Star-Telegram Reports on Keller ISD, Potential Brewer Storefront Legal Challenge

January 24, 2025 – The Fort Worth Star-Telegram reports today on emerging legal issues within the Keller Independent School District. The reporting chronicles the work of the Brewer Storefront, the legal community service affiliate of Brewer, Attorneys & Counselors, and notes the Storefront’s many successful cases under the Voting Rights Act.

As reported, “At issue is the district’s [Keller ISD] at-large places in which voters select candidates from across the district to fill open school board seats. Some experts believe at-large elections unfairly favor majority voting blocs and therefore violate the Voting Rights Act of 1965, which was established to ensure all registered voters have an equal voice.”

The alternative would be a single-member system in which voters elect representatives from subdistricts within the larger district. Over the past several years, legal challenges based on interpretations of the Voting Rights Act have pushed at least five North Texas school districts to change their electoral systems, says the article.

William Brewer, founding partner of Brewer, Attorneys & Counselors, said several Keller school district residents had reached out to his firm about challenging the election rules. Those inquiries were in response to a recent proposal to split the district in half, using Denton Highway as the dividing line. The plan was met with overwhelming opposition from parents at a Jan. 16 board meeting. The next public hearing is scheduled for Jan. 30.

Brewer’s firm has successfully initiated the move away from at-large voting in the Lewisville, Richardson, Carrollton-Farmers Branch, Irving and Grand Prairie school districts. He said he plans to file the lawsuit within 45 to 60 days.

“The law says in order to force a change, you need to establish preconditions,” Brewer said. “You have to show that voting is polarized — that whites are voting for whites, Hispanics prefer voting for Hispanics and Blacks are voting for Blacks. Then you have to be able to draw districts around subgroups that are contiguous and compact. Those preconditions seem to be present in Keller.”

Read more here.

A New Year, A New Chapter: Brewer Firm Concludes Landmark Representation of the National Rifle Association

December 24, 2024 – This holiday season, as we reflect on past accomplishments and look forward to the many opportunities we will pursue in 2025, we wish to congratulate the National Rifle Association on its successful and determined efforts to protect its independence against existential threats, immense odds, and unprecedented government lawfare.

When the Firm began its work for the NRA in 2018, the nation’s oldest civil rights organization faced a barrage of regulatory investigations, sweeping congressional inquiries, and a debanking campaign.  Politicians gloated about plans to force the NRA out of existence, target its donors, and silence its defense of freedom.

With resolve befitting its mission, the NRA stood and fought.

Six years later, the NRA still stands – and so do the freedoms for which it has long fought. The Firm is proud it represented the NRA in its blockbuster 9-0 Supreme Court victory, its defeat of the NYAG’s “corporate death penalty” and compliance-monitor claims, its separation from corrupt vendors, and dozens of other matters.   

The greatest reward of this work arrives now: with major litigation threats defeated, the Firm’s work is nearly done.  We wish the Association a joyous holiday, a bright new year, and another century of successful constitutional advocacy.   

Having won these wars, the NRA can now go forth and “win the peace.”  We look forward to watching, and wish the Association well.

Despite Injunction, Biote Continues to Misappropriate Name, Image or Likeness of Actress Cindy Latch

December 10, 2024, Dallas, Texas – A Dallas County court entered an injunction today prohibiting Biote Medical, LLC and its affiliated practitioners from using the name, image, or likeness (“NIL”) of actress Cindy Latch without her consent. Brewer, Attorneys & Counselors sought the injunction after filing a lawsuit on behalf of Latch regarding Biote’s repeated unauthorized use of Latch’s NIL. 

Entered by the 101st Judicial District, Dallas County, Texas, Judge Staci Williams finds that Latch made a threshold showing that she “suffers immediate and irreparable injury” due to Biote’s misappropriation of her NIL.

During a hearing on December 9, Latch introduced evidence that dozens of practitioners continue to misappropriate her NIL on their websites even after her contract with Biote ended in February 2021. These sites are engaged in the continued “impermissible use” of her image and likeness. The order states, “…the Court finds the existence of a wrongful act on behalf of Biote, and the presence of imminent harm flowing from Biote’s invasion of Plaintiff’s privacy by misappropriation of Plaintiff’s image.”

The court previously entered a Temporary Restraining Order on November 25. However, since that date, Biote has failed to protect Latch’s personal brand or compensate her for Biote’s continued unauthorized use of her NIL. With Latch as a centerpiece of Biote’s national marketing effort, the company recently reported annual revenue of approximately $200 million.

“The evidence continues to mount in support of Ms. Latch’s claims:  Biote and its affiliates continue to misappropriate Latch’s name, image or likeness in violation of her rights,” says William A. Brewer III, counsel to Ms. Latch. “This case is a beacon for those victimized by the cavalier misappropriation of their personal brand.”

The Lawsuit

Filed on November 15, 2024, in Dallas County, the lawsuit alleges breach of contract, invasion of privacy by misappropriation, negligence, and violation of the Texas Deceptive Trade Practices Act, among other violations of various state acts protecting Latch’s right to control her NIL. Latch seeks injunctive relief as well as damages exceeding $10 million.

