New York Post Reports on Lawsuit Brought by Dallas Investor
The New York Post reported on a lawsuit filed by Brewer firm client and Dallas investor Mark Hurley against Emigrant Bank and New York billionaire Howard Milstein.
The Dec. 11 article, “Milstein heir dished divorce dirt on business rival: suit,” reports that Milstein allegedly hired a private investigator to follow Hurley “to gain leverage in a contentious business deal” as the pair “tangled” over the sale of the Fiduciary Network, a private-equity vehicle.
The lawsuit was filed on Dec. 7, 2018, in the District Court of Dallas County, Texas. According to the complaint, “This case involves a multi-year scorched-earth campaign, led by New York real-estate and banking scion Howard Milstein, to wrest control of a once-successful business (for pennies on the dollar) by disrupting its contractual relationships and defaming its founder.”
Texas Tribune Reports on Brewer Storefront Lawsuit
The Texas Tribune published an in-depth article regarding the latest voting rights lawsuit brought by Brewer Storefront, the firm’s community service legal affiliate. The firm recently filed a lawsuit against the Richardson Independent School District on behalf of plaintiff and former RISD Trustee David Tyson. The Dec. 11 article is titled “Richardson ISD’s student demographics have significantly changed. The makeup of its school board hasn’t.”
The article highlights the firm’s long track record of advocacy in the area of voting rights and states, “Over the last several years, William Brewer, a Dallas corporate lawyer with a reputation for playing hardball, has challenged North Texas school districts and city councils to change their elections systems — and his firm hasn’t lost a voting rights fight yet.”
The article is part of an education series being published by the Tribune titled “Dis-Integration.”
Law360 Publishes Firm Commentary on Cannabis Industry
Partner William Brewer and Consultant Peter Schwartz wrote an expert analysis opinion piece published in Law360 on Dec. 3, 2018, titled “Jury Saves The Day in Misguided Cannabis Lawsuit,” about a lawsuit challenging the growing legal U.S. cannabis industry. They emphasized the need for attorneys to understand the legal and regulatory landscape of this booming industry.
The article cited a civil lawsuit brought by landowners in Rye, Colorado, against their neighbor, cannabis cultivator Camp Feel Good, claiming in part that their property was devalued by offensive odors. The landowners alleged a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Ultimately, a jury ruled in October in favor of the of the cannabis cultivator. However, the article noted that similar lawsuits are being filed.
“These legal issues bring the need for attorneys to be well-versed in the ever-expanding case law facing the cannabis industry,” Brewer and Schwartz wrote. “As barriers — economic, structural and legal — are interposed to thwart commerce, business owners and industry investors will need to unite behind advocates able to break them down.”
Wall Street Journal Editorial Writer Endorses NRA Lawsuit
James Freeman, assistant editor of The Wall Street Journal editorial page, wrote an editorial on November 14, 2018, in support of the firm’s client, the National Rifle Association (NRA), in its First Amendment case against New York Gov. Andrew Cuomo and the New York State Department of Financial Services.
On November 6, 2018, Judge Thomas J. McAvoy upheld the NRA’s First Amendment freedom-of-speech claims – the crux of its complaint against the State of New York. The opinion piece, “The NRA Will Have Its Day in Court,” underscores the key themes of the NRA’s case and summarizes what has become one of the most closely-watched cases of its kind.
Freeman writes, “...no elected official in the country has more aggressively sought to limit free speech rights than Gov. Andrew Cuomo. Now he will have to answer for it in court.”
Freeman continues, “There is an enormous interest for all Americans in making sure that a politician like Mr. Cuomo cannot abuse his authority to silence law-abiding citizens with whom he disagrees.”
Reuters Columnist Writes About Firm’s Free Speech Advocacy for NRA
The Reuters legal writer Alison Frankel wrote an opinion piece on November 7, 2018 about the firm’s representation of the National Rifle Association (NRA). The piece, “In NRA v. NY, a Timely Reminder That Officials Can’t Use Their Power to Squelch Free Speech,” reports that a federal judge has upheld the NRA’s major First Amendment claims against New York Governor Andrew Cuomo and the New York State Department of Financial Services.
