Washington Post Editorial Board Recognizes Historic Win

June 1, 2024 – The Washington Post editorial board recognized the historic Supreme Court win for Brewer client, the National Rifle Association of America (NRA). The editorial, “The NRA Deserved its First Amendment Win at the Supreme Court,” observes, “…the court’s 9-0 ruling in National Rifle Association v. Vullo was a positive development in two ways: It showed that the fractious justices can still unite around certain basic constitutional principles; and the constitutional principle they rallied behind in this case was the sacred one of free speech.” The unanimous ruling in favor of the NRA was on May 30, 2024.

In speaking of a 2018 “blacklisting campaign” against the NRA undertaken by former New York state regulator Maria T. Vullo, the Post writes, “To be sure, state officials such as Ms. Vullo have every right to punish actual legal infractions by any companies that do business with NRA members, as Justice Sonia Sotomayor, writing for the court, explained. And they have every right to speak out against gun violence and the NRA. What they cannot do, however, ‘is use the power of the State to punish or suppress disfavored expression,’ Justice Sotomayor wrote. ‘At the heart of the First Amendment’s Free Speech Clause is the recognition that viewpoint discrimination is uniquely harmful to a free and democratic society.’”

The NRA was represented by the Brewer firm, the ACLU, and First Amendment Scholar Eugene Volokh.

Read the editorial here.

Law360 Names Brewer Firm "Legal Lions of the Week"

June 1, 2024 — Law360 has named Brewer, Attorneys & Counselors one of its "Legal Lions of the Week" after the U.S. Supreme Court unanimously ruled for Brewer client the National Rifle Association of America (NRA) in its First Amendment case against a former New York state regulator.

The recognition noted that the NRA is represented by The NRA is represented by William Brewer III, Sarah Rogers and Noah Peters of Brewer Attorneys & Counselors.

Law360 writes that, “In a unanimous decision, the high court said Thursday that the NRA sufficiently showed that former New York Financial Services Superintendent Maria T. Vullo likely breached the group's First Amendment protections through the collective actions the NRA accused her of taking against banks and insurance agencies affiliated with it.”

Read more here.

The Wall Street Journal: A Unanimous Supreme Court Backs the NRA on Free Speech

May 31, 2024 – The Wall Street Journal Editorial Board writes on the unanimous opinion rendered by the Supreme Court in support of Brewer client the National Rifle Association of America (NRA) in its First Amendment case against a former New York regulator. 

In the editorial, "A Unanimous Supreme Court Backs the NRA on Free Speech," the Board details the case, in which the NRA alleges that former New York State Department of Financial Services Superintendent Maria Vullo coerced financial institutions that she regulated to stop doing business with the NRA and other gun-rights groups.

Writing for the Court, Justice Sonia Sotomayor wrote that Vullo's conduct “could be reasonably understood to convey a threat of adverse government action in order to punish or suppress speech.” 

The editorial states, "Justice Sotomayor emphasizes that covert threats against private intermediaries are especially subversive of speech rights since 'intermediaries will often be less invested in the speaker’s message and thus less likely to risk the regulator’s ire.' When government officials abuse power behind closed doors, voters aren’t able to punish them at the ballot box."

The editorial continues, "The Court’s resounding ruling protects liberal and conservative advocacy alike. It puts government officials on notice that they can’t use their power to retaliate against and silence their opponents. In these hyper-partisan times, that’s an important message for the censors in the Biden Administration and those in a potential second Trump Presidency."

Read the full editorial here. 

National Media Report on Brewer Client NRA Scoring Landmark Supreme Court Victory

May 30, 2024 – Major media outlets are reporting on the unanimous Supreme Court decision finding in favor of the National Rifle Association (NRA) in a First Amendment case in which Brewer, Attorneys & Counselors represented the NRA.

The New York Times reports that Justice Sonia Sotomayor wrote the decision finding that the NRA plausibly claimed a violation of the First Amendment, which now sends the case to the U.S. Court of Appeals for the Second Circuit in New York.

The Hill also reports that the NRA can move forward in its “free speech fight” against Maria Vullo, the former superintendent of the New York Department of Financial Services (DFS), over her encouragement of insurers and banks she regulated to cut ties with the NRA. The Hill reports that the NRA maintains those actions were unconstitutional government coercion.

USA Today reports that the NRA will get another chance to “punish” New York regulators who discouraged insurers and bankers from doing business with the NRA. The article noted that Justice Sotomayor wrote in her decision that, "Ultimately, the critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or, as alleged here, through private intermediaries.”

CNN reports that the decision will provide clarity to both liberal and conservative regulators about how far they may go in pressuring companies that do business with certain advocacy groups.

“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” William A. Brewer III, counsel to the NRA, said in a statement quoted by CNN. “The opinion confirms what the NRA has known all along: New York government officials abused the power of their office to silence a political enemy.”

Law 360 Reports on NRA Reaction to NYAG Filing

May 8, 2024 – Law360 reports that Brewer client the National Rifle Association of America (NRA) responded to a filing by the New York Attorney General (NYAG) in which she asked a New York judge not to "reverse" a Manhattan jury's verdict. The jury verdict was entered in the NYAG vs. NRA lawsuit on February 23, 2024.

