Daily Business Review Reports on Lawsuit Against Ex-Florida Bar President

October 18, 2024 — The Daily Business Review reports on a lawsuit filed by Brewer, Attorneys & Counselors client Lourdes Maria Castillo against the law firm Foster-Morales and its founder, former Florida Bar President Dori Foster-Morales. According to the report, Castillo claims that, "despite Foster-Morales assuring Castillo of her skills, the defendant failed to exercise a reasonable standard of care and competence and breached fiduciary duties while representing her." 

"The complaint says it all: when our client's divorce proceedings became increasingly complex and contentious, she retained the defendants to protect her interests," says William A. Brewer III, partner at Brewer and counsel to Castillo. "Unfortunately, they were regularly unprepared for key court and arbitration events, caused Castillo to unwillingly waive substantial rights, and abandoned her during the most critical time of her life."

Among other things, the report states that Castillo claims Foster-Morales "pressured her to accept a buyout of the marital residence from her ex-husband for half the property's value, threatening to withdraw as counsel if Castillo refused to accept an immediate settlement."


The report notes that Castillo rejected the offer. Castillo retained new counsel and secured a global settlement of all claims for nearly $1 million more than the defendants had urged her to accept. 

Castilllo is seeking damages in excess of $1.1 million. Read more here.

William Brewer Writes in The Dallas Morning News About Texas School Accountability Case

October 15, 2024 — William Brewer III writes in today’s Dallas Morning News opinion section that Texas school accountability ratings should be released, and shares that the Brewer Foundation Future Leaders Program (FLP) intervened in a court case in support of doing so.

The text of the piece follows:

The “Texas miracle” is an often-told tale of unbridled economic expansion and explosive population growth.

But as new residents flock to our state — an estimated 470,000 last year — many public schools in Texas are failing to adequately educate the children already here. It is no “miracle” when most of Texas students attending public school did not meet grade level on the state STAAR exam last year, including 64% of Black children, 58% of Hispanic children and 62% of economically disadvantaged students who did not, according to the Texas Education Agency.

Unfortunately, rather than a united determination to fix the situation, battle lines are emerging in the community — and in the courtroom. A monumental fight is taking place in state court that will determine whether parents can easily access information evaluating the student performance at schools that their children attend. Incredibly, the answer from a Travis County judge may be “No,” as she recently blocked the release of such data after five school districts sued Texas Education Commissioner Mike Morath.

School and district ratings should be released, for the sake of transparency and accountability. Doing so represents the first step in addressing the state’s educational crisis. Such information informs educational choices parents make for their children. Information is power, and the effort to suppress it is a detriment to educational progress and the future generations of our state.

That’s why the Brewer Foundation Future Leaders Program, which supports students from a dozen Dallas ISD schools, is among the parties that intervened in the case in support of releasing school ratings. Programs like the FLP, parents and community stakeholders need to access such information and use it to empower them to make critical educational decisions.

School districts are taking divergent paths in the legal action over the release of Texas public school accountability ratings, with some districts, such as Dallas ISD, voluntarily releasing their projected ratings.

Texas has more than 1,200 school districts, and yet just 33 districts that have now joined the lawsuit are blocking the release of ratings for all districts.

Of those school districts, 27 performed worse than the state average when it comes to students meeting grade level in 2023, according to TEA data on STAAR performance by school district. While scrutiny often focuses on large urban school districts such as Houston and Dallas, the plaintiff districts in the lawsuit demonstrate that many rural districts and exurb communities are struggling and failing to adequately educate children.

For example, in 2023, Kingsville ISD enrolled 2,694 children and only 27% met grade level on the STAAR exam across all grade levels and subjects tested.

We must invest in public schools and commit to making them better. They are part of the fabric of our state and will always remain so. In 1876, the Texas Constitution wisely declared that it was the duty of the state Legislature to support and maintain “an efficient system of public free schools” given the essential role of a “general diffusion of knowledge.” We must resist the urge to turn the accountability case into a referendum on vouchers.

The immediate impulse may be to penalize these failing districts. Instead, let’s talk about solutions: schools need adequate funding to address challenges to student achievement.

Many studies report that Texas is not funding its public schools adequately. An August 2024 report by Rice University’s Kinder Institute found that 73% of Texas public schools are underfunded and that districts with the larger funding gaps tend to have the lowest student achievement ratings from the TEA. The report concluded that “severely underfunded” school districts were “strongly associated” with ratings of “C” or worse. The correlation comes as no surprise.

