The Reuters legal writer Alison Frankel wrote an opinion piece on November 7, 2018 about the firm’s representation of the National Rifle Association (NRA). The piece, “In NRA v. NY, a Timely Reminder That Officials Can’t Use Their Power to Squelch Free Speech,” reports that a federal judge has upheld the NRA’s major First Amendment claims against New York Governor Andrew Cuomo and the New York State Department of Financial Services.
Frankel writes, “The National Rifle Association’s favorite part of the Bill of Rights is the Second Amendment, but it was the Constitution’s protection for free speech that kept alive the NRA’s lawsuit accusing top New York officials of pressuring insurers to ditch the gun rights group.” She adds, “To paraphrase the cliché, you can deplore what the NRA has to say but nevertheless defend its right to speak without government interference.”
The article quotes partner William Brewer, lead attorney for the NRA. He says the forward movement of this case upholds “basic First Amendment principles” and “marks a significant development for not only the NRA, but all advocacy groups engaged in political speech under the protections of the First Amendment.”
NYLJ Reports that NRA’s Lawsuit Against Gov. Cuomo Moves Forward
The New York Law Journal reports that a lawsuit brought by firm client the National Rifle Association (NRA) on First Amendment claims against New York Gov. Andrew Cuomo and the Department of Financial Services (DFS) will move forward. The November 6, 2018, article reports that “U.S. District Judge Thomas McAvoy of the Northern District of New York wrote in a lengthy decision that the NRA’s claims that actions by Cuomo and Department of Financial Services Superintendent Maria Vullo stifled its free speech were sufficient enough to be evaluated at trial.”
The highly-anticipated decision follows a hearing in Albany on September 10, 2018.
“This decision upholds not only the NRA’s First Amendment claims, but basic First Amendment principles,” said firm Partner William Brewer, lead attorney for the NRA in the matter. “The motion to dismiss was a misguided attempt to avoid addressing the substance of this case. As the court recognized, the NRA deserves its day in court – and we look forward to it. We are eager to proceed with discovery, which we believe will reveal more troubling facts about defendants’ abuse of state power to suppress opposing political views.”
Firm Represents Hotel Operator in Lawsuit Against Gansevoort Hotel Group, LLC
Brewer, Attorneys & Counselors announced that it has filed a lawsuit against Gansevoort Hotel Group, LLC (“Gansevoort”) on behalf of its client, the operator of Gansevoort Turks + Caicos, a Wymara Resort (the “Resort”). The lawsuit claims the Resort has been adversely impacted by Gansevoort’s failure to maintain and grow the Gansevoort hotel brand.
Filed in New York Supreme Court on October 26, 2018, by Wymara Ltd. and Wymara Developments Ltd. (together, “Operator”), the suit seeks declaratory relief to safeguard Operator’s significant financial investment in the Resort, as well as monetary damages to compensate it for the losses the Resort has incurred as a result of Gansevoort’s breaches of contract.
“Our client believes Gansevoort Hotel Group failed to meet its obligation to maintain the quality of the brand, leaving our client with significant damages,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for Operator. “In fact, our client’s resort is now one of only two Gansevoort-branded properties remaining in the world – and there are no plans to grow the brand in the future. Of course, this reality is a far cry from the promises made to our client – that Gansevoort would be a luxury brand.”
The New York Post reported on the lawsuit in an article dated Oct. 30, 2018, titled “Caribbean resort sues to get out of pact with ‘outdated’ Gansevoort Hotel.”
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.”
New York Law Journal Reports on Firm’s Advocacy for NRA
The New York Law Journal reports that the NRA submitted a new filing in federal court in New York on August 24, 2018, urging a federal judge to reject a motion by the state of New York to reject the organization’s lawsuit. The NRA 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.
The article quoted Partner William Brewer, lead attorney for the NRA in the matter. Brewer said of the state’s motion to dismiss that, “They created a narrative that they want to respond to with little or no resemblance to the complaint we actually brought that they seek to dismiss.”
