Brewer News Release - Discrimination Lawsuit Filed Against Polsinelli Law Firm

Dallas, TX… March 31, 2021 – Brewer client Trey A. Monsour, a prominent bankruptcy attorney, filed a lawsuit against the law firm Polsinelli PC alleging discrimination based on sexual orientation.  

Mr. Monsour worked as a partner in the Bankruptcy Practice Group in the firm’s Houston office. 

Filed in the United States District Court for the Southern District of Texas, Houston Division, on March 30, 2021, the lawsuit alleges discriminatory treatment of Mr. Monsour, an openly gay man, after he became an equity partner in June 2017 in its then newly founded Houston office.  

According to the complaint, Mr. Monsour, was quickly subjected to harassment, denied adequate support and resources, and terminated for his sexual orientation.  

The lawsuit claims Polsinelli violated the Civil Rights Act of 1964 and Age Discrimination in Employment Act, and committed Fraudulent Inducement, among other claims.  

“Mr. Monsour alleges he was discriminated against at Polsinelli law firm because he is gay,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to Mr. Monsour. “By any measure, Mr. Monsour is a successful and established attorney. He brings this lawsuit to expose what he believes is a troubling pattern of discrimination based on sexual orientation at Polsinelli – and to champion a call for diversity, tolerance and inclusion in the legal industry.”     

According to the complaint, “From the outset, Polsinelli treated Mr. Monsour differently from other similarly situated non-LGBTQ employees. Whereas almost all newly hired partners were invariably provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help.”   

The complaint says, “Polsinelli’s adverse employment actions were made on the basis of Mr. Monsour’s protected age and sexual orientation, a fact starkly punctuated by derogatory comments by firm leaders regarding gay employees that Mr. Monsour overheard firsthand, as well as observations and stories of contemporaneous experiences relayed by Mr. Monsour’s colleagues.”   

The complaint alleges that Polsinelli’s self-proclaimed commitment to diversity and inclusion on its website and in marketing materials is a ruse. In fact, diversity numbers remain low at the firm. Mr. Monsour claims that he was induced to join the 800-lawyer firm, based on its public representations and “commitment” to diversity and inclusion.  

Joining William A. Brewer III in representing Mr. Monsour is William A. Brewer IV. 

New York Law Journal: Judge's Ruling Allows NRA's First Amendment Claims to Proceed

On March 15, 2021, the New York Law Journal reported that a ruling by U.S. District Judge Thomas McAvoy of the Northern District of New York allows the NRA's First Amendment claims against New York state officials to move forward with discovery.

The lawsuit argues that New York state officials violated the NRA's First Amendment rights to express its political views.

“This important decision reaffirms that all public officials, even Gov. Cuomo and Maria Vullo, the former superintendent of the New York State Department of Financial Services, are accountable under the First Amendment,” said William Brewer, counsel to the NRA. “It will allow the NRA to pursue discovery and bring important evidence to light—to expose the communications and coordinated efforts of New York officials and others to harm the NRA and impinge its Constitutional freedoms. The message is clear: the NRA will stand up to those who unlawfully interfere with its Second Amendment advocacy.”

The article reports that Judge McAvoy denied qualified immunity to former New York Department of Financial Services (DFS) superintendent Maria Vullo, noting that "a question of material fact exists" as to whether Vullo "explicitly threatened" an insurer with DFS enforcement unless it broke ties with the NRA.

Read more.

The Hill Reports on NRA Countersuit Against New York Attorney General Letitia James

On February 24, 2021, The Hill reported that firm client, the National Rifle Association of America (NRA), filed a counter lawsuit against New York Attorney General Letitia James accusing her of "weaponizing" her power against the group.

Filed in the New York Supreme Court, the legal filing states, “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.”

William Brewer, counsel to the NRA, told The Hill in a statement that the group believes "the NYAG’s actions are retaliatory and reflect ‘selective use’ of regulatory oversight against the Association in violation of constitutional rights."

"The NRA will continue to confront the NYAG’s weaponization of power – to the benefit of the Association, its millions of members, and all who believe in constitutional freedom," Brewer said.

Read more.

The New York Times Reports the NRA Intends to Reincorporate in Texas

On January 15, 2020, The New York Times reported that the National Rifle Association of America (NRA) plans to reincorporate in Texas and has filed for bankruptcy protection.

According to the report, the NRA is seeking to "circumvent New York's legal jurisdiction" after New York Attorney General Letitia James filed a lawsuit in August 2020 seeking to dissolve the Association.

 “Under this plan, the Association wisely seeks protection from New York officials who it believes have illegally weaponized their powers against the NRA and its members,” William A. Brewer III, the NRA’s lead outside attorney, told the Times.

The article notes that NRA CEO and EVP Wayne LaPierre says the plan "represents a pathway to opportunity, growth and progress."

“Obviously, an important part of this plan is ‘dumping New York,’” LaPierre added. “The NRA is pursuing reincorporating in a state that values the contributions of the NRA, celebrates our law-abiding members, and will join us as a partner in upholding constitutional freedom. This is a transformational moment in the history of the NRA.” 

Texas Governor Greg Abbott hailed the NRA news, tweeting:  “Welcome to Texas – a state that safeguards the Second Amendment.”

Additional information about the NRA's plan to reincorporate in Texas can be found at www.nraforward.org. 