Let’s consider the findings of the accountability ratings a galvanizing force. Within every district, we should promote transparency, address academic and financial shortcomings, and share best practices, all benefits of the ratings process. Only then can we live up to our larger-than-life story of the Texas miracle.

William A. Brewer III is managing partner of the Brewer Storefront and founder of the Brewer Foundation Future Leaders Program. Katherine Leal Unmuth contributed to this article.

We welcome your thoughts in a letter to the editor. See the guidelines and submit your letter here. If you have problems with the form, you can submit via email at letters@dallasnews.com

Famed Texas Company AmeriTex Faces Lawsuit for Allegedly Falsifying Projections and Breaching Its Obligations to Equity Holder

Dallas, TX … October 3, 2024 – Brewer, Attorneys & Counselors announced today that its client, a former C-Suite executive of AmeriTex Holding, LLC (“AmeriTex”), the parent of AmeriTex Pipe & Products, filed claims against the company, its CEO Kevin Thompson, and director Thomas Murphy, alleging that key executives conspired to contrive financial information to avoid paying him “fair value” for his stake in the company. The filing also names the national accounting firm Marcum LLP and the law firm Kelly Hart & Hallman – both of which allegedly played a role in the claimed conspiracy.

Filed in the 456th Judicial District of Guadalupe County, Texas, on October 3, 2024, the claims lay bare the inner workings of a scheme to deny the executive, Christopher Podlasek, financial benefits to which he is entitled by creating phony projections which understate the multi-billion value of AmeriTex. According to the filing, defendants “manufactured a set of false financial projections (that wildly diverged from the projections AmeriTex recently used in the ordinary course of its business) to avoid paying Podlasek for his 1.5% equity interest.”

Founded in 2009, AmeriTex manufacturers water drainage products used in commercial construction and public works projects. The company rose to prominence as the largest player in Texas’ reinforced concrete pipe industry – which is key to the state’s exploding infrastructure needs and accounts for more than $1.2 billion in economic output.  According to the company, its three campus operations are larger than all its competitors’ storage areas combined.

The lawsuit claims that the phony financial projections were created at the same time AmeriTex presented differing, bullish forecasts to the most significant credit rating agencies in the world, including S&P and Moody’s, multinational financial institutions Bank of America and U.S. Bancorp, and institutional investors when it raised $530 million in an October 2023 high yield bond offering.  Months later, AmeriTex used the same bullish outlook to secure a new $155 million credit facility from Bank of America.

“Our client believes he was victimized by a scheme to avoid paying him ‘fair value’ for his stake in the company he helped build,” says William A. Brewer III, partner at Brewer and counsel to Mr. Podlasek. “Apparently, AmeriTex and its principals seek to keep financial benefits to which they are not entitled. Lost in the story of this Texas company is the way it attempted to devalue its worth and what it owes a former member of the company. It’s a disturbing tale for those in Texas who have witnessed AmeriTex secure state-funded projects, dominate key markets, and realize astronomical growth.”

The legal claims allege that AmeriTex recruited Podlasek to be Chief Financial Officer during a time of fiscal turmoil – to help it stabilize its back office and finance function, raise capital, and open new facilities. He did so successfully. During Podlasek’s tenure, AmeriTex grew its annual revenue from approximately $100 million to over $320 million. It also secured massive projects and embarked upon new markets – earning a glowing endorsement from Texas Governor Greg Abbott.

Seniors Scammed: Dallas CBS Affiliate Produces Story About Brewer Storefront Client

September 25, 2024 – CBS News Texas reports on how Brewer Storefront assisted client Shirley Ison–Newsome, 77, after she was the victim of a predatory financial scam like many seniors face. 

The investigation, “Caught in the Scam,” reports Ms. Ison-Newsome lost more than $50,000 after her bank, Chase, allegedly failed to warn her of fraudulent activity. She also said a bank employee at her local Chase branch promised her that her wire transfer to China had been caught and stopped in time, but days later she learned the financial transaction had gone through.  

With the help of the Brewer Storefront, the community service affiliate of Brewer, Attorneys & Counselors, Ison-Newsome resolved a legal action with Chase to the satisfaction of the parties.  

"It can't be that at the end of the day that it is just too bad, especially when, importantly, [Ison-Newsome] was extremely vigilant,” said Brewer Partner Will Brewer IV. “She immediately alerted her trusted financial institution. That's everything that you would expect someone to do to fix the situation." 

William Brewer Writes in The Dallas Morning News in Support of Releasing Texas School Accountability Ratings

September 15, 2024 -- The Dallas Morning News published a letter to the editor written by Brewer Partner and Brewer Foundