Law360 Reports on LGBT Bias Suit Brought By Bankruptcy Attorney

On March 31, 2021, Law360 reported that Brewer client Trey A. Monsour, who is a prominent bankruptcy attorney, brought a lawsuit in Texas federal court against the law firm Polsinelli PC, accusing the firm of discriminating against him based on his sexual orientation. 

Mr. Monsour, a former partner at the firm who is gay, alleged that the firm began discriminating against him after he was hired as a partner in the firm's Houston office in 2017. 

William A. Brewer III, who represents Monsour in the suit, said in a statement that his client is suing "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." 

Law360 reported that according to the lawsuit filing, "Whereas almost all newly hired partners were invariable provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help. The suit alleges that firm leaders also made "derogatory comments" regarding gay employees and that Monsour felt "isolated and without recourse." 

Read more.

Bloomberg Law Reports on Discrimination Lawsuit Against Polsinelli Law Firm

On March 31, 2021, Bloomberg Law reported on a lawsuit filed by Brewer client Trey Monsour against Polsinelli PC law firm in the U.S. District Court for the Southern District of Texas alleging discrimination. 

 Bloomberg reported, "Polsinelli PC's push to increase its level of diversity and inclusion was just an empty attempt to shed its reputation as a Midwestern, 'good old boys' law firm, for which its 800-plus workforce pay 'the real-world consequences,' a gay former partner charges in a federal lawsuit in Texas." 

 Bloomberg reported that Monsour, a former Polsinelli bankruptcy partner who is gay, alleged in the lawsuit that he was treated differently from than other similarly situated non-LGBTQ Polsinelli employees. According to the suit, he was denied the assistance of junior attorneys and administrative support that almost all other newly hired partners received. 

 Bloomberg reported that the lawsuit charges that Polsinelli's commitment to diversity was "nothing more than a marketing ploy." The lawsuit alleges that he was discriminated against based on his sexual orientation and age. 

Read more.

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."  

Read More.

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.” 

Read more.