Law 360: NRA Tells Justices AG's Probe Basis Needs More Inquiry
October 19, 2023 – Law 360 reported today on emerging developments in the case by the New York Attorney General against the National Rifle Association of America (NRA).
According to the reporting, Brewer counsel “Noah Peters told the Appellate Division, First Department, that a judge got it wrong when he dismissed the NRA's claim that the attorney general's political statements were the motivating force behind her civil financial fraud action accusing the NRA's leaders of funneling millions of dollars into their own pockets. The nonprofit has said James flaunted her hatred of the organization while campaigning in 2018. She won election that November.”
The June 2022 dismissal would "essentially insulate any retaliatory action undertaken by the attorney general so long as the attorney general could later point to some probable cause for her action," Peters told the four justices.
Read the article here.
National Law Journal, Others Report on Sexual Harassment Lawsuit
September 21, 2023 – The National Law Journal (NLJ) reports on a lawsuit from Brewer client Julia Rix against Polsinelli law firm. The lawsuit alleges that Rix was “sexually harassed by two senior firm shareholders and that when she reported the misconduct, Polsinelli ‘retaliated’ by terminating her employment,” according to the NLJ.
As reported, “The plaintiff, Julia Rix, claims that she was ‘repeatedly hounded’ by the two shareholders who ‘insisted on late-night rendezvous, communicated their sexual interest in her, and forced unwanted physical intimacy’ over her two years of work at the firm. She filed suit last Friday in the Superior Court of the District of Columbia, seeking $20 million.
The lawsuit was filed against Polsinelli and the shareholders, referenced in the suit as Dov Scherzer, a senior technology and privacy attorney, and Gabriel Dabiri, leader of the firm’s private credit and cross-border finance practice and the firm’s New York office managing partner.”
The NLJ article was preceded by reports in the ABA Journal, Above the Law, and Law 360.
ABA Journal Reports on Sexual Harassment Lawsuit Against Polsinelli
Sept. 19, 2023 – The American Bar Association (ABA) Journal reports on a lawsuit by Brewer client Julia Rix against Polsinelli, accusing the firm and two of its partners of sexual harassment. According to the article, “A former international corporate attorney at Polsinelli has alleged that she experienced ‘callous gaslighting’ and retaliation by the law firm when she complained about sexual harassment by two influential senior partners.”
The article continues, “In a $20 million lawsuit filed Sept. 15, plaintiff Julia I. Rix said she was ‘repeatedly hounded’ by the two male partners who wanted her to join them for after-hours drinks and hotel meetings. She was also forced ‘to endure salacious comments about her appearance’ and subjected to an unwanted kiss in ‘one sordid episode,’ the suit alleges.” As reported, Rix’s suit, filed in Washington, D.C., civil court, alleges breach of contract, violations of Title VII of the Civil Rights Act, violations of Washington, D.C., human rights law, and infliction of emotional distress.
Brewer partner William A. Brewer III said in a statement to the ABA Journal: “Like many other women in the legal industry, our client claims she was subjected to unwanted sexual harassment at the hands of senior leaders in the firm. Our client believes that Polsinelli not only failed to protect her but revictimized her by failing to properly investigate her allegations. When our client bravely stepped forward to report the abuse she endured, she claims the firm did the unimaginable: immediately terminated her employment. She filed this matter to lay bare a culture of harassment that has victimized many in the workplace and has been intentionally shielded from public view. That ends today.”
Click here to read the full article.
Dallas Morning News Publishes Brewer Storefront Op-Ed on Election Timing
August 31, 2023 — The Dallas Morning News published an op-ed in the Opinion section Thursday by partner William A. Brewer III and Marie Brewer calling for the elimination of off-cycle May local elections in Texas and moving elections on-cycle to November to improve voter participation. The article reflects the Brewer Storefront’s continued dedication to enforcing and promoting the Voting Rights Act in Texas communities. The Storefront is the firm’s community-service legal affiliate.
The commentary follows:
In Texas, discriminatory voting practices that depress minority voter participation remain the norm. The Supreme Court’s recent decision in Allen vs. Milligan, upholding Section 2 of the Voting Rights Act, could spark legal challenges to our state’s local and state election systems going forward.
In our state, the Election Code mandates that general and special elections be held on one of the uniform election dates: the first Saturday in May, or the Tuesday after the first Monday in November. Although the code allows for elections to be held “on-cycle” (when state and federal elections occur), many local school board and city council elections are still held in May rather than November.
