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.

ABA Journal Reports on NRA, Brewer Representation

December 17, 2024 – ABA Journal reports that the National Rifle Association (NRA) will reform its governance following a civil lawsuit that originally sought to dissolve the organization.

Brewer, Attorneys & Counselors, which had represented the NRA since 2018, said in a statement that the judgment “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.”

Judge Joel Cohen approved the judgment on December 11. The reforms include increasing leadership transparency and changing how NRA board elections are conducted.

As reported, the Brewer firm added that efforts to obtain a “corporate death penalty” and court-appointed monitor to oversee the NRA were defeated. “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,” the statement said. “In sum, following over a month of trial proceedings, Justice Joel Cohen denied all invasive relief sought by the government.”

Read more here.

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.

Free Speech Group Supports NRA

August 19, 2024 – Law360 reports on an amicus brief filed by the Foundation for Individual Rights and Expression (FIRE) in support of Brewer client the National Rifle Association of America (NRA). As reported, “A former New York state official isn't immune from the National Rifle Association’s suit claiming she violated the group's rights by pressuring financial institutions to cut ties with it, a free speech group told the Second Circuit on Monday, citing a recent U.S. Supreme Court decision in the dispute.”

The report says that, in an amicus brief filed in support of the NRA, FIRE said granting former New York Department of Financial Services Superintendent Maria T. Vullo qualified immunity “would telegraph just how officials can avoid constitutional limits by slightly modifying or softening their coercive statements.”

In a unanimous decision in May, the U.S. Supreme Court said the NRA plausibly alleged that Vullo violated the group’s First Amendment rights by coercing DFS-regulated banks and insurers into cutting ties with the NRA. The NRA and Vullo filed Supplemental Letter Briefs on July 29, 2024.

To read more, click here.

The New York Times Reports on Brewer Trial Win

July 29, 2024 – The New York Times reported today on the National Rifle Association of America’s (NRA) trial outcome in Manhattan, calling the verdict a “win” that represents “the beginning of the end of a four-year-old case” brought by the New York Attorney General (NYAG). As reported in the article, “Judge Lets NRA Keep Its Independence but Pushes for Reforms,” the NYAG was seeking the appointment of a court-appointed monitor over the NRA.

As reported, “…Justice Joel M. Cohen of Manhattan Supreme Court said he wanted further assurances that the NRA would reform its governance practices.” The Times reports, “The NRA has held off the most severe regulatory outcomes. Even before the trial, it persuaded Justice Cohen to reject Ms. James’s attempt to dissolve the group, which she referred to as a ‘terrorist organization’ when she was running for office. And on Monday, the NRA beat back her effort to impose a court-appointed monitor who would have had broad authority over its finances and practices.”

William A. Brewer III, the NRA’s lead outside counsel, said Monday’s developments “validate the NRA’s reform efforts and commitment to good governance — and recognize the First Amendment stakes of this case.”

Read more 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.