Frankel writes, “The National Rifle Association’s favorite part of the Bill of Rights is the Second Amendment, but it was the Constitution’s protection for free speech that kept alive the NRA’s lawsuit accusing top New York officials of pressuring insurers to ditch the gun rights group.” She adds, “To paraphrase the cliché, you can deplore what the NRA has to say but nevertheless defend its right to speak without government interference.”
The article quotes partner William Brewer, lead attorney for the NRA. He says the forward movement of this case upholds “basic First Amendment principles” and “marks a significant development for not only the NRA, but all advocacy groups engaged in political speech under the protections of the First Amendment.”
NYLJ Reports that NRA’s Lawsuit Against Gov. Cuomo Moves Forward
The New York Law Journal reports that a lawsuit brought by firm client the National Rifle Association (NRA) on First Amendment claims against New York Gov. Andrew Cuomo and the Department of Financial Services (DFS) will move forward. The November 6, 2018, article reports that “U.S. District Judge Thomas McAvoy of the Northern District of New York wrote in a lengthy decision that the NRA’s claims that actions by Cuomo and Department of Financial Services Superintendent Maria Vullo stifled its free speech were sufficient enough to be evaluated at trial.”
The highly-anticipated decision follows a hearing in Albany on September 10, 2018.
“This decision upholds not only the NRA’s First Amendment claims, but basic First Amendment principles,” said firm Partner William Brewer, lead attorney for the NRA in the matter. “The motion to dismiss was a misguided attempt to avoid addressing the substance of this case. As the court recognized, the NRA deserves its day in court – and we look forward to it. We are eager to proceed with discovery, which we believe will reveal more troubling facts about defendants’ abuse of state power to suppress opposing political views.”
Firm Represents Hotel Operator in Lawsuit Against Gansevoort Hotel Group, LLC
Brewer, Attorneys & Counselors announced that it has filed a lawsuit against Gansevoort Hotel Group, LLC (“Gansevoort”) on behalf of its client, the operator of Gansevoort Turks + Caicos, a Wymara Resort (the “Resort”). The lawsuit claims the Resort has been adversely impacted by Gansevoort’s failure to maintain and grow the Gansevoort hotel brand.
Filed in New York Supreme Court on October 26, 2018, by Wymara Ltd. and Wymara Developments Ltd. (together, “Operator”), the suit seeks declaratory relief to safeguard Operator’s significant financial investment in the Resort, as well as monetary damages to compensate it for the losses the Resort has incurred as a result of Gansevoort’s breaches of contract.
“Our client believes Gansevoort Hotel Group failed to meet its obligation to maintain the quality of the brand, leaving our client with significant damages,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for Operator. “In fact, our client’s resort is now one of only two Gansevoort-branded properties remaining in the world – and there are no plans to grow the brand in the future. Of course, this reality is a far cry from the promises made to our client – that Gansevoort would be a luxury brand.”
The New York Post reported on the lawsuit in an article dated Oct. 30, 2018, titled “Caribbean resort sues to get out of pact with ‘outdated’ Gansevoort Hotel.”
NYLJ Reports on Firm Representation of NRA at Hearing
The New York Law Journal reported that Brewer, Attorneys & Counselors Partner Sarah Rogers represented the NRA in arguments in federal court in New York on Sept. 10, 2018. The coverage appeared on the front page of the NYLJ print edition on Sept. 11, 2018, in an article titled, “NRA: Discovery Could Show State Coerced Companies Cut Ties.” The NRA alleges that the New York state Department of Financial Services (DFS) and Governor Andrew Cuomo 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.
The coverage noted that Rogers argued that a press release issued by the DFS included targeted language from DFS Superintendent Maria Vullo. Rogers reportedly argued that “Incurring the favor and disfavor of DFS is going to be very important to any insurer in New York.” Rogers additionally argued that the lawsuit is over state regulation the NRA argues will limit its advocacy efforts. She reportedly added that, “The NRA does not sue Governor Cuomo for criticizing it… What he can’t do is issue official regulatory directives.”