Vault Names Brewer, Attorneys & Counselors to 2025 “Top 150 Under 150" List
July 12, 2024 – Brewer, Attorneys & Counselors has been named to Vault's 2025 "Top 150 Under 150" list of leading small and midsize law firms.
The annual list recognizes firms with 150 lawyers or less that "deliver big results." The firms highlighted are determined by analyzing peer feedback, survey data, other published rankings, news stories, trade journals, and other legal publications.
The Brewer firm was also named to Vault's 2023 and 2019 "Top 150 Under 150" lists, as well as to its 2017 "Best Law Firms in Texas" list.
Above the Law reported on the national award, stating that Brewer was among the most "recognizable" firms on the list. Read the report here.
Let's Applaud the Mississippi Court for Confirming Private Right of Action in Voting Rights Act Cases
July 11, 2024 - Brewer Storefront applauds a three-judge panel in the U.S. District Court for the Southern District of Mississippi for upholding a private right of action to sue under Section 2 of the Voting Rights Act in Mississippi State Conference of the NAACP v. State Board of Election Commissioners.
The Storefront is the community service affiliate of the law firm, Brewer, Attorneys & Counselors. The Storefront recently launched the Texas Voting Rights Initiative (TVRI).
The Mississippi judges ruled in favor of the NAACP and numerous Black voters in a case concerning Republican-drawn state legislative maps. The court properly noted that “few congressional enactments have had a more profound effect on the country than the Voting Rights Act of 1965, and a large percentage of the enforcement actions under the Voting Rights Act have been brought by private individuals…”
Mississippi falls within the Fifth Circuit Court of Appeals, which also covers Texas. Importantly, the Fifth Circuit has held that Section 2 of the Voting Rights Act does provide a private right of action, and this Mississippi three-judge panel embraces the wisdom of that holding. This right of action has been acknowledged in hundreds of cases at the federal district level, and many times at the Supreme Court.
“The Mississippi court should be commended for validating that individuals may continue to serve as plaintiffs in Voting Rights Act cases,” Storefront Partner William A. Brewer III said. “It is critical that Black voters and other voters of color be empowered to challenge discriminatory election systems where they exist. Otherwise, these voters will be silenced and their rights suppressed.”
Late last year, a three-judge panel in the Eighth Circuit Court of Appeals found in a 2-1 decision in a redistricting case filed in Arkansas that only the federal government can bring a Section 2 voting rights challenge. That case was brought by the Arkansas State Conference NAACP and others.
“Unfortunately, judges in the Eighth Circuit removed the rights of individual voters in those seven states to bring lawsuits asserting their voting rights,” Brewer said. “We believe the private right of action should ultimately be restored in order to continue to ensure that voters of color in the United States are guaranteed a fair opportunity to elect candidates of their choosing.”
The Storefront has brought many successful voting rights cases on behalf of private individual plaintiffs; these cases spur election reform in districts across Texas and help minority communities elect the officials they choose to numerous school boards and city councils.
In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The Storefront currently has pending cases challenging at-largeelection systems used to elect school boards in the Pearland Independent School District, Humble Independent School District, and Angleton Independent School District in Texas.
Bloomberg Law and The Dallas Morning News Report on $60 Million Shareholder Settlement with Biote
July 8, 2024 – Bloomberg Law and The Dallas Morning News report that Biote reached a $60 million settlement with Brewer, Attorneys & Counselors client and Biote shareholder Marci Donovitz in a lawsuit over its merger with a special purpose acquisition company, also known as a “SPAC” or “blank check company.”
Bloomberg Law reported that Donovitz alleged her shares in the hormone therapy company were diluted by the deal. The article reported that the company will buy back her shares over a three-year period, with $30 million paid upfront. Bloomberg reports that the lawsuit filed in Delaware Chancery Court alleged that Biote company insiders benefited from the transaction with Haymaker Acquisition Corp. III that delivered almost no cash to the company.
“This settlement validates our client’s claim that the transaction was a scheme to enrich a few company ‘insiders’ – and reward them with financial and managerial benefits to which they were not entitled,” William A. Brewer III, a partner at the Brewer firm, said in a statement quoted in the media reports.
The Morning News report noted that as part of the settlement, Biote will be forced to repurchase all 8.3 million of Donovitz’s shares at $7.23 each.
The Morning News article observes that SPACs were once a very popular way for companies to go public but have faced scrutiny from the Securities and Exchange Commission in recent years.
Read the Bloomberg Law report here and The Dallas Morning News report here.
Biote Shareholder Achieves $60 Million Settlement of Breach of Fiduciary Duty Claims
July 3, 2024 – Brewer, Attorneys & Counselors announced today that its client, Marci Donovitz, reached a $60 million settlement with the company. The settlement resolves a lawsuit alleging that Biote executives breached their fiduciary duties by channeling the hormone therapy company into a speculative transaction with a special purpose acquisition company (“SPAC”) which provided almost no cash for the merger.
The lawsuit was filed by Ms. Donovitz on June 5, 2024, against defendants Biote CEO Teresa “Terry” Weber, Biote Executive Chairman Marc Beer, Biote General Counsel Mary Elizabeth Conlon, Haymaker Sponsor III LLC, Steven J. Heyer, and Cooley LLP. Haymaker was the SPAC sponsor for the transaction and Cooley advised those involved with the deal. Ms. Donovitz is the trustee of the Donovitz Family Irrevocable Trust and a BioTE Holdings, LLC shareholder.
The lawsuit alleged that “Defendants knew for months that astronomical redemptions would eviscerate almost all the cash raised by the SPAC and would cause the transaction to be destructive of value. Nonetheless, Defendants proceeded with their scheme to enrich themselves.” The lawsuit further alleged that as part of the transaction, defendants improperly diverted $70 million from the deal to Biote executives and $135 million in cash and stock in total to all defendants.
“This settlement validates our client’s claim that the transaction was a scheme to enrich a few company ‘insiders’ – and reward them with financial and managerial benefits to which they were not entitled,” says William A. Brewer III, partner at Brewer and counsel to Ms. Donovitz. “Our client hopes this outcome lights a path for those victimized by similar deals. This case underscores the rights of those too often viewed as pawns in these speculative pursuits.”
As explained in the underlying lawsuit, filed in The Court of Chancery of The State of Delaware, a SPAC – also known as a “blank check company” – is a shell company set up by a sponsor that goes public without an operating business to raise funds, but with a plan to find a target private company with an operating business with which it would merge within a fixed period, usually two years.
Ms. Donovitz is the ex-wife of Biote founder Dr. Gary Donovitz, who the lawsuit contends was tricked into waiving a minimum cash closing condition just days before the SPAC deal was completed on May 26, 2022.
As has been publicly reported, Biote was a defendant in a separate lawsuit filed by Dr. Donovitz regarding the SPAC deal. As reported, in February 2024, Biote disclosed it agreed to buy back nearly $77 million of Dr. Donovitz’s stock to settle the matter.
In addition to breaches of fiduciary duties, the lawsuit by Ms. Donovitz also alleged that defendant Biote executives negligently “misled Plaintiff’s trustee regarding the likely impact of this Merger on the value of her shares, failed to disclose material information regarding the risks of this SPAC transaction (including the possibility that it would provide virtually no cash), and failed to disclose that these risks had materialized.”
Under the terms of the settlement with Ms. Donovitz, Biote will repurchase all of the approximately 8.3 million shares she owns. At an average of $7.23 per share, the payout will occur over a three-year schedule: approximately 4.1 million shares valued at $30 million immediately, followed by 1.4 million shares valued at $10 million for each of the next three years.
Lights, Camera, Action! Brewer Summer Program Profiled by Law 360
June 25, 2024 – Law 360 showcased the Brewer firm in its article, “Small Firms Put Unique Spin on Summer Associate Programs.” The article notes how the Brewer summer program provides participants with real-life experience, networking opportunities, and social activities.
Firm partner Will Brewer says, “We had the law clerks and even the college interns working on substantive stuff, preparing for depositions, attending depositions, taking notes in meetings, going to court if that arises," he said. "We're just trying to give them a good experience, not just watching but also contributing to the end product and really working on the case."
As Law 360 reports, Brewer's [summer] program is also unique in that it takes not just law students but also MBA students who work with the firm's business consultants, and undergraduate public relations and communications majors who work with the firm's public affairs managers.
"It's big, but it's super fun," Brewer said. "And it kind of gives people a chance to shadow and work with the people who they would potentially want to step into their role one day."
Click here to read the full article.
Houston Chronicle Reports on Voting Rights Lawsuit Against Angleton ISD
June 27, 2024 – The Houston Chronicle reports that Brewer Storefront filed a lawsuit on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that it is violating the Voting Rights Act of 1965 and denying fair representation to Hispanic voters by using an at-large election system to elect trustees.
The article notes that Brewer Storefront is the advocacy arm of Brewer, Attorneys & Counselors. In a statement, William A. Brewer III, founder and partner at Brewer Storefront, said the at-large election system used by the district denies Hispanic voters a fair opportunity to elect school board candidates of their choosing.
“Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District," Brewer said in a statement.
As reported, the lawsuit points to a lack of diversity among Angleton ISD’s school board and teachers, and an achievement gap between white and Hispanic students. The article reports that the lawsuit says that based on the district’s demographics, there should be at least one Hispanic board member. Jaso, a Mexican American, ran for Position 6 on the school board in May 2021 and lost to a white candidate.
"Hispanic candidates who run for the Board are disadvantaged due to the at-large voting system, which illegally dilutes the votes of ethnic minorities," the lawsuit reads. "Hispanic children, who are the majority of AISD students, are failed by this system and the Board."
To read more, click here.
Lawsuit Claims Angleton ISD Electoral System Violates Voting Rights Act of 1965, Harming Academic Outcomes for Hispanic Students
Dallas, Texas…June 26, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 and denies fair representation to Hispanic voters. The filing is part of the Texas Voting Rights Initiative (TVRI) and a broader effort to address voting rights and systemic inequality in educational outcomes in Texas public schools.
Angleton is located about an hour south of Houston. Filed in the United States District Court for the Southern District of Texas, Galveston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choosing. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
As the complaint states, an alarming achievement gap exists within AISD schools. Although nearly 60% of white students met grade level across all subjects and grades tested in 2022-23, only 46% of Hispanic students, 39% of African American students, and 40% of English Learners met grade level.
The complaint states that, “This persistent gap highlights unequal educational outcomes, with students of color and economically disadvantaged students lagging behind their white peers on academic measures tracked by the Texas Education Agency. Meanwhile, white students are set up for success by the majority white Board and the white superintendent.”
As the complaint alleges, none of this is a surprise. Hispanic children are also disproportionately assigned to a high enrollment elementary school, Westside Elementary School. In 2022-23, almost 76% of Westside students were Hispanic. The school enrolled 1,003 students – far higher than any of the district’s other elementary schools, which ranged in enrollment from 313 to 528 students—many with significantly higher expenditures per student than at Westside.
The lawsuit alleges that – based on the district’s demographics –one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cites Hispanic candidates who ran for the board in recent years—and lost— including plaintiff. Jaso—a Mexican American—ran for Position 6 on the AISD Board of Trustees in May 2021 and lost to a white candidate.
“The at-large election system used by Angleton ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who reflect their educational priorities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Laura Jaso. “The suit seeks the court-ordered adoption of a single member district voting system to ensure political opportunity to Hispanic voters.”
Brewer added, “Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District. It is shameful that so many Hispanic students are being funneled to an overcrowded elementary school, where many are not being educated to grade level.”
In March 2024, Brewer Storefront launched the TVRI, a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The Storefront sent warning letters to 11 school districts on March 6, including Angleton ISD, advising that it is violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority. This is the second lawsuit brought under the TVRI initiative; Brewer Storefront filed a voting rights lawsuit against Humble Independent School District on May 9, 2024.
“The school district, through the lawyers, is defending the current at-large system that disenfranchises Hispanic voters,” Brewer said. “The school board is clinging to an antiquated electoral system that does not reflect the demographics of the community or the needs of its students.”
As of the 2022-23 school year, AISD enrolls about 7,000 students. Students of color comprise more than 67% of the AISD student body, and 51.5% of students are Hispanic.
Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area.
The lawsuit alleges that, “The AISD’s Hispanic population is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the CVAP.”
The lawsuit continues, “Further, Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”
Jaso received a master’s degree in engineering from The University of Alabama and a bachelor’s degree in applied technology from Brazosport College. Her eldest daughter attended AISD schools.
“I am bringing this lawsuit because I feel that the leadership of Angleton ISD does not value the priorities and concerns of the Hispanic community,” Jaso said. “The entire community benefits when the electoral process is inclusive and reflective of those it serves. Equal and fair representation is the cornerstone to growth and prosperity in our education system.”
The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions.
The Storefront successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, 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.
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. The Texas Voting Rights Initiative (TVRI) is a Storefront initiative. Visit www.texasvotingrights.com.
Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront
Phone: 214.653.4832
E-mail: kunmuth@brewerattorneys.com
The Dallas Morning News Reports on Brewer Foundation Future Leaders Program (FLP)
June 14, 2024 – The Dallas Morning News reports on the Brewer Foundation Future Leaders Program (FLP) holding a session on mental health for FLP high school students participating in the program’s summer camp.
Founded in 2001, the Future Leaders Program (FLP) provides academic resources and leadership training to deserving students from the Dallas Independent School District (DISD).
Instructor Mayra Salinas-Godsey, an FLP graduate who now works at New York University, taught the class, “Rise & Thrive: Building Mental Strength for College Success and Beyond.” The course is intended to assist students with anxiety about applying for and transitioning to college.
“So like most of you, I know, are first-gen or second-gen,” Salinas-Godsey told the students. “We’re pioneers for our family. We are doing things that they may not have ever experienced before. It’s a little scary.”
FLP intern and graduate Erica Salazar, now a student at Northwestern University, said she advises her peers to give themselves grace.
“I know a lot of these students are top A students, like the top of their class, and they’re doing the best that they can do … but once you’re in college, it’s completely different,” Salazar said. “And if you’re doing your best and you still somehow end up stumbling across a small obstacle, it’s OK. It’s OK to feel stress, and it’s OK not to be OK. Don’t be too hard on yourself.”
Read more here.