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.

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.

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.

Law 360 Reports on NRA Reaction to NYAG Filing

May 8, 2024 – Law360 reports that Brewer client the National Rifle Association of America (NRA) responded to a filing by the New York Attorney General (NYAG) in which she asked a New York judge not to "reverse" a Manhattan jury's verdict. The jury verdict was entered in the NYAG vs. NRA lawsuit on February 23, 2024.

NRA lawyer William A. Brewer III told the publication, "In her response to the NRA's motion for judgement post-trial, the NYAG advances a number of novel legal theories to save the claims she presented at trial ... The NYAG's theories have no grounding in existing law. We look forward to responding." 

The report states, "In February, jurors found that [former NRA Executive Vice President Wayne] LaPierre, who resigned on the eve of trial, as well as general counsel John Frazer and retired Chief Financial Officer Wilson 'Woody' Phillips, breached their fiduciary duties. Frazer was additionally held responsible for the false filings and Phillips for the related-party transactions. The verdict requires LaPierre to repay $4.4 million in ill-gotten funds to the NRA for his breaches, while Phillips must pay back $2 million."

A second phase of the proceedings is scheduled to begin in July – a bench trial before Justice Joel M. Cohen, in which the judge is expected to rule on any final remedies against defendants. In the final analysis, individual defendants could face financial awards payable to the NRA. No money damages will be awarded against the Association.  

Read the report here. 

Law 360 Reports on NRA Trial, Closing Arguments

February 15, 2024 -  Law360 reported on the conclusion of a six-week trial concerning the New York Attorney General Letitia James’ (NYAG) case against the National Rifle Association of America (NRA) in New York. 

The NYAG filed suit against the NRA, former CEO and Executive Vice President Wayne LaPierre, former CFO Wilson Phillips, General Counsel John Frazer, and former Chief of Staff Joshua Powell in August 2020, alleging defendants misspent millions of dollars and that the NRA and executives steered vendor contracts to insiders. The Brewer firm represents the NRA in the case. 

The report noted that the NRA said its board was a victim of improper spending by executives and that the Association instituted compliance reforms once that alleged misconduct came to light.

"The essence of fraud is that it's a lie. The victim doesn't know about it," Brewer Partner Sarah Rogers told the jury. "What the NRA did when it discovered the fraud was, it dug in. ... The NRA left no stone unturned."

Rogers added that the NYAG sued the NRA because she "despised" the group, and that she tried "to impose the death penalty on it and take all its money" – through a corporate dissolution claim that was dismissed in March 2022.  

Read more here.

Newsday Profiles William Brewer in Advance of New York Trial

On January 5, 2014, Newsday newspaper profiled partner William Brewer’s representation of the NRA in an article titled, “Democrat William Brewer Defends NRA in Crucial NY Lawsuit.”

Newsday editorial board member Thomas Maier wrote that Brewer is “used to the hot seat in tough cases.” The article appeared in the newspaper’s “The Point” daily newsletter feature, which takes readers “behind closed doors into the New York political scene” and aims to provide must-read, exclusive insights into local and city politics and policy.

 Trial is scheduled to begin on January 8 in the high-profile case between the New York Attorney General (NYAG) and the NRA.

“With respect to the NYAG trial, the NRA is prepared and ready,” Brewer told Newsday. “The NRA will defend its governance efforts in support of the freedoms it fights to defend.”

Maier wrote that Brewer contends the NRA is being unfairly singled out by the NYAG because of its advocacy of gun rights favored by conservatives who are her political opponents. “The NRA believes this was motivated by James’s [campaign] promise she would go after the NRA if elected,” Brewer said earlier this week in an interview with The Point.

Newsday is a daily newspaper that covers news on Long Island, New York. The publication shared some Long Island facts about Brewer in the article, including that he grew up in Baldwin, worked as a Newsday paperboy and graduated from Maria Regina Diocesan High School in Uniondale, now known as Kellenberg Memorial.

Brewer News Release - NRA Prevails Over NYAG: Court Rules Association Cannot be Dissolved

March 2, 2022 — The National Rifle Association of America (NRA) scored a major legal victory today, as a New York court struck down attempts by the New York Attorney General to dissolve the 150-year-old organization. Following a two-hour hearing on December 10, 2021, the Hon. Joel M. Cohen of the New York State Supreme Court issued an opinion today that vindicates the NRA’s position:  the NYAG’s effort to shut down the Association ran afoul of common sense, New York law, and the First Amendment.  

“This is a resounding win for the NRA, its 5 million members, and all who believe in this organization,” says NRA President Charles Cotton. “The message is loud and clear:  the NRA is strong and secure in its mission to protect constitutional freedom.”

The NRA will defend against the surviving claims in the lawsuit – but today’s ruling declares that the NYAG cannot shut down the Association or seize its assets.  

 “We applaud the court’s recognition that dissolution is neither appropriate nor justified,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. “We look forward to continuing the defense of the NRA – and proving that it acts in the best interests of its members and the Second Amendment freedoms in which they believe.”  

Emphasizing that the NRA is “a prominent advocacy organization that represents the interests of millions of members,” the court said the NYAG failed to meet the “rigorous” standard for state-sponsored dissolution of such a group – and her attempt raised free speech concerns. 

In an opinion, dated March 2, 2022, Justice Cohen writes, “The Attorney General’s claims to dissolve the NRA are dismissed.” It adds, “The Complaint does not allege that any financial misconduct benefited the NRA, or that the NRA exists primarily to carry out such activity, or that the NRA is incapable of continuing its legitimate activities on behalf of its millions of members.”

The NRA has argued that it has demonstrated a commitment to good governance, and long believed that the NYAG’s case was part of a political vendetta. NYAG James famously vowed to “target the NRA” and “investigate the legitimacy of the NRA as a charitable organization” while on the campaign trail in July 2018 – before spending even one day in office and without any evidence of wrongdoing. She filed a lawsuit in August 2020 seeking to shut down the Association.

The NRA has successfully proven there was no legal precedent or factual basis for the NYAG’s scorched-earth, politicized approach.

The court observes, “The Attorney General cites no case in which she or her predecessors have sought – much less obtained – dissolution under analogous circumstances.” The opinion also states, “…dissolving the NRA could impinge, at least indirectly, on the free speech and assembly rights of its millions of members. While that alone would not preclude statutory dissolution if circumstances otherwise clearly warranted it, the Court believes it is a relevant factor that counsels against State-imposed dissolution, which should be the last option, not the first.” 

In addition to the dissolution claims, the court also dismissed claims by the NYAG for unjust enrichment and violations of the Prudent Management of Institutional Funds Act. 

Against the backdrop of the NYAG’s lawsuit, the NRA is pursuing its own legal action against James. In a legal filing, dated February 23, 2021, the NRA responded to the August 2020 lawsuit filed by the NYAG. The filing alleges that her case is part of a crusade to silence a powerful political opponent – and its stated purpose to defend the Second Amendment.

According to the NRA’s filing, “James’s threatened, and actual, regulatory and civil reprisals are a blatant and malicious retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech. This wrongful conduct threatens to destroy the NRA and chill the speech of the NRA, its members, and other constituents, including like-minded groups and their members.”

Brewer adds, “Today’s developments underscore the simple truth that since taking office in 2019, the Attorney General has pushed a contrived narrative about the NRA in her attempt to support a dissolution claim that is improper. This is a victory for not only the NRA, but all who believe in the right to free speech and association.”

Attorneys for the NRA in this matter are William A. Brewer III, Sarah Rogers and Svetlana Eisenberg.