Albany Times Union Columnist Writes About Firm’s Case
Albany Times Union Columnist Chris Churchill wrote a column dated August 6, 2018, titled “Cuomo targets the NRA – and free speech” that refers to a lawsuit brought by the firm on behalf of the National Rifle Association (NRA) against New York Governor Andrew Cuomo and the state Department of Financial Services (DFS) and its Superintendent, Maria T. Vullo. The suit alleges that the state violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them not to do business with the NRA.
Churchill writes that Cuomo’s attack on the NRA “is more harmful to the First Amendment than the Second” Amendment because Cuomo has “essentially weaponized the state’s regulatory authorities to go after a political organization with which he disagrees.” Churchill also refers to the lawsuit alleging that Cuomo “is using the power of state government to pressure banks and insurance companies to stop doing business with the gun rights group.” Additionally, Churchill quotes directly from the lawsuit’s allegation that Cuomo is running a “blacklisting campaign.” He concludes that, “What Cuomo is doing – using the power of the state to target a political enemy – is tyrannical.”
Wall Street Journal Opinion Piece Focuses on Lawsuit Filed by the Firm
The Wall Street Journal published an opinion piece on May 15 by James Freeman, assistant editor of the WSJ editorial page, in support of a lawsuit filed by the firm. The piece, “The NRA vs. Authoritarianism,” explores an alleged effort by New York Governor Andrew Cuomo and the New York State Department of Financial Services (DFS) to attack the First Amendment rights of the National Rifle Association (NRA) through “guidance” (to not do business with the NRA) provided to businesses that are regulated by DFS.
Mr. Freeman writes, “Read the lawsuit filed on Friday by the National Rifle Association against New York Gov. Andrew Cuomo, his Department of Financial Services, and its Superintendent Maria Vullo. Also check out the governor’s April 19 press release on the topic. Then imagine that the target of Mr. Cuomo’s recent assault on political speech is anyone other than the gun-rights group.”
The Freeman opinion piece continues, “…it’s wrong to use powers intended to ensure the health of financial institutions to silence those with whom the governor disagrees on public policy. The main “reputational risk” here for financial companies is that they will serve clients who are unpopular in the governor’s office. If Mr. Cuomo can then freeze the otherwise law-abiding clients out of the financial system, he can put them out of business. That’s tyranny, and if the Cuomo precedent stands against the NRA, count on it being used against other controversial speakers in the future.”
Law360 Reports on Sanctions Against Transamerica
In an article dated January 10, 2018, Law360 reported that a California federal judge ordered Transamerica Life Insurance Company to pay nearly $200,000 in sanctions for obstructing the discovery process in a lawsuit brought by Brewer, Attorneys & Counselors on behalf of DCD Partners, LLC.
DCD Partners sued Transamerica in 2015 alleging that it increased life insurance premiums on a predominantly African-American church congregation in South Los Angeles. In September 2017, a jury awarded DCD Partners more than $5.6 million.
The sanctions relate to Transamerica’s conduct in responding to discovery requests in late 2016. “We appreciate the attention of the court to this matter,” William A. Brewer III told Law360. “Our clients believe this decision and monetary award validates what they have believed all along — that defendants sought to frustrate their pursuit of discovery in this important matter.”
Please see the article here (subscription required).
Brewer, Attorneys & Counselors Names New Partner
Brewer, Attorneys & Counselors recently named Sarah B. Rogers partner. Ms. Rogers joined the firm’s New York office as a senior associate in May 2016.
She is active in many areas of the firm, mentoring colleagues and assisting with firm recruitment. Ms. Rogers also serves as a judge of the International Public Policy Forum (IPPF), a high school debate competition jointly sponsored by the Brewer Foundation and NYU. Prior to joining the firm, she was an associate at Latham & Watkins LLP and also previously worked in-house for Philip Morris International, managing litigation and regulatory issues.
Ms. Rogers received her Juris Doctor degree from Columbia Law School in 2008 and received a Bachelor of Arts degree in International Relations from Dartmouth College in 2005. At Columbia, she served as a staff editor of the Journal of Transnational Law and was recognized as a Harlan Fiske Stone Scholar.
Law 360 Reports on Firm’s Trial Victory
Law 360 reported that Brewer, Attorneys & Counselors, won a four-day jury trial in federal court in Los Angeles that resulted in a $5.6 million victory for its client, DCD Partners, LLC. As reported, on September 13, 2017 an eight-person jury in United States District Court, for the Central District of California awarded plaintiffs more than $5.6 million against Transamerica Life Insurance Company (“Transamerica”).
DCD Partners sued Transamerica in 2015, alleging Transamerica improperly increased life insurance premiums by 50 percent in 2013 on more than 2,000 insureds – predominantly African-Americans from South Los Angeles, who were parishioners of the Praises of Zion Missionary Baptist Church, and other community churches. In 2004, the insureds became part of a charitable life insurance program which provided family members money for burial expenses, and funds for the community activities of the Personal Involvement Center, and other non-profit groups. The jury rendered a verdict for DCD Partners on its claims of breach of contract and breach of the implied covenant of good faith and fair dealing.
The Wall Street Journal Reports on Firm Case in Los Angeles, CA
The Wall Street Journal reported on one of the firm’s current cases in Los Angeles, CA. The article, “Life Insurer Faces Off Against African-American Church in Battle Over Rates,” dated September 1, 2017, focuses on issues relating to a life insurance program that benefits members of the South Los Angeles community. As reported in the WSJ, the case “sheds light on the once-hot use of ‘investor-owned’ life insurance for nonprofit fundraising.”
Partner William A. Brewer III Named 2017 BTI Client Service All-Star
Partner William Brewer has been named a 2017 BTI Client Service All-Star. The list recognizes only 319 attorneys who “stand out as absolutely the best at client service,” as defined solely by clients.
Attorneys must be nominated by corporate counsel, and no attorney or firm can self-nominate, self-refer, nor pay to be included. According to BTI, “these attorneys are proactive in building client relationships. They take, and make, the time to understand their clients in-depth – their business, their objectives, and their goals. This elite group enjoys a clear cut advantage over the competition.”
U.S. News-Best Lawyers Names Firm to 2017 “Best Law Firms” List
Brewer, Attorneys & Counselors was named to the U.S. News & World Report and Best Lawyers 2017 “Best Law Firms” list. The firm was recognized in the commercial litigation practice area in New York City and Dallas. The firm earned a “Tier 1” designation in commercial litigation for the metropolitan Dallas area.
According to the publications, achieving a tiered ranking “signals a unique combination of quality law practice and breadth of legal expertise.” To be eligible to be ranked, a firm must have an attorney listed in The Best Lawyers in America (Woodward/White, Inc.), which represents the top 4 percent of attorneys in the United States. Managing Partner William Brewer was selected for inclusion in the publication.