Latch, a highly regarded actress and infomercial host, has appeared in commercials for many major brands, including Chase Bank, AT&T, and American Airlines.  According to the lawsuit, “Plaintiff, like all other actresses, does not allow her image and likeness to be used for free.” Latch asserts that, “[w]ithout strict enforcement of her contractual agreements and privacy rights, [Latch] knows that her brand loses its value.”

The lawsuit alleges that Latch filmed her Biote commercials in 2013. At that time, she entered into an Image Usage Contract with Biote detailing the cost of using her NIL. The contract automatically renewed annually and Latch was paid from 2013 through 2021. 

According to Latch, in 2021 Biote refused to honor the contract terms, while continuing to use her image and likeness in its national corporate marketing. In March 2021, Latch sent Biote CEO Terry Weber an invoice, as well as links to Biote-affiliated websites, confirming Biote’s continued use of her image. Two months later, Biote Chief Digital Officer Kevin Key told Latch that Biote was no longer using her likeness and that any continued use by others was not the company’s responsibility.  

In September 2024, Latch again contacted Weber and asked Biote to cease use of her image. However, in blatant disregard of Latch’s repeated requests, she continues to play a starring role in Biote corporate marketing to this day. During the December 9 hearing, Latch introduced exhibits that illustrate the national reach of these violations.

The lawsuit states that, “While in breach, Biote evaded Ms. Latch’s requests to remove her image from Biote affiliated websites. Further, Biote refused Ms. Latch payment for the use of her image in accordance with the renewal terms of the contract.”

Brewer confirmed that at least 75 practitioners continue to use Latch’s NIL in promotional materials. This continues despite the TRO issued in November.

“We suspect there could be thousands of Biote partners continuing to use her image and likeness,” says William Brewer. “Our client’s brand is her currency, and she will pursue all remedies to which she is entitled.” 

In addition to Mr. Brewer, Latch is represented by Brewer associates Joshua Harris and Nicholas Cacciarelli.

Biote Faces Claims for Misappropriating Name, Image or Likeness of Actress

Dallas, TX…November 21, 2024 – A lawsuit filed by Brewer, Attorneys & Counselors client and actress Cindy Latch in Dallas County court alleges that Biote Medical, LLC and its affiliated practitioners used Latch’s name, image, or likeness (“NIL”) to promote the company without Latch’s consent.

The case, which provides insights into often misunderstood NIL arrangements, is the latest in a string of high-profile lawsuits involving Biote and its executives. The complaint alleges that Biote continues to leverage Latch’s NIL to promote the company’s hormone therapy products without compensating her and in violation of her legal rights.

Filed on November 15, 2024, in Dallas County, the lawsuit alleges breach of contract, invasion of privacy by misappropriation, negligence, and violation of the Texas Deceptive Trade Practices Act, among other violations of various state acts protecting Latch’s right to control her NIL. Plaintiff seeks injunctive relief to restrain Biote, its affiliates, and practitioners from using her likeness to further the company’s business. The lawsuit also seeks damages in excess of $10 million.

Latch, a highly regarded actress, has worked as an infomercial host, appearing in commercials for many major brands, including Chase Bank, AT&T, and American Airlines. According to the complaint, Latch notified Biote that it was improperly using her likeness even though its right to do so had expired.

“Our client’s currency is her personal brand,” says William A. Brewer III, partner at Brewer and counsel to Ms. Latch. “As is customary, she entered into an agreement to allow Biote to use her image and likeness. Unfortunately, Biote continues to use Plaintiff's personal brand while simultaneously denying her just compensation.”

The lawsuit says, “Plaintiff, like all other actresses, does not allow her image and likeness to be used for free.” Latch seeks to ensure that Biote abides by its agreements and concludes that, “Without strict enforcement of her contractual agreements and privacy rights, Plaintiff knows that her brand loses its value.”

The lawsuit alleges that Latch filmed the Biote appearance in 2013. She entered into an Image Usage Contract with Biote, laying out terms that include the cost of use. The contract was automatically renewed, and Latch was paid from 2013 through 2021. According to the complaint, this is when the trouble began.

Latch alleges that in 2021, Biote began refusing to honor the contract terms, and yet continued to use her image and likeness in its corporate marketing. In March 2021, Latch sent Biote CEO Terry Weber an invoice and links to Biote-affiliated websites – to confirm the continued to use her image.

According to the lawsuit, two months later, in May 2021, Biote Chief Digital Officer Kevin Key told Latch, untruthfully, that Biote was no longer using her likeness and that any continued use was not the company’s responsibility.

Key wrote to Latch that, “You’ve been erased from existence inside the Biote walls, your image or any likeness thereof has been permanently deleted.”

In September 2024, Latch again contacted Weber and asked Biote to cease use of her image. As of today, several certified Biote providers and practitioners are still using Latch’s NIL to promote the sale of Biote’s products. Plaintiff plays a visible and starring role in Biote corporate marketing:  the lawsuit includes links to footage of the commercial branding in question. 

