NBC, CNN, and Others Report on Supreme Court Granting Review of NRA Case

November 4, 2023 - NBC News, CNN, The New York Times, The Hill, and other media outlets reported today that the U.S. Supreme Court has agreed to hear the NRA's free speech case against Maria Vullo, the former head of the New York State Department of Financial Services. 

As reported by NBC, "The Supreme Court on Friday agreed to hear the National Rifle Association's claim that a New York state official's alleged role in urging companies to end ties with the gun rights group constituted unlawful coercion."

The NRA was appealing a 2022 ruling by the New York-based 2nd U.S. Circuit Court of Appeals, which said Vullo's actions did not constitute unlawful conduct. The appeals court ruling "gives state officials free rein to financially blacklist their political opponents," the NRA's lawyers said in court papers.

As reported by The Hill, "In April 2018 — two months after the deadly mass shooting at a Parkland, Fla., high school — Maria Vullo, former superintendent of the New York State Department of Financial Services, urged banks and insurers to consider the “reputational risks” of working with the NRA, according to court filings. The gun rights group filed suit against Vullo and former New York Gov. Andrew Cuomo (D), saying the NRA had “suffered tens of millions of dollars in damages” due to the officials’ “blacklisting” of the group in violation of their First Amendment rights.

The Brewer firm has represented the NRA in this matter since 2018. 

Speaking of today's developments, Brewer partner William A. Brewer III said, "We are grateful the Supreme Court will review this First Amendment case and eager to argue to the Court that government officials who take adverse action against their political enemies do so at their own risk. The ruling from the Second Circuit, which the Court will review, condones public officials having unbridled power to attack those with whom they disagree. Lawyers live for these moments:  the opportunity to advocate for clients on their most important matters – on the biggest stage.”    

See below to read more:

• “Supreme Court takes up NRA coercion claim against former New York official,” NBC

• “Supreme Court to hear NRA’s claim a New York agency coerced businesses to drop ties to gun rights group,” CNN

• “Supreme Court to Hear N.R.A.’s Free Speech Case Against New York Official,” The New York Times

• “Supreme Court to hear NRA free speech lawsuit against NY official,” The Hill

Brewer Firm Featured in Law 360 Profile

November 2, 2023 – Brewer partner William A. Brewer III was part of a “meet the attorneys” profile in Law 360. The article comments on Brewer and senior associates Will Brewer IV and Samantha Daniels, all representing client Julia Rix in her lawsuit against the Polsinelli law firm and two firm partners. The profile explores background information about the Brewer firm, its compensation structure, and work in the philanthropic arena.

With respect to the Rix matter, the article says, “Julia I. Rix sued Polsinelli in September, alleging two older, married senior partners ‘insisted on late-night rendezvous, communicated their sexual interest in her and forced unwanted physical intimacy. An international corporate attorney, she says she was fired without cause after reporting the alleged misconduct to the head of human resources.”

 To read more, click here.

Law 360: NRA Tells Justices AG's Probe Basis Needs More Inquiry

October 19, 2023 – Law 360 reported today on emerging developments in the case by the New York Attorney General against the National Rifle Association of America (NRA).

According to the reporting, Brewer counsel “Noah Peters told the Appellate Division, First Department, that a judge got it wrong when he dismissed the NRA's claim that the attorney general's political statements were the motivating force behind her civil financial fraud action accusing the NRA's leaders of funneling millions of dollars into their own pockets. The nonprofit has said James flaunted her hatred of the organization while campaigning in 2018. She won election that November.”

The June 2022 dismissal would "essentially insulate any retaliatory action undertaken by the attorney general so long as the attorney general could later point to some probable cause for her action," Peters told the four justices.

Read the article here.

FOX News Reports on NRA Lawsuit Against ATF, DOJ

July 3, 2023 – Fox News reported today on a lawsuit filed by the National Rifle Association of America against the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") and others over a rule regulating stabilizing braces for pistols.

As reported, Brewer client the NRA is challenging the controversial “pistol brace rule” that impacts millions of America’s gun owners - subjecting them to fines and penalties. 

As the report states, "NRA argues in its complaint that the rule is unconstitutional, as the ATF reverses its long-standing position that pistol braces do not transform pistols into rifles subject to onerous registration and taxation requirements under the National Firearms Act."

"The NRA is pursuing every possible avenue in defense of its law-abiding members and their constitutional freedoms," William A. Brewer III, counsel to the NRA, told Fox News. "Our members should be free of the threat of enforcement of this presumptively unlawful rule. We are confident that we will prevail in obtaining the same relief for them that has already been granted to members of other gun rights groups."

Read more here.

Law 360 Interviews Will Brewer on Impacts of ABA Opinion

June 20, 2023 -- Law360 quoted Brewer, Attorneys & Counselors Senior Associate Will Brewer in an article about recent American Bar Association guidance that outlines the role of non-attorneys in client intake.

The ethics opinion states that in regards to client intake, paralegals can collect basic information, handle conflict checks, identify if the matter is in an attorney’s specialty area, answer questions about fees and representation, and collect a client’s signature. Brewer said that he hopes the opinion encourages firms to keep lawyers involved in the client onboarding process.

