Brewer Firm Congratulates NRA on Historic Victory in NYAG Litigation

December 11, 2024 – Brewer, Attorneys & Counselors commented today on the NRA’s historic resolution of a multi-year legal battle with New York Attorney General Letitia James. Brewer has represented the NRA since 2018, in connection with the NYAG’s efforts to “eliminate the Association” – which today’s judgment favorably resolves. 

Alongside a unanimous Supreme Court victory this summer, this final judgment marks another high-profile, historic victory in the firm’s representation of the gun group. 

Following a year-long investigation, NYAG James sued to dissolve the Association and seize its assets in August 2020. After the NRA defeated the NYAG’s “corporate death penalty” claim, James sought a court-appointed monitor to oversee the gun group. The court rejected that request this summer. Today, a final judgment was entered that is tailored to compliance and governance measures in the NRA’s interest – many proposed by the NRA itself, and several of which were already underway at the Association. 

The NRA pays no fines or penalties under today’s judgment. Instead, the judgment entitles the NRA to collect millions of dollars from two former executives found to have breached their duties. In sum, following over a month of trial proceedings, Justice Joel Cohen denied all invasive relief sought by the government.

“It was a privilege to be part of this historic, multi-year defense of freedom,” says NRA counsel William A. Brewer III. “Board leaders confronted the ultimate challenge and threat. They deserve credit for standing firm to protect the Association, its mission to defend constitutional freedoms, and the rights of millions of members. The goal from day one was that the NRA remain free to chart its course.”

The judgment caps a six-year saga during which the firm defended the NRA against a barrage of other blue-state regulatory actions, sweeping congressional inquiries, and a debanking effort by New York officials that became the subject of a blockbuster Supreme Court decision in June.  In that case, NRA v. Vullo, all nine justices backed the Association’s First Amendment claims. The Brewer firm served as lead counsel in the Vullo case, and co-counsel with the ACLU before the Supreme Court. 

“When we undertook this representation, we committed to keep the NRA safe and secure,” Brewer says. “The effort involved not only our lawyers but business professionals, investigators, and crisis communications experts. Today’s decision marks the exclamation point on our collective advocacy and vision.”

Joining Brewer in representing the NRA were firm partners Sarah B. Rogers, Svetlana M. Eisenberg, and Noah Peters, and associate Josh Dillon.

New York Times Reports on NRA, Legal Advocacy

December 5, 2024 – The New York Times reports today, in part, about the National Rifle Association of America (NRA) and its “advocacy” in defense of its independence. As many of you know, in August 2020 the New York Attorney General (NYAG) filed a “dissolution lawsuit” against Brewer client the NRA.

Amid questions about the NRA’s legal strategy, firm partner William A. Brewer III noted that Brewer, with the support of NRA leadership, helped the Association successfully “confront a barrage of blue-state regulatory investigations,” including an effort by New York regulators to eliminate the group. The NYAG’s dissolution claims against the NRA were dismissed, and her bid for a court-appointed monitor was rejected by the court earlier this year.

 Brewer told The Times:

“My firm handles bet-the-company, life or death advocacy. The NRA called and we helped them confront a barrage of blue-state regulatory investigations, a promised ‘corporate death penalty’ dissolution effort in New York, sweeping Russia-gate congressional inquiries, and a debanking effort condemned by the entire Supreme Court. Today, more than six years later, the NRA still stands – independent and free. We’re proud of that outcome, which we count as a win."

Read more here.

Brewer, Volokh Comment on First Amendment Case

November 26, 2024 – Firm Partner William A. Brewer and First Amendment scholar Eugene Volokh posted an update on the NRA’s First Amendment lawsuit against former New York financial regulator Maria T. Vullo. The report appears on REASON, as a segment of Professor Volokh’s blog, “The Volokh Conspiracy.”

In setting the stage for a successful appeal to the U.S. Supreme Court, the two write, “We were joined by the American Civil Liberties Union (ACLU), as the NRA appealed this ruling to the United States Supreme Court for the NRA. In a rebuke from a unanimous Court, Justice Sonia Sotomayor revived the NRA's claims this past June, emphasizing decades of precedent that "[a] government official cannot coerce a private party to punish or suppress disfavored speech on her behalf." Moreover, the Court said, Vullo's alleged conduct struck at the heart of this prohibition. In light of the Court's guidance on the First Amendment merits of the NRA's allegations, Sotomayor added, the Second Circuit was free to reconsider the issue of qualified immunity, i.e., whether Vullo's alleged violations were such that the NRA should be able to sue her individually for damages.”

Read the report here.

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.

Bloomberg Law Reports on Brewer Advocacy, Retention of NYU Law Professor

June 4, 2024 – Bloomberg Law reported today on the Brewer firm’s representation of the NRA against the New York Attorney General. The article notes that the NRA has added New York University law professor Samuel Estreicher to its legal team.

As reported, The NRA has asked a judge to throw out a recent jury verdict, ordering former chief executive Wayne LaPierre and another official to repay more than $6 million to the organization. The court will consider whether to also require independent monitoring in a second phase of the trial that’s set to start July 15.

Estreicher is working closely on this motion to set aside the verdict, according to William A. Brewer III, the NRA’s lead outside attorney. Estreicher joins a legal team led by Brewer and other lawyers from his New York litigation boutique, Brewer Attorneys & Counselors. Partners Svetlana M. Eisenberg, Sarah B. Rogers, and Noah Peters have also worked on the case.

“He appreciates that the NYAG is pursuing many novel legal theories in support of the jury’s verdict, and that the NYAG’s pursuit of the NRA raises grave constitutional questions under the First Amendment,” Brewer said in a statement. “In particular, we have worked closely with Professor Estreicher on the pending motion to set aside the verdict.”

Read more here.

Law360 Names Brewer Firm "Legal Lions of the Week"

June 1, 2024 — Law360 has named Brewer, Attorneys & Counselors one of its "Legal Lions of the Week" after the U.S. Supreme Court unanimously ruled for Brewer client the National Rifle Association of America (NRA) in its First Amendment case against a former New York state regulator.

The recognition noted that the NRA is represented by The NRA is represented by William Brewer III, Sarah Rogers and Noah Peters of Brewer Attorneys & Counselors.

Law360 writes that, “In a unanimous decision, the high court said Thursday that the NRA sufficiently showed that former New York Financial Services Superintendent Maria T. Vullo likely breached the group's First Amendment protections through the collective actions the NRA accused her of taking against banks and insurance agencies affiliated with it.”

Read more here.

National Media Report on Brewer Client NRA Scoring Landmark Supreme Court Victory

May 30, 2024 – Major media outlets are reporting on the unanimous Supreme Court decision finding in favor of the National Rifle Association (NRA) in a First Amendment case in which Brewer, Attorneys & Counselors represented the NRA.

The New York Times reports that Justice Sonia Sotomayor wrote the decision finding that the NRA plausibly claimed a violation of the First Amendment, which now sends the case to the U.S. Court of Appeals for the Second Circuit in New York.

The Hill also reports that the NRA can move forward in its “free speech fight” against Maria Vullo, the former superintendent of the New York Department of Financial Services (DFS), over her encouragement of insurers and banks she regulated to cut ties with the NRA. The Hill reports that the NRA maintains those actions were unconstitutional government coercion.

USA Today reports that the NRA will get another chance to “punish” New York regulators who discouraged insurers and bankers from doing business with the NRA. The article noted that Justice Sotomayor wrote in her decision that, "Ultimately, the critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or, as alleged here, through private intermediaries.”

CNN reports that the decision will provide clarity to both liberal and conservative regulators about how far they may go in pressuring companies that do business with certain advocacy groups.

“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” William A. Brewer III, counsel to the NRA, said in a statement quoted by CNN. “The opinion confirms what the NRA has known all along: New York government officials abused the power of their office to silence a political enemy.”

Washington Examiner Reports on Brewer Client NRA’s Legal Victory Against ATF

April 2, 2024 – The Washington Examiner reported on Brewer client NRA and its recent legal victory over the ATF. A Texas court recently enjoined the “pistol brace rule” from taking effect against NRA members. The legal win is the most expansive ruling of its kind to date – protecting millions of NRA members across the nation.

As reported in the article, “Big Win for NRA in Battle with Biden’s ATF,” “The decision followed other court rulings protecting the 3.7 million members of three other gun groups from the ATF action that abruptly changed the definition of rifles to include the AR pistols, among the most popular firearms in the country. Under the new rules, they will be taxed and registered.”

“The NRA will continue to play offense against this unconstitutional rule,” says NRA interim EVP and CEO Andrew Arulanandam. “This is yet another example of the NRA fighting for its members — and protecting the constitutional freedoms in which they believe.”