NRA lawyer William A. Brewer III told the publication, "In her response to the NRA's motion for judgement post-trial, the NYAG advances a number of novel legal theories to save the claims she presented at trial ... The NYAG's theories have no grounding in existing law. We look forward to responding." 

The report states, "In February, jurors found that [former NRA Executive Vice President Wayne] LaPierre, who resigned on the eve of trial, as well as general counsel John Frazer and retired Chief Financial Officer Wilson 'Woody' Phillips, breached their fiduciary duties. Frazer was additionally held responsible for the false filings and Phillips for the related-party transactions. The verdict requires LaPierre to repay $4.4 million in ill-gotten funds to the NRA for his breaches, while Phillips must pay back $2 million."

A second phase of the proceedings is scheduled to begin in July – a bench trial before Justice Joel M. Cohen, in which the judge is expected to rule on any final remedies against defendants. In the final analysis, individual defendants could face financial awards payable to the NRA. No money damages will be awarded against the Association.  

Read the report here

The Reload: NRA Foundation Settles DC Lawsuit

 April 18, 2024 – Reload editor and CNN contributor Stephen Gutowski today reported on the consent agreement between Brewer client the National Rifle Association of America (NRA), the NRA Foundation, and the District of Columbia Attorney General (DCAG). 

According to the report, per terms of the consent order, the NRA Foundation will "adopt a conflict-of-interest policy, a board and officer compliance training program, and new standards for lending money or doing business with other NRA entities. It also agreed to limit loans to the NRA’s other operations to only charitable purposes in line with the group’s educational mission. However, it admitted no wrongdoing and avoided the more severe sanctions the AG initially sought to impose."

Gutowski wrote that the NRA disputes claims made by DCAG Brian Schwalb after the order was signed and "demanded he retract them in a letter to his office that was obtained by The Reload. It noted the lawsuit initially asked the court to appoint an overseer for the Foundation, a condition not included in the deal, and the Foundation didn’t admit to any wrongdoing in the settlement. It also asserted the NRA had agreed to pay back the Foundation for an outstanding loan before DC filed its lawsuit."

“The DCAG’ spins’ today’s settlement in avoidance of the facts: the DCAG long ago abandoned any claims of wrongdoing against the NRA,” William Brewer, the NRA’s outside counsel, said in a statement. “Even by DC standards, this is rank political gamesmanship – an after-the-fact justification for a failed lawsuit by these officials.”

Read the article here. 

The Hill Reports on NRA Settlement with DCAG

April 17, 2024 – The Hill reported today on a settlement agreement between Brewer client the National Rifle Association of America (NRA), the NRA Foundation, and the District of Columbia Attorney General (DCAG). The reporting includes comments from firm partner William Brewer, who responded to statements from DCAG Brian Schwalb as “distorted and untruthful.”

As stated by the NRA, “On April 16, 2024, the NRA and NRA Foundation entered into a consent order [resolving an August 2020 lawsuit], whereby the DCAG dismisses all claims against the NRA. The order contains no adverse finding against the NRA and no allegations regarding the use of funds of the NRA Foundation. There are no fines or penalties whatsoever against the NRA. DCAG Schwalb described the settlement differently.”

As reported by The Hill, the NRA also fought back against Schwalb’s characterization of the settlement in a statement to The Hill, with NRA counsel William Brewer calling it “distorted and untruthful.”

“The DCAG ‘spins’ today’s settlement in avoidance of the facts: the DCAG long ago abandoned any claims of wrongdoing against the NRA,” Brewer wrote. “Even by DC standards, this is rank political gamesmanship — an after-the-fact justification for a failed lawsuit by these officials.”

Brewer continued, claiming that many of the claims Schwalb alleged against the NRA Foundation were unfounded, specifically noting that the settlement agreement includes no accusations or implications of wrongdoing by the organization.

“In the face of these facts, the DCAG settled its lawsuit — abandoning all claims against the NRA and NRA Foundation,” he wrote.

Read more here.

Law360: NRA, LaPierre, Execs Seek to Ax Verdict

April 8, 2024 – Law360 reports that Brewer client the National Rifle Association of America (NRA) is asking a New York judge to "throw out a Manhattan jury's verdict." A jury verdict was entered in the NYAG vs. NRA lawsuit on February 23, 2024.

According to the report, in its "motion for judgment notwithstanding the verdict, the NRA argued that prosecutors did not prove that the organization itself failed to protect its charitable assets. The group said there was no proof at trial that its charitable assets, as opposed to noncharitable assets, were improperly administered, nor was there proof of a 'sustained or systematic failure of the board to exercise oversight.'"

"The trial record clearly demonstrates that the NRA was the victim of hidden arrangements and control overrides orchestrated by former insiders working with a handful of their favorite vendors," NRA attorney William A. Brewer III told Law360. "The record also demonstrates the NRA Board took swift, decisive action when it became aware of such conduct."

"The Board's commitment to good governance was on full display during the jury trial," he added. "The NRA appreciates the service of the jury, but believes it improperly attributed individual misconduct to the NRA. As such, the Association seeks judgment in its favor on all remaining counts."

Read the Law360 report (subscription required).