"Our philosophy has always been to have our lawyers in the pivot — directing retention efforts, client activities and the pursuit of every positive outcome," Brewer said.

Brewer also commented, “Everything is custom-designed, depending on the needs of the client.” He added, "at our firm, attorneys are ultimately responsible. They provide oversight and direction — managing the process from the beginning. We view that commitment as an investment in our professionalism and client service.”

The Daily Wire Reports on Legal Challenge to ATF "Pistol Brace Rule"

June 7, 2023 – The Daily Wire reports that Brewer client the National Rifle Association of America ("NRA") filed a motion to intervene in a legal challenge to the pistol brace rule promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).

The NRA seeks to intervene in the U.S. District Court for the Northern District of Texas, Dallas Division, to obtain injunctive relief stopping the ATF from enforcing its rule – which reverses its long-standing position that pistol braces do not transform pistols into rifles subject to onerous registration and taxation requirements under the National Firearms Act.

As the Daily Wire reports, the NRA eventually hopes to get a permanent injunction against the rule. The organization previously backed a lawsuit in North Dakota, filed in February, challenging the ATF’s pistol brace rule.

“The NRA has consistently opposed this arbitrary attack on law-abiding gun owners on multiple fronts,” said NRA Executive Vice President and CEO Wayne LaPierre. “The NRA is a leader in the largest and most aggressive legal challenge to this action, and now aims to intervene in the Texas lawsuit. We are pursuing relief to protect our members – and bring a halt to this attack on their freedom.”

Read more.

Law360: 18 States Want High Court To Take NRA Blacklisting Suit

April 6, 2023 — Law360 reports that Montana and 17 other states are "lining up behind the National Rifle Association at the U.S. Supreme Court, asking the justices to take up the gun group's appeal arguing that a probe into NRA-affiliated insurers and statements from a former New York official about the reputational harm of associating with the group violated its constitutional rights."

The report states that the attorneys general filed an amicus brief on April 4, which asks the court to correct a Second Circuit decision they say "departed from [the Supreme Court's] clear instruction and gave state officials license to target and crackdown on their political opponents' protected speech."

The NRA, which is represented by Brewer, Attorneys & Counselors, filed suit in 2018 against former New York Governor Andrew Cuomo, the New York Department of Financial Services (DFS) and then-DFS Superintendent Maria Vullo. The NRA contends the parties took aim at the NRA and conspired to use DFS's regulatory power to financially blacklist the NRA – coercing banks and insurers to cut ties with the Association, in order to suppress its pro-Second Amendment speech.

The NRA's First Amendment claims withstood multiple motions to dismiss. But in 2022, after Vullo appealed the trial court's ruling on qualified immunity, the Second Circuit struck down the NRA's claims.

As Law360 reports, in its amicus brief, the states said, "The Second Circuit's decision gives government officials license to financially cripple their political opponents, or otherwise stifle their protected speech — whether those rivals advocate for school choice, abortion rights, religious liberty, environmental protections, or any other politically salient issue."

The NRA is represented by William A. Brewer III, Sarah B. Rogers and Noah Peters of Brewer Attorneys & Counselors and Eugene Volokh.

Read the full report here. 

Read the amicus brief here.

Texas Tech University and Two Professors Face Lawsuit Claiming Years of Harassment, Misappropriation of Intellectual Property

March 23, 2023 -- A Texas Tech University (TTU) graduate has filed suit against two of her former professors and the University, claiming she was subjected to years of sexual harassment and degradation, and then denied lucrative patent royalties to which she was entitled. In the complaint, filed by Brewer, Attorneys & Counselors, Dr. Cara Wessels Wells lays bare the inner workings of a hierarchal system where TTU professors Dr. Samuel Prien and Dr. Lindsay Penrose allegedly take credit for the work of students, subject them to harassment and humiliation, and abscond with royalty payments that belong to younger generations.

The complaint, filed March 22, 2023, in the United States District Court for the Northern District of Texas, Lubbock Division, states that the professors engaged in a campaign against Dr. Wells that involved “taking credit for her work, interfering with her job prospects, and pursuing financial opportunities to which they were not entitled.” She seeks damages and injunctive relief.

The complaint states, “When Dr. Wells reported their [the professors] behavior to TTU, the University failed to investigate her accusations, offer her protection from Dr. Prien, or honor its commitment with respect to her hard-earned patents.” In November 2022, Dr. Wells filed with the Equal Employment Opportunity Commission (EEOC) a charge of sex discrimination against the University and Drs. Prien and Penrose. In December, she received a Notice of Right to Sue. Among the claims in the lawsuit are Hostile Work Environment and Retaliation in violation of Title VII of the Civil Rights Act of 1964 and Trade Secret Misappropriation.

“Our client claims she was subjected to years of abuse at Texas Tech – and continues to suffer the loss of financial opportunity,” said William A. Brewer III, partner at Brewer and counsel to Dr. Wells. “The University not only failed to take proper action to protect one of its students, but it actively worked to diminish her academic and professional success.”

Read more.