The lawsuit states that, “While in breach, Biote evaded Ms. Latch’s requests to remove her image from Biote affiliated website. Further, Biote refused Ms. Latch payment for the use of her image in accordance with the renewal terms of the contract.”

Miami Herald Reports on Lawsuit by BAC Client Lourdes Castillo Against Dori Foster-Morales

November 1, 2024 – The Miami Herald reports today on a lawsuit by Brewer client Lourdes Castillo against former Florida Bar President Dori Foster-Morales and her law firm. As reported, Castillo alleges that the firm’s legal malpractice, breach of contract and breach of fiduciary duty in connection with her divorce proceedings cost her more than $1 million.

“The complaint says it all: when our client’s divorce proceedings became complex and contentious, she retained defendants to protect her interests,” said Brewer partner William A. Brewer III. “Unfortunately, defendants were regularly unprepared for key court and arbitration events, caused Ms. Castillo to unwittingly waive substantial rights, and abandoned her during the most important time of her life.”

Brewer told the Herald, “defendants do not appear to dispute any of the claims and allegations against them – choosing instead to peddle a false narrative about fee arrangements involving a former client. Ms. Castillo is shocked by the conduct and the notion that a law firm would so blatantly disregard its professional obligations.”

Famed Texas Company AmeriTex Faces Lawsuit for Allegedly Falsifying Projections and Breaching Its Obligations to Equity Holder

Dallas, TX … October 3, 2024 – Brewer, Attorneys & Counselors announced today that its client, a former C-Suite executive of AmeriTex Holding, LLC (“AmeriTex”), the parent of AmeriTex Pipe & Products, filed claims against the company, its CEO Kevin Thompson, and director Thomas Murphy, alleging that key executives conspired to contrive financial information to avoid paying him “fair value” for his stake in the company. The filing also names the national accounting firm Marcum LLP and the law firm Kelly Hart & Hallman – both of which allegedly played a role in the claimed conspiracy.

Filed in the 456th Judicial District of Guadalupe County, Texas, on October 3, 2024, the claims lay bare the inner workings of a scheme to deny the executive, Christopher Podlasek, financial benefits to which he is entitled by creating phony projections which understate the multi-billion value of AmeriTex. According to the filing, defendants “manufactured a set of false financial projections (that wildly diverged from the projections AmeriTex recently used in the ordinary course of its business) to avoid paying Podlasek for his 1.5% equity interest.”

Founded in 2009, AmeriTex manufacturers water drainage products used in commercial construction and public works projects. The company rose to prominence as the largest player in Texas’ reinforced concrete pipe industry – which is key to the state’s exploding infrastructure needs and accounts for more than $1.2 billion in economic output.  According to the company, its three campus operations are larger than all its competitors’ storage areas combined.

The lawsuit claims that the phony financial projections were created at the same time AmeriTex presented differing, bullish forecasts to the most significant credit rating agencies in the world, including S&P and Moody’s, multinational financial institutions Bank of America and U.S. Bancorp, and institutional investors when it raised $530 million in an October 2023 high yield bond offering.  Months later, AmeriTex used the same bullish outlook to secure a new $155 million credit facility from Bank of America.

“Our client believes he was victimized by a scheme to avoid paying him ‘fair value’ for his stake in the company he helped build,” says William A. Brewer III, partner at Brewer and counsel to Mr. Podlasek. “Apparently, AmeriTex and its principals seek to keep financial benefits to which they are not entitled. Lost in the story of this Texas company is the way it attempted to devalue its worth and what it owes a former member of the company. It’s a disturbing tale for those in Texas who have witnessed AmeriTex secure state-funded projects, dominate key markets, and realize astronomical growth.”

The legal claims allege that AmeriTex recruited Podlasek to be Chief Financial Officer during a time of fiscal turmoil – to help it stabilize its back office and finance function, raise capital, and open new facilities. He did so successfully. During Podlasek’s tenure, AmeriTex grew its annual revenue from approximately $100 million to over $320 million. It also secured massive projects and embarked upon new markets – earning a glowing endorsement from Texas Governor Greg Abbott.

Best Lawyers Names Senior Associate Gizem Petrosino to 2025 "Ones to Watch" List

August 15, 2024- Senior Associate Gizem Petrosino has been selected to the fifth edition of the 2025 Best Lawyers "Ones to Watch" in America list. Petrosino earned the recognition in the practice area of Labor and Employment Litigation for the second consecutive year. She was also selected for the 2024 "Ones to Watch" list.

Using a peer review methodology, Best Lawyers: Ones to Watch recognizes 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. 

New York Sun Editorial Highlights NRA Legal Success

August 1, 2024 – The New York Sun published an editorial today, “New York’s Gift to the NRA,” that chronicles the “volley of victories” achieved by Brewer client, the NRA. The editorial reports that a New York judge “rebuffed the effort by Attorney General Letitia James to impose a ‘monitor’ on the NRA, which she’d earlier sought to dissolve.”

The editorial also comments on the NRA’s recent unanimous victory before the U.S. Supreme Court – in response to a financial “blacklisting campaign” undertaken by former New York state financial regulator Maria Vullo.

The Sun writes, “These victories couldn’t be more timely” as America nears the upcoming election.