Brewer, Attorneys & Counselors Partner Sarah Rogers spoke on Tuesday, Oct. 23, at Columbia Law School on the topic of political violence and the legal landscape governing threats to speech. Ms. Rogers appeared with Harmeet Dhillon, a prominent California attorney.
The event was hosted by the Columbia Law School Federalist Society and featured discussion about the proper scope of constitutional and statutory protection of dissident political speech. Ms. Rogers earned her Juris Doctor degree from Columbia Law School.
NYLJ Reports on Firm Representation of NRA at Hearing
The New York Law Journal reported that Brewer, Attorneys & Counselors Partner Sarah Rogers represented the NRA in arguments in federal court in New York on Sept. 10, 2018. The coverage appeared on the front page of the NYLJ print edition on Sept. 11, 2018, in an article titled, “NRA: Discovery Could Show State Coerced Companies Cut Ties.” The NRA alleges that the New York state Department of Financial Services (DFS) and Governor Andrew Cuomo violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them not to do business with the NRA.
The coverage noted that Rogers argued that a press release issued by the DFS included targeted language from DFS Superintendent Maria Vullo. Rogers reportedly argued that “Incurring the favor and disfavor of DFS is going to be very important to any insurer in New York.” Rogers additionally argued that the lawsuit is over state regulation the NRA argues will limit its advocacy efforts. She reportedly added that, “The NRA does not sue Governor Cuomo for criticizing it… What he can’t do is issue official regulatory directives.”
The Wall Street Journal Reports on Firm Matter
Wall Street Journal Assistant Editorial Page Editor James Freeman wrote on August 27, 2018, about one of the firm’s current matters – the NRA’s lawsuit against New York Governor Andrew Cuomo and the state Department of Financial Services (DFS). The lawsuit alleges the state violated the NRA’s First Amendment Rights in connection with regulatory guidance issued to financial institutions urging them not to do business with the NRA. Freeman writes that the ACLU sided with the NRA by filing an amicus brief in federal court in New York.
Freeman writes in part, “New York Governor Andrew Cuomo has earned a new opponent in his assault on liberties enumerated in the Bill of Rights. Better late than never, the American Civil Liberties Union is standing up against Mr. Cuomo’s abuse of the National Rifle Association. The happy result could be not just expanded liberty in New York but safer financial institutions as well.”
Svetlana Eisenberg to Join Firm as Partner
Svetlana M. Eisenberg is joining Brewer, Attorneys & Counselors as Partner in the New York office. She is an experienced litigator with substantial experience prosecuting investment fraud, defending allegations of securities fraud, and conducting corporate internal investigations.
Ms. Eisenberg previously worked as law clerk to the Hon. Michael E. Wiles, U.S. bankruptcy judge in the Southern District of New York, and was an Assistant U.S. Attorney, General Crimes Unit, District of New Jersey. Prior to that, she was Associate General Counsel to HSBC Holdings in New York, where she investigated potential violations of the Foreign Corrupt Practices Act. She began her legal career as an associate at Debevoise & Plimpton, LLP.
Fluent in Russian, Ms. Eisenberg earned her bachelor’s degree in International Relations from Bennington College and holds a J.D. from Georgetown University Law Center. While in law school, she was editor-in-chief of the Georgetown Law Journal Annual Review of Criminal Procedure and was awarded a Medal of Excellence from the American Bankruptcy Institute.
Firm’s Case Chronicled in The New York Times
August 9, 2018
The New York Times chronicles one of the firm’s current advocacy campaigns in an article, “The NRA Has Declared War on Andrew Cuomo. He Couldn’t Be Happier,” dated August 9, 2018. The piece explores the firm’s representation of the National Rifle Association (NRA) and a lawsuit by the organization against New York Governor Andrew Cuomo and the New York State Department of Financial Services.
Partner William Brewer is quoted extensively in the article, offering insights into the firm’s position that the State of New York has violated the First Amendment rights of the NRA.
Albany Times Union Columnist Writes About Firm’s Case
Albany Times Union Columnist Chris Churchill wrote a column dated August 6, 2018, titled “Cuomo targets the NRA – and free speech” that refers to a lawsuit brought by the firm on behalf of the National Rifle Association (NRA) against New York Governor Andrew Cuomo and the state Department of Financial Services (DFS) and its Superintendent, Maria T. Vullo. The suit alleges that the state violated the NRA’s First Amendment rights in connection with regulatory guidance issued to financial institutions urging them not to do business with the NRA.
Churchill writes that Cuomo’s attack on the NRA “is more harmful to the First Amendment than the Second” Amendment because Cuomo has “essentially weaponized the state’s regulatory authorities to go after a political organization with which he disagrees.” Churchill also refers to the lawsuit alleging that Cuomo “is using the power of state government to pressure banks and insurance companies to stop doing business with the gun rights group.” Additionally, Churchill quotes directly from the lawsuit’s allegation that Cuomo is running a “blacklisting campaign.” He concludes that, “What Cuomo is doing – using the power of the state to target a political enemy – is tyrannical.”
Wall Street Journal Opinion Piece Focuses on Lawsuit Filed by the Firm
The Wall Street Journal published an opinion piece on May 15 by James Freeman, assistant editor of the WSJ editorial page, in support of a lawsuit filed by the firm. The piece, “The NRA vs. Authoritarianism,” explores an alleged effort by New York Governor Andrew Cuomo and the New York State Department of Financial Services (DFS) to attack the First Amendment rights of the National Rifle Association (NRA) through “guidance” (to not do business with the NRA) provided to businesses that are regulated by DFS.
Mr. Freeman writes, “Read the lawsuit filed on Friday by the National Rifle Association against New York Gov. Andrew Cuomo, his Department of Financial Services, and its Superintendent Maria Vullo. Also check out the governor’s April 19 press release on the topic. Then imagine that the target of Mr. Cuomo’s recent assault on political speech is anyone other than the gun-rights group.”
The Freeman opinion piece continues, “…it’s wrong to use powers intended to ensure the health of financial institutions to silence those with whom the governor disagrees on public policy. The main “reputational risk” here for financial companies is that they will serve clients who are unpopular in the governor’s office. If Mr. Cuomo can then freeze the otherwise law-abiding clients out of the financial system, he can put them out of business. That’s tyranny, and if the Cuomo precedent stands against the NRA, count on it being used against other controversial speakers in the future.”
Law360 Reports on Sanctions Against Transamerica
In an article dated January 10, 2018, Law360 reported that a California federal judge ordered Transamerica Life Insurance Company to pay nearly $200,000 in sanctions for obstructing the discovery process in a lawsuit brought by Brewer, Attorneys & Counselors on behalf of DCD Partners, LLC.
DCD Partners sued Transamerica in 2015 alleging that it increased life insurance premiums on a predominantly African-American church congregation in South Los Angeles. In September 2017, a jury awarded DCD Partners more than $5.6 million.
The sanctions relate to Transamerica’s conduct in responding to discovery requests in late 2016. “We appreciate the attention of the court to this matter,” William A. Brewer III told Law360. “Our clients believe this decision and monetary award validates what they have believed all along — that defendants sought to frustrate their pursuit of discovery in this important matter.”
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