The timing of elections significantly impacts voter turnout. Experts, like political scientist Sarah F. Anzia, argue that the date of an election is the single greatest factor impacting voter turnout and composition. Other states recognize this and have adjusted their local elections accordingly. New York recently joined California, Arizona and Nevada in moving off-cycle local elections to coincide with statewide and national elections. These states point to increasing voter turnout and opportunity, specifically minority turnout, as the reason for the shift.
Fewer than 25% of Americans vote in elections for their local mayor and city council members, and turnout in off-cycle local elections averages over 30% lower than local elections held during presidential elections. In Texas, the situation is even more alarming. This past May, several major counties could not even reach 10% voter turnout.
All voting systems should aim to increase voter participation, and off-cycle elections especially warrant particular attention due to their disproportionate impact on minority voters. When off-cycle elections are moved on-cycle, minority groups increase their share of the electorate by up to 10 percentage points. Moreover, when local elections coincide with presidential elections, a larger share of voters come from families earning under $30,000 annually, while the share of voters earning more than $100,000 decreases.
When local elections are synchronized with national or statewide elections, the election date garners greater attention and accessibility across all voter groups. Conversely, off-cycle elections result in lower participation by large portions of eligible voters, and minority groups are disproportionately affected.
The past decade of social science research establishes that off-cycle elections undeniably affect voter participation and the makeup of voters who turn up at the ballot box, producing a voter pool that is not representative of the entire community.
As the courts have recognized, factors such as homeownership, education and income are strongly associated with voter turnout. Racial disparities in those factors can therefore contribute to racial disparities in political participation as well.
Although there may have been legitimate concerns in the 1800s and early 1900s that prompted off-cycle elections, such as the desire to separate local races from corrupt and partisan elections held at the federal and state level, there were also more problematic reasons aimed at discouraging voter participation from certain demographics.
Many local Texas communities, with a long history of racial discrimination, still experience disparities in wealth, education and homeownership. It is evident that under the totality of circumstances, off-cycle elections violate Section 2 of the Voting Rights Act. This was not a direct argument in Allen vs. Mulligan, but the case is instructive on many levels: It fosters the belief that voting rights should be protected and any barriers to equal opportunity should be eliminated. And with such a viable alternative of switching to on-cycle elections, there is no reason for this practice to persist where minority groups already struggle to make their voices heard.
Our institutions work best when they are welcoming and inclusive. Texas should embrace the learnings of the recent Supreme Court decision — and awaken to the many ways in which the Voting Rights Act can be used to foster political opportunity.
NBC DFW Reports on Voting Rights Settlement, Brewer Storefront
August 23, 2023 – NBC DFW reported on Brewer Storefront reaching a positive outcome with the Lewisville Independent School District (LISD) in a voting rights lawsuit against the district. NBC interviewed Dallas Morning News education reporter Talia Richman about the case and its importance to the community.
Richman noted that the lawsuit alleged the school board’s at large elections resulted in a primarily white Lewisville ISD school board and denied some people of color the opportunity to elect candidates of their choosing. Richman stated that, “The law firm, the Brewer Storefront, has been taking these cases on in suburban districts across North Texas.” She mentioned how the Storefront has brought Voting Rights Act lawsuits against the Richardson and Irving school districts and, “a whole host of districts, that all employed this at large system saying instead of having everyone elect each seat you should have districts based on where you live.” Those school districts and others adopted election systems that included single member districts and minority “opportunity” districts in which a majority of voters are people of color. As a result, minorities have been elected to the school boards in those communities.
Speaking of school boards across North Texas and the importance of their composition, Richman said, “These are the people who are making huge decisions, they’re hiring the superintendent, and they’re setting the budget. We’ve seen how much political infighting has taken place on school boards when it comes to these education culture wars. So they’re saying we really have to make sure that representatives match the makeup of the student body in Texas, which is increasingly becoming more diverse.”
Learn more about the Brewer Storefront’s voting rights work here.
Lewisville Independent School District Agrees to Provide District with Greater Political Opportunity
August 18, 2023 – The Brewer Storefront (“Storefront”) announced a settlement with the Lewisville Independent School District (“Lewisville ISD”) of the Voting Rights Act lawsuit it filed against the school district last year on behalf of plaintiff Paige Dixon. The outcome comes nearly three years after the Storefront sued Lewisville ISD under the Voting Rights Act. The Storefront is the community-service legal affiliate of Brewer, Attorneys & Counselors.
The agreement resolves all claims against Lewisville ISD. All seven members of Lewisville ISD’s school board are currently elected at-large. The agreement provides for a new electoral system consisting of five single-member districts and two at-large districts. The new election system will include at least one single-member district comprised of a majority of eligible minority voters – paving the way for greater political opportunity in one of the largest and most diverse school districts in North Texas.