“The NRA is not complaining about the fact that defendants seek to regulate insurance generally, or inquire about Carry Guard specifically,” Brewer added. “What the NRA is complaining about is that defendants are attempting to coerce insurance companies and banks to blacklist the NRA—to extinguish what are concededly lawful business relationships. And, at least in some instances, we already know they’ve been successful.”
Brewer also emphasized that, “Government officials have First Amendment rights too.” He added, “But when government officials use their position to coerce private actors, not persuade them, to adopt a particular point of view, that conduct is subject to strict scrutiny.”
New York Law Journal Reports on ACLU’s Support of NRA’s Free Speech
The New York Law Journal reported on August 24, 2018 that the American Civil Liberties Union moved to file a brief opposing the state’s motion to dismiss the National Rifle Association’s lawsuit against New York Gov. Andrew Cuomo and the state’s top financial regulator. The firm is representing the NRA in the matter.
“If true, those allegations represent a blatant violation of the First Amendment,” the proposed brief [from the ACLU] said. “Although public officials are free to express their opinions and may condemn viewpoints or groups they view as inimical to public welfare, they cannot abuse their regulatory authority to retaliate against disfavored advocacy organizations and to impose burdens on those organizations’ ability to conduct lawful business.”
The article included comment from firm partner William Brewer.
“The ACLU’s amicus brief is testament to what we have contended all along—Gov. Cuomo and the DFS violated the First Amendment rights of the NRA,” Brewer said. “The ACLU is a leading voice on legal and constitutional issues, and we welcome their advocacy in this important case.”
Judge Grants Motion for Sanctions in High-Profile Life Insurance Case
The United States District Court for the District of Colorado granted a motion for sanctions filed by Brewer, Attorneys & Counselors on behalf of firm client DCD Partners, LLC against Fred Albracht, Chief Actuary for the North America National Reinsurance Company (NANRe), for attempted evasion of a subpoena.
The August 8, 2018 award constitutes the second sanction levied against actors involved in the implementation of a massive and unlawful increase in the rates charged by Transamerica Life Insurance Company on life insurance policies held by DCD – policies which provide thousands of dollars in benefits to a non-profit organization and thousands of disadvantaged families in South Los Angeles every year.
The underlying litigation, styled DCD Partners, LLC v. Transamerica Life Insurance Company, 15-cv3238-CAS-GJS, captured headlines and sparked a national conversation about improper rate hikes when a federal jury agreed with Brewer and found that Transamerica and NANRe “contrived” the rate increase in breach of contract. The jury awarded DCD nearly $6 million in compensation for the breach.
“We hope this decision, and the prior sanction against Transamerica, underscores that insurers cannot continue to take advantage of policyholders and then hide behind the costs of discovery caused by gamesmanship,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for plaintiffs. “Beyond the impacts to the case in question, we hope these developments help shine a light on rate increases and the impact they have on unsuspecting policyholders.”
Dallas Morning News Watchdog Columnist Applauds Brewer Storefront TOMA Action
Dallas Morning News Watchdog Columnist Dave Lieber wrote a column, “Here’s How a Trustee Says School Boards Violate Texas Open Meetings Law,” dated August 3, 2018, that explores a newly filed Brewer Storefront Texas Open Meetings Act (TOMA) lawsuit. The column focuses on a lawsuit filed by Brewer Storefront, the firm’s community service legal affiliate, against Richardson Independent School District (RISD) and the RISD Board of Trustees.
In part, Lieber writes that the “12-page lawsuit is the most detailed explanation The Watchdog has seen for how a public government board can ignore the open meetings law.” He writes that the Brewer Storefront plaintiff is “showing leadership here by standing up to a widespread secretive culture that enables public officials to keep private what's supposed to be public.”
Lieber is a veteran Dallas/Fort Worth investigative journalist whose focuses on “exposing bad practices in business and government.”