Law360 Reports Amicus Brief Filed by the Federal Government in NRA's First Amendment Case Before the Supreme Court

January 17, 2024 – Law360 reports that the federal government filed an amicus brief with the U.S. Supreme Court in connection with the National Rifle Association's (NRA) lawsuit against a former New York state regulator.

The report states that, in the brief, the "federal government said the NRA's allegations concerning the February 2018 meetings that former New York Financial Services Superintendent Maria T. Vullo had with Lloyd's of London provide a 'straightforward basis' for rejecting the Second Circuit's finding that no coercion occurred."

In a May 2018 lawsuit, the NRA alleged that Vullo conspired to use DFS' regulatory power to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech.

"Importantly, the solicitor general recognizes that the actions of defendants alleged in the complaint state a claim that Vullo was attempting to suppress our client's Second Amendment advocacy," William A. Brewer III, counsel for the NRA, told Law360. "The government reaches the same conclusion as many others: the Second Circuit erred in rejecting the association's claims."

Law360 writes that the federal government's filing is "among the roughly two dozen amicus briefs that have been submitted since the NRA filed its opening brief early last week. While a few claim to support neither party, the bulk of the briefs appears to support the NRA's position, such as the one led by Sen. Tedd Budd, R-N.C., and Rep. Richard Hudson, R-N.C., and backed by 17 Senate members and 62 House representatives."

New York Law Journal, The New York Times, AP, and Others Report on NRA Trial Proceedings

January 9, 2024 – Trial proceedings for the New York Attorney General's (NYAG) case against the National Rifle Association of America (NRA) began this week in New York. As reported, in opening arguments for the NRA, Brewer partner Sarah B. Rogers told jurors that the NRA is a victim in the civil fraud lawsuit.

“This is an unusual lawsuit,” Rogers said. “Any damages you award in this case will be paid to the NRA. The government acknowledges that my client is the victim.”

NYAG Letitia James filed suit against the NRA, former CEO and Executive Vice President Wayne LaPierre, former CFO Wilson Phillips, and General Counsel John Frazer in August 2020, "alleging the improper use of tens of millions of dollars of charitable funds and breach of fiduciary duty," the New York Law Journal (NYLJ) reported. Former NRA Chief of Staff Josh Powell reached a settlement with the NYAG's office prior to trial.

As noted in media reports, Rogers said there was no question that some individuals, some executives, an ad agency, a travel agent "betrayed" the nonprofit’s mission. But, she said, “The only question is why the NRA, the victim...is a defendant in this case."

Rogers noted that Mr. LaPierre has been a valuable and visionary leader for the NRA and its mission.

The NYLJ reported that Rogers personally requested to deliver the NRA's opening statement, as someone who grew up in New York City and considered the need for a gun only after being attacked by two men.

"The decision to own a firearm does not just belong to the king, or the militia, or the cops. In America, it's yours," Rogers said.

Trial is expected to last six weeks.

To read more about the NRA's opening arguments, click the following links:

New York Law Journal

The New York Times

Washington Post

National Law Journal Reports on ACLU Joining Brewer in First Amendment Case

December 13, 2023 — The National Law Journal reports that the ACLU is joining the Brewer firm as co-lead counsel in a First Amendment lawsuit for the NRA, NRA v. Vullo, which will soon be heard before the Supreme Court. 

The article states that, while the ACLU has faced criticism for this "rare alliance" with the NRA, the organization "chose to partner with Brewer and the NRA, believing the First Amendment issue sufficiently important to cross ideological lines and try to secure the best possible outcome in the Supreme Court."

Securing the ACLU's support, the article notes, is a coup. 

“At a certain point you can only have so many people on the team and make it an effective team that collaborates in the advocacy,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel for the NRA. “And we’re blessed to have some superstars.”

Bloomberg Law Reports on Sexual Harassment Lawsuit

November 13, 2023 – Bloomberg Law reports that former Polsinelli PC attorney Julia Rix urged a federal judge to allow her sexual harassment suit against the law firm to proceed.

Brewer, Attorneys & Counselors represents Rix. According to an opposition filing by Rix in the United States District Court for the District of Columbia, the dismissal motion by the firm and alleged harasser Gabriel Dabiri is a “desperate bid” to avoid “public scrutiny” of her claims of sexual harassment and retaliation, and an effort to avoid local human rights laws.

The firm and Dabiri “will be forced to contend with the misconduct alleged and their failure to investigate it properly,” William A. Brewer III, Rix’s attorney, added in a statement. “Rix believes the record—replete with late night overtures and sexual advances, followed by blatantly retaliatory actions—speaks for itself.”

To read more, click here.

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.