Brewer Firm Announces Lawsuit Against Wafra

On April 11, 2019, Brewer, Attorneys & Counselors announced that it has filed an unlawful termination and age discrimination lawsuit on behalf of its client, Francis (“Frank”) Lively, against Wafra Investment Advisory Group, Inc. (“Wafra”) and its Chief Executive Officer Fawaz Al-Mubaraki (collectively, “Defendants”). The lawsuit alleges that Lively, a successful 64-year-old real estate executive, was terminated as part of an unlawful discrimination and retaliation campaign directed against elder employees at Wafra. That same day, Bloomberg reported, “Former Wafra Real Estate Head Sues Over Age Discrimination.”

Please find the press release here, summarizing some of the key claims and allegations. The advisory also includes a comment on behalf of plaintiff, Mr. Lively, from William Brewer.

NRA Allowed to Depose Former DFS Superintendent - New York Law Journal

The New York Law Journal reports that the National Rifle Association will be allowed to depose former New York Department of Financial Services Superintendent Maria Vullo in the group’s lawsuit against the state over what it has argued was a violation of its free speech rights and selective enforcement of the state’s insurance regulations. The article, “NRA Allowed to Depose Former DFS Superintendent Vullo in Lawsuit Against NY,” explained that the decision from U.S. Magistrate Judge Christian Hummel is significant. The article states, “It’s rare that high-ranking state or federal officials are required to testify as part of any litigation. They’re often granted immunity from testimony as a high-ranking government official.” 

“Today’s ruling is gratifying, and correct. As the head of a major financial regulator, Ms. Vullo singled out the NRA to suppress its speech. She should answer questions regarding this conduct,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “This is a significant development for the advocacy of the NRA. We are anxious to discover all the facts and bring them into open view—to the benefit of the Association and the First Amendment.”

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DMN Columnist Quotes Partner on Importance of the Texas Open Meetings Act (TOMA)

Dallas Morning News Watchdog Columnist Dave Lieber quoted Partner William Brewer in a column that appeared on the front page of the March 15, 2019 Metro Section print edition of the newspaper. The column was critical of a recent Texas Court of Criminal Appeals decision striking down a key provision of the Texas Open Meetings Act (TOMA) that outlaws “walking quorums.” 

Such walking quorums occur when a governing body meets in a smaller group to avoid a quorum and deliberates on future actions in secret, thus circumventing the TOMA requirement that meetings that constitute a quorum must be held in public. The Storefront, the firm’s pro bono community service affiliate, has previously brought lawsuits under this provision. 

Additionally, the column highlighted that Brewer has sued several local school districts over voting rights and also has brought lawsuits over open meetings violations. 

Brewer discussed the importance of open government: "People act better when they include all points of view, and they have to make a decision out in the open,” he said. “Government works better in the cleansing light of these sunshine laws.”

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Court Enters Final Judgment, Awards Firm Client $9.76 Million in Life Insurance Lawsuit Against Transamerica

Brewer, Attorneys & Counselors announced today that a California federal court entered a final judgment that awards its client, DCD Partners, LLC, nearly $9.8 million plus post-judgment interest. In addition, the judgment contains a permanent injunction, which enjoins Transamerica Life Insurance Company from continuing to charge excessive rates while the case is on appeal. 

The final judgment, filed December 13, 2018, arises out of a suit filed in 2015, which alleged that the insurer imposed unprecedented and exorbitant increases in premiums on thousands of life insurance policies in 2013. The final judgment comes after two separate trials: a four-day jury trial in September 2017, in which a jury unanimously decided in favor of DCD Partners; and a February 2018 bench trial. 

“The jury verdict and final judgment send a clear message to Transamerica: insureds have contractual rights that cannot be ignored in Transamerica’s seemingly endless pursuit of profits,” said partner William A. Brewer III. “This case underscores the rights of insureds.”

New York Post Reports on Lawsuit Brought by Dallas Investor

The New York Post reported on a lawsuit filed by Brewer firm client and Dallas investor Mark Hurley against Emigrant Bank and New York billionaire Howard Milstein. 

The Dec. 11 article, “Milstein heir dished divorce dirt on business rival: suit,” reports that Milstein allegedly hired a private investigator to follow Hurley “to gain leverage in a contentious business deal” as the pair “tangled” over the sale of the Fiduciary Network, a private-equity vehicle. 

The lawsuit was filed on Dec. 7, 2018, in the District Court of Dallas County, Texas. According to the complaint, “This case involves a multi-year scorched-earth campaign, led by New York real-estate and banking scion Howard Milstein, to wrest control of a once-successful business (for pennies on the dollar) by disrupting its contractual relationships and defaming its founder.”

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Texas Tribune Reports on Brewer Storefront Lawsuit

The Texas Tribune published an in-depth article regarding the latest voting rights lawsuit brought by Brewer Storefront, the firm’s community service legal affiliate. The firm recently filed a lawsuit against the Richardson Independent School District on behalf of plaintiff and former RISD Trustee David Tyson. The Dec. 11 article is titled “Richardson ISD’s student demographics have significantly changed. The makeup of its school board hasn’t.” 

The article highlights the firm’s long track record of advocacy in the area of voting rights and states, “Over the last several years, William Brewer, a Dallas corporate lawyer with a reputation for playing hardball, has challenged North Texas school districts and city councils to change their elections systems — and his firm hasn’t lost a voting rights fight yet.” 

The article is part of an education series being published by the Tribune titled “Dis-Integration.”

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Law360 Publishes Firm Commentary on Cannabis Industry

Partner William Brewer and Consultant Peter Schwartz wrote an expert analysis opinion piece published in Law360 on Dec. 3, 2018, titled “Jury Saves The Day in Misguided Cannabis Lawsuit,” about a lawsuit challenging the growing legal U.S. cannabis industry. They emphasized the need for attorneys to understand the legal and regulatory landscape of this booming industry. 

The article cited a civil lawsuit brought by landowners in Rye, Colorado, against their neighbor, cannabis cultivator Camp Feel Good, claiming in part that their property was devalued by offensive odors. The landowners alleged a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Ultimately, a jury ruled in October in favor of the of the cannabis cultivator. However, the article noted that similar lawsuits are being filed. 

“These legal issues bring the need for attorneys to be well-versed in the ever-expanding case law facing the cannabis industry,” Brewer and Schwartz wrote. “As barriers — economic, structural and legal — are interposed to thwart commerce, business owners and industry investors will need to unite behind advocates able to break them down.”

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Wall Street Journal Editorial Writer Endorses NRA Lawsuit

James Freeman, assistant editor of The Wall Street Journal editorial page, wrote an editorial on November 14, 2018, in support of the firm’s client, the National Rifle Association (NRA), in its First Amendment case against New York Gov. Andrew Cuomo and the New York State Department of Financial Services. 

On November 6, 2018, Judge Thomas J. McAvoy upheld the NRA’s First Amendment freedom-of-speech claims – the crux of its complaint against the State of New York. The opinion piece, “The NRA Will Have Its Day in Court,” underscores the key themes of the NRA’s case and summarizes what has become one of the most closely-watched cases of its kind. 

Freeman writes, “...no elected official in the country has more aggressively sought to limit free speech rights than Gov. Andrew Cuomo. Now he will have to answer for it in court.” 

Freeman continues, “There is an enormous interest for all Americans in making sure that a politician like Mr. Cuomo cannot abuse his authority to silence law-abiding citizens with whom he disagrees.”

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