“This is an important outcome for our client, the school district, local voters, and all who believe our political systems work best when they are inclusive,” says William A. Brewer III, partner at Brewer Storefront. “We applaud the Lewisville ISD school board for agreeing to adopt an electoral system that provides voters of color a fair opportunity to elect candidates of their choosing. We hope the board’s actions are instructive to other school boards and elected bodies.”
Eligible voters residing in each of the five single-member districts will vote for candidates running in that district in which the candidates also reside. The candidates who run for the two at-large seats may live anywhere within the school district. A public hearing to discuss the framework is scheduled for August 28, 2023.
Lewisville ISD is a very diverse school district. According to the Texas Education Agency, as of the 2021-22 school year, the school district enrolled 49,113 students. The majority-minority student body was 36.6% white, 30.7% Hispanic, 15.7% Asian, 12% African American, and 4.6% two or more races. About 33.6% of students were economically disadvantaged and 19.6% were English learners.
This lawsuit had become among the most closely followed cases of its kind. In 2020, a similar lawsuit against LISD was dismissed by a judge who found that the plaintiff, Frank Vaughan, who is white, lacked standing. That decision did not speak to the merits of the argument or whether LISD’s voting system complied with the Voting Rights Act.
“I applaud the pursuit of the prior case – in the interest of the school system and the community it serves,” says Dixon, who is African American. “I appreciate the work of the Storefront and its commitment to this issue, even as it had to travel a long road to secure this outcome. The school board’s decision to change the election system is admirable as well, especially to those of us who believe in the promise of LISD and its future generations. A new day has finally arrived at LISD.”
The Brewer Storefront successfully resolved Voting Rights Act cases with the Richardson Independent School District in 2019, Carrollton-Farmers Branch Independent School District in 2015, Irving Independent School District in 2014, and the Grand Prairie Independent School District in 2014. Those school districts now utilize remodeled voting systems to elect school board trustees. The Storefront also secured trial victories in Voting Rights Act cases against the City of Grand Prairie in 2015, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
Joining Brewer in representing Ms. Dixon were Senior Associate Gizem Petrosino, Associate Malvina Palloj, and Public Affairs Manager Katherine Leal Unmuth.
About Brewer Storefront, PLLC:
Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. Visit www.brewerstorefront.com.
Best Lawyers Names Senior Associate Gizem Petrosino to 2024 "Ones to Watch" List
August 17, 2023 - Senior Associate Gizem Petrosino has been selected to the fourth edition of the 2024 Best Lawyers "Ones to Watch" in America list. Petrosino earned the recognition in the practice area of Labor and Employment Litigation.
Using a peer review methodology, Best Lawyers: Ones to Watch recognizes relatively younger attorneys for their outstanding professional excellence in private practice. The recipients have typically been in practice for five to nine years. Candidates are nominated, and then go through a rigorous peer review process before being nationally recognized.
Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in the publication signals not only legal expertise but also ethics and professionalism of the highest caliber.
Petrosino's practice focuses on complex commercial, construction, intellectual property, securities and employment litigation. She has achieved early dismissals and dispositive motion awards, in addition to negotiating favorable settlements for clients. She has admissions in both New York and Texas and has practiced extensively in both jurisdictions and numerous federal and state courts across the nation.
Business Today Names Cecelia Fanelli A Top Hospitality Lawyer for 2023
July 17, 2023 - The online business news publication Business Today has named Brewer Partner Cecelia Fanelli one of the Top 10 Most Influential Leisure and Hospitality Lawyers Across the USA.
Business Today states of the top named hospitality lawyers that, "With an in-depth understanding of both domestic and international laws, these lawyers embody expertise and dedication. Possessing a wealth of experience in their respective domains, they provide their clients with valuable advice and guidance. The list below comprises some of the most prominent Leisure & Hospitality lawyers in the United States who are known for their impressive professional capabilities."
The recognition notes that Fanelli, “focuses her reputed practice on dispute resolution for hotel owners and lenders. Known for her involvement in large cases and additional expertise in labor, employment issues, and environmental matters, Cecelia is a recommended hospitality litigator.”
Fanelli is a partner in the New York office and has decades of experience in litigation and dispute resolution, practicing across the country in federal and state trial and appellate courts. She has been lead counsel in numerous domestic and international arbitrations. Ms. Fanelli is also regularly chosen to serve as an arbitrator in high stakes arbitrations, particularly in the hotel, lending, and real estate industries. Her practice involves a variety of complex commercial litigation matters, with an emphasis on matters relating to the hotel and real estate industries. Since 2011, she has been ranked by Chambers USA in the Leisure & Hospitality, Nationwide category.