise she would go after the NRA if elected,” Brewer said earlier this week in an interview with The Point.

Newsday is a daily newspaper that covers news on Long Island, New York. The publication shared some Long Island facts about Brewer in the article, including that he grew up in Baldwin, worked as a Newsday paperboy and graduated from Maria Regina Diocesan High School in Uniondale, now known as Kellenberg Memorial.

FOX News Reports on NRA Appeal

March 15, 2023 – FOX News reported today on Brewer client, the National Rifle Association of America (NRA), and its appeal of a June 2022 legal decision dismissing the Association’s First Amendment and Equal Protection Clause counterclaims against New York Attorney General Letitia James.

The article, “NRA digs in for legal fight against woke prosecutor over alleged ‘roadmap’ of abuse,” observes that the NYAG filed a dissolution lawsuit against the NRA in August 2020, following her campaign declarations in 2018 that she would investigate the NRA if she was elected. She had described the NRA as a “criminal enterprise” and “terrorist organization.” The NYAG assumed public office and, exactly as she promised her supporters, launched a campaign against the NRA in April 2019, and, approximately a year later, filed a well-publicized lawsuit against the NRA – billed by her as the suit to dissolve the NRA. The NRA filed counterclaims in July 2021, and supplemented its filing in April 2022.

The NRA alleged that James’s campaign to shut down the NRA was motivated by a desire to silence its pro-Second Amendment advocacy. On June 10, 2022, the New York Supreme Court dismissed the counterclaims without allowing discovery. Citing cases arising in the criminal context, the Court contended that the NRA was required to show that the NYAG had no probable cause to investigate it to state a claim under the First Amendment.

In its appeal, filed in the Appellate Division, First Department, the NRA states that the "lower court’s opinion practically draws a roadmap for how officials can abuse state power to destroy the ability for non-profits to advocate for positions disfavored by the government. An official can run for office with the stated aim of taking adverse action to a silence a disfavored speaker."

Brewer partner William A. Brewer III tells FOX, “The NRA believes the motivation for her [the NYAG]…campaign against the Association is clear: she desired to silence the organization and its Second Amendment advocacy.”

Click here to read the article.

Pine-Richland High School Students Crowned Champion of International Public Policy Forum Debate Contest

April 30, 2022 – New York – A team of students from Pine-Richland High School of Gibsonia, Pennsylvania, bested a field of high schools from around the globe Saturday, winning the 21st Annual Brewer Foundation/New York University International Public Policy Forum (IPPF) debate competition and a $10,000 grand prize. The final debate was held at The Harold Pratt House in New York City.

The teams that competed in the IPPF Finals on Saturday, April 30, were the final “Elite Eight” teams to emerge from a field of more than 120 teams. The teams debated the topic: “Resolved: On balance, the hegemony of the United States dollar is detrimental to the world economy."

As the new IPPF World Champion, the Pine-Richland team receives a $10,000 grand prize ($5,000 for the school’s debate program and $5,000 in individual scholarships). The team was coached by Jeff Byko, and the team members were Miles Brown, Callie Stoltz, Andrew Ni, Amish Sethi, Tadg Manna and Matthew Farmar.

"These student debaters impressed the judges with their strong advocacy skills – ultimately winning the title of IPPF World Champion," said William A. Brewer III, partner at Brewer, Attorneys & Counselors and cofounder of the IPPF. "Over the course of seven months, the students demonstrated superior written scholarship and oral advocacy skills in a rigorous test of their academic abilities. The results achieved here suggest the promise of bright futures.” 

Brewer added: “Congratulations to the team for excelling in a debate involving a complicated public policy issue: the role of the United States dollar in the world economy.”

In New York, Pine-Richland advanced over the Ministry of Education, Singapore, in the quarterfinal round and Amity Regional High School from Woodbridge, Connecticut, in the semifinal round, before facing Potomac Oak from Rockville, Maryland, in the finals.

The runner-up team, Potomac Oak, receives a $3,500 prize. Coached by Elisa Chen Sukhobok and Alex Jiang, the team members were Kaden Chien, Evelyn Shue, and Jonathan Wen.

The top eight teams competing in the IPPF Finals represented schools in five U.S. states, Canada and Singapore. The team from Singapore competed virtually – making this the IPPF’s first hybrid debate final.

The IPPF Finals give students the opportunity to participate in oral debates in front of some of the world’s foremost experts in debate, business, law and politics. The proceedings were judged by a panel comprised of Brewer, NYU President Emeritus John Sexton, NYU Stern School of Business Dean Raghu Sundaram, Above the Law Senior Editor Kathryn Rubino, and Miha Andric, an international debate coach and communication teacher based in Slovenia.

“This partnership between NYU and the Brewer Foundation celebrates a unique expression of debate – involving months of written scholarship, oral advocacy, and the chance to compete on a global stage,” Sexton said. “As a member of the IPPF judging panel, I have enormous confidence in these students – and the power they have to positively impact the world around them. They are destined for great things.”

Founded in 2001, the IPPF is the only competition that gives high school students from around the globe the opportunity – for free – to engage in written and oral debates on issues of public policy.  

The 2021-22 competition began in October, as teams submitted qualifying round essays on the IPPF topic. Judges selected the “Round of 64” teams, who then participated in a single-elimination, written debate contest ― volleying essays back and forth via e-mail. From November to March, the field was narrowed from 64 teams to 32, then 16, and finally to the eight teams that competed in oral debates at the IPPF Finals in New York.

In New York, the quarterfinalists were Bergen County Debate Club from Fort Lee, New Jersey; The Davidson Academy of Nevada from Reno, Nevada; Ministry of Education, Singapore; and North Allegheny Senior High School from Wexford, Pennsylvania. Quarterfinalists each win $750. 

The semifinalist teams — Amity Regional High School from Woodbridge, Connecticut, and Extraordinary Education Centre from Toronto, ON, Canada — each win $1,500. 

About the IPPF and the Brewer Foundation:

The IPPF was founded in 2001 by the Brewer Foundation and is now jointly administered with New York University. The program is available to all high schools around the world – public and private – for free. The IPPF is endorsed by leading forensic agencies, such as the National Association for Urban Debate Leagues, the International Debate Education Association, the Impact Coalition, Associated Leaders of Urban Debate Leagues, and the National Debate Coaches Association.

The Brewer Foundation is a private, non-profit organization funded by companies, individuals and the national litigation firm of Brewer, Attorneys & Counselors. With offices in New York and Dallas, the Foundation has achieved widespread recognition for its efforts to create, fund and manage a variety of educational outreach programs.

Visit the IPPF at www.ippfdebate.com, www.facebook.com/ippfdebate, or on Twitter and Instagram at @IPPF1. 

 

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.

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.

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William Brewer

New York Law Journal: Judge's Ruling Allows NRA's First Amendment Claims to Proceed

On March 15, 2021, the New York Law Journal reported that a ruling by U.S. District Judge Thomas McAvoy of the Northern District of New York allows the NRA's First Amendment claims against New York state officials to move forward with discovery.

The lawsuit argues that New York state officials violated the NRA's First Amendment rights to express its political views.

“This important decision reaffirms that all public officials, even Gov. Cuomo and Maria Vullo, the former superintendent of the New York State Department of Financial Services, are accountable under the First Amendment,” said William Brewer, counsel to the NRA. “It will allow the NRA to pursue discovery and bring important evidence to light—to expose the communications and coordinated efforts of New York officials and others to harm the NRA and impinge its Constitutional freedoms. The message is clear: the NRA will stand up to those who unlawfully interfere with its Second Amendment advocacy.”

The article reports that Judge McAvoy denied qualified immunity to former New York Department of Financial Services (DFS) superintendent Maria Vullo, noting that "a question of material fact exists" as to whether Vullo "explicitly threatened" an insurer with DFS enforcement unless it broke ties with the NRA.

Read more.

New York Post Reports on Brewer's Representation of NRA in New York Gun Store Lawsuit

On April 3, 2020, the New York Post reported on the NRA filing a federal lawsuit challenging New York Governor Andrew Cuomo's decision to label gun stores "non-essential" businesses. 

The article, titled "NRA sues NY for calling gun stores 'non-essential' amid coronavirus," reports that the NRA lawsuit asks the court to declare gun stores essential businesses that can operate during the coronavirus crisis.

The article quotes NRA lawyer William A. Brewer III of Brewer, Attorneys & Counselors. "The current public health emergency does not justify the complete elimination of this right [to bear arms], especially during a time when many New Yorkers have valid concerns about their physical safety and welfare," Brewer said.

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