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.

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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 Anti-SLAPP Expert Analysis Article Published by Law360

On January 12, 2022, Law360 published an expert analysis piece written by Brewer Partner William Brewer and Associate Will Brewer titled, “Ruling Confirms Causation is Key Under NY Anti-SLAPP Law.”

The article states, “Threats of litigation initiated for the purpose of censoring, intimidating, or punishing a person for exercising their First Amendment rights have prompted many jurisdictions to pass laws targeting strategic litigation against public participation, otherwise known as anti-SLAPP statutes.”

The article discusses how the Hon. Nancy Bannon of the New York Supreme Court recently considered and dismissed an anti-SLAPP counterclaim in a dispute between Howard M. Meyers and and LEG Q LLC (“LEG Q”) in RSR Corp. et al. v. LEG Q LLC et al., Index No. 650342/2019 (N.Y. Sup. Ct.).

The authors write, “If this ruling is any indication of how New York courts will interpret the anti-SLAPP claim in the future, counsel should take note that, at the motion to dismiss stage,  an anti-SLAPP claim need not have in hand any judicial finding regarding the nature of a purportedly SLAPP lawsuit; allegations will suffice.”

The authors add, “Moreover, in light of this decision, the breadth of what constitutes a communication in connection with the ‘public interest’—reaching matters that are not purely private as between the parties—cannot be overstated.”

 To read more, click here.

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.

Read more.

Texas Supreme Court Exonerates Partner William Brewer in Pretrial Survey Case

The Texas Supreme Court on April 24 ruled that Brewer, Attorneys & Counselors Partner William Brewer did not act in bad faith when he conducted a pretrial survey in advance of a products liability trial. The ruling reverses a prior sanctions award levied against Brewer by a trial court.  

“We appreciate the attention paid by the court on this important issue. The opinion validates what we have believed all along – that Bill and our law firm acted ethically at all times,” says Michael J. Collins, partner at Brewer. “This outcome underscores our commitment to the highest of ethical standards.”

 Brewer was sanctioned by a trial court in 2014 in connection with a telephone survey that opposing counsel contended was a "push poll" meant to influence the jury. 

However, the Texas Supreme Court's opinion, issued on April 24, 2020, states: "Though the survey Brewer commissioned is not without its faults, the evidence shows he undertook reasonable efforts to secure a third-party industry professional to create a relatively balanced public opinion survey for random administration."

“This is an important victory for every lawyer in Texas,” says Linda Eads, professor emerita, SMU Dedman School of Law, and counsel to the Brewer firm. “It provides protection from unreasonable sanctions imposed by a trial judge not based on facts and evidence.”

Professor Eads continued, “The opinion confirms the Brewer firm acted appropriately at all times, and the survey in question was balanced for random administration. In this instance, the court ruled decisively in favor of Bill and the firm, finding the ‘record bears no direct, or even circumstantial, evidence of bad faith.’”