Read more from The Times here.

Washington Post: Republican Attorneys General Back NRA in Fight Against New York Effort to Dissolve Gun Rights Group

On December 22, 2020, The Washington Post reported that 16 attorneys general filed an amicus brief in support of a lawsuit by the National Rifle Association of America (NRA) against New York Attorney General (NYAG) Letitia James. 

“The New York Attorney General cannot be allowed to wield the power of her office to discriminate against the NRA simply because she does not like its members’ political views, advocacy or defense of a constitutional right,” the GOP attorneys general said in the brief, which was led by Arkansas Attorney General Leslie Rutledge.

In August, Brewer client, the NRA, filed a lawsuit that alleges that the NYAG weaponized her regulatory and legal powers to harm a political adversary. The lawsuit notes that James 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 taking office and without any evidence of compliance failures.

In November, NYAG James filed a motion to dismiss the lawsuit. On December 21, 2020, the NRA filed a memorandum of law in opposition to the motion to dismiss.

"In this filing, the NRA confronts the efforts of the New York Attorney General to avoid legal scrutiny for the obvious abuse of the powers of her office,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. "The NRA believes James' open hostility toward the Association and its law-abiding members is unconscionable. Courts have repeatedly held that the underlying chilling effects of conduct like James’ require judicial scrutiny."  

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New York Law Journal: NRA Seeks to Move New York Attorney General's Lawsuit Out of New York

On November 13, 2020, the New York Law Journal reported that the NRA is "battling in court on two fronts to move a high-profile lawsuit brought by New York Attorney General Letitia James" out of New York City. 

The report states that the NRA, which is represented by Brewer, has asked the U.S. Judicial Panel on Multidistrict Litigation (MDL) to "send four federal lawsuits focused on its financial troubles to a courtroom in North Texas." 

The NYLJ reports that William A. Brewer III, counsel to the NRA, acknowledged that the request to move, among others, the lawsuit filed by James, is "a bit unusual." However, he contends that without an MDL, depositions in the various cases will be a "nightmare" for the NRA.

“This is not typical, but I don’t think it’s a stretch either,” Brewer said of his motion.

“We’re trying to make sure we get everything in the right forum,” he said. “We don’t have any concern with the venues for trial. It’s rather that the cases should be coordinated given the significant overlap in pretrial activities, so that the documents, the depositions and pretrial activities are available in all those cases.” 

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New York Post Reports on Lawsuit Filed Against Uber on Behalf of Assault Victim

On October 31, 2020, the New York Post reported that Brewer, Attorneys & Counselors filed a lawsuit against Uber on behalf of its client, identified in court papers as "Jane Doe."

As the Post reports, Brewer's client alleges she was attacked by her Uber driver in 2018, during what she assumed would be a safe ride home. She alleges that the incident left her with a fractured shoulder, post-traumatic stress disorder and years of anxiety and depression.

The lawsuit, filed in Manhattan Federal Court, alleges that even though Uber has acknowledged that thousands of its female passengers have been sexually assaulted during rides, the company still fails to monitor its drivers with in-vehicle video or by checking when a driver deviates from an assigned route.

“It infuriates me. I don’t think they’re doing enough to protect women. Here they are promoting being a safe ride home," the woman told the Post, noting that she'd been an Uber VIP for five years. “I had no clue you would basically be on your own if this happens."

William A. Brewer III, partner at Brewer and counsel to "Jane Doe" said, "Uber knew that this car picked this woman up, they knew where the intended location was and they knew that this Uber driver stopped off route for 15 minutes. They knew it.

“They also know that thousands and thousands of women have been sexually assaulted before that night by their drivers, yet they’re advertising themselves as the safe alternative to a yellow cab or some other type of transit after dark,” he continued.

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The National Law Journal Reports NRA's Claims Against Winston & Strawn Can Proceed

On October 23, 2020, The National Law Journal reported that Brewer, Attorneys & Counselors’ client, the NRA, can move forward with part of its lawsuit against Winston & Strawn.

According to the report, "Judge Robert Rigsby, of the District of Columbia Superior Court, said the NRA had 'sufficiently stated' a claim against Winston & Strawn for unjust enrichment, after an email allegedly revealed a Winston partner’s undisclosed ties to a neutral in an arbitration."

The lawsuit, filed July 29, 2020, in the Superior Court of the District of Columbia, alleges that in a recent arbitration, the NRA discovered on the eve of the final hearing that the arbitrator, Judge Richard Neville, was conducting a secret email discussion group – participated in by a senior partner of opposing counsel, Winston – where lurid white nationalist propaganda was shared and promoted. The communications revealed that Judge Neville shared a close, undisclosed relationship with Winston Partner Terry Grimm, according to the NRA. The NRA brought the action to recover amounts expended during the corrupted arbitration proceeding, and to uncover facts about the extent of the bias that tainted the proceeding.

“We appreciate the prompt attention of the court—and look forward to bringing the facts regarding Winston & Strawn’s undisclosed relationship with Judge Neville into full public view,” William A. Brewer III, partner at Brewer and counsel to the NRA, said in a statement. “This is a disturbing record. There should be no place in the legal profession that tolerates such racist communications—or which turns a blind eye to the principles that govern the sanctity of the arbitration process.”

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