NRA Achieves Victory in San Francisco

September 23, 2019 — As chronicled in various media reports, Brewer, Attorneys & Counselors client the National Rifle Association of America (NRA) achieved a victory in San Francisco after Mayor London Breed formally disavowed key provisions of a municipal resolution that signaled the blacklisting of contractors linked to the gun group.

On September 3, 2019, the San Francisco Board of Supervisors unanimously approved a resolution that called for the City to investigate ties between its contractors and vendors and the NRA. The city declared the NRA was a "domestic terrorist organization."

On September 9, 2019, the NRA filed a lawsuit against the City and County of San Francisco and members of the Board of Supervisors. The lawsuit alleges violations of the NRA’s First Amendment rights, along with other related constitutional claims.

Rather than await a decision from a court, on September 23, 2019, San Francisco Mayor London Breed issued a formal memorandum to City officials, declaring that "no [municipal] department will take steps to restrict any contractor from doing business with the NRA or to restrict City contracting opportunities for any business that has any relationship with the NRA."

"The memo serves as a clear concession and a well-deserved win for the First and Second Amendments of the United States Constitution," says William A. Brewer III, the NRA’s outside counsel. "It is unfortunate that in today’s polarized times, some elected officials would rather silence opposing arguments than engage in good-faith debate. The NRA is America’s oldest civil rights organization – and won’t stand for that."

Brewer Client NRA Sues City of San Francisco

September 9, 2019 — The New York Times reports that Brewer, Attorneys & Counselors client the National Rifle Association (NRA) sued San Francisco today for allegedly violating the NRA’s First Amendment speech rights after the city’s board of supervisors declared the NRA a terrorist organization.

William Brewer, the NRA’s outside counsel, called the city’s action “an assault on all advocacy organizations across the country.”

The lawsuit was filed in the United States District Court in San Francisco. The Times reported that the suit alleges that the city moved to “blacklist anyone linked to the N.R.A.” The suit also called the designation a “frivolous insult” but contended that “San Francisco’s actions pose a nonfrivolous constitutional threat.”

“In the face of recent, similar blacklisting schemes,” the lawsuit continued, “financial institutions have expressed reluctance to provide bank accounts for disfavored political groups, and city contractors fear losing their livelihoods if they support or even work with the N.R.A.”

The Washington Post also reported on the lawsuit, noting that the NRA alleges the resolution is “obviously unconstitutional.”

The Real Deal Reports on Real Estate Lawsuit in South Florida

August 23, 2019 — The Real Deal South Florida Real Estate News reports on Brewer, Attorneys & Counselors client Wayne Goldberg, a retired hospitality executive, suing the development group Fernbrook Florida over a penthouse condo he alleges he was falsely induced to purchase in the luxury Sabbia Beach development in Pompano Beach, Florida, overlooking the Atlantic Ocean.

The lawsuit was filed in Broward County Circuit Court, and the complaint alleges that the developer “held units off the market in order to create the appearance that units were in high demand and to inflate sales prices.” The lawsuit contends that when he visited the penthouse, he “observed multiple severe, material deviations from the agreement and its amendments” and that a personal elevator had been placed in front of the “much-vaunted windows of the penthouse overlooking Pompano Beach.”

Brewer Client NRA Takes Step Forward in New York Lawsuit

August 9, 2019 — An article from the New York Law Journal, “NRA Could Obtain Internal State Documents in Lawsuit Against Cuomo, DFS, After US Judge’s Review,” reports that a “series of documents that state officials from New York have wanted to withhold from the National Rifle Association in its lawsuit against Gov. Andrew Cuomo and a state agency will be reviewed by a federal judge in the coming weeks and could ultimately be disclosed to the gun lobby group.”

“For months, Gov. Cuomo and DFS have tried to conceal from the public, and the court, documents demonstrating the state’s internal rationale for its blacklisting campaign against the NRA,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “The NRA will aggressively pursue all the facts and press every advantage in this important advocacy.”

Brewer added, “This decision is a positive development for the NRA and its millions of members.”

The article states that the NRA is suing Cuomo, the Department of Financial Services and its former Superintendent Maria Vullo over claims that they “deliberately infringed on the group’s First Amendment rights through state actions.”

Dallas Morning News Reports on High-Profile Real Estate Lawsuit

June 18, 2019 — Brewer, Attorneys & Counselors announced the filing of a lawsuit today on behalf of its client, Megatel Homes, against United Development Funding and Centurion American Development Group. Dallas Morning News Real Estate Editor Steve Brown wrote about the filing in an article titled, “Dallas builder Megatel seeks millions in damages from developer and finance firm.”

The lawsuit, which was filed in the 160th Judicial District Court in Dallas County, Texas, alleges that Megatel’s joint venture partners, UDF and Centurion, conspired to take advantage of Megatel. The lawsuit alleges breach of fiduciary duties and breach of good faith and fair dealing, among other claims.

"As alleged in the petition, our client believes that defendants conspired against their company to unfairly remove it from significant projects and to gain financial benefits to which defendants were not entitled," William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel for Megatel, said in a statement. Megatel is seeking more than $100 million.

The article reported that, “Among Megatel's charges is a claim that Centurion American sold homebuilding sites in its new communities that had been pledged to Megatel to other builders in order to raise cash.”

Megatel Homes was founded by brothers Zach and Aaron Ipour, and is a top-ten homebuilder in Dallas-Fort Worth.

Brewer Firm Announces Lawsuit Against Wafra

April 11, 2019 — Brewer, Attorneys & Counselors announced today 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

March 21, 2019 — 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,” explains 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)

March 15, 2019 — Dallas Morning News Watchdog Columnist Dave Lieber quoted Partner William Brewer in a column that appeared today on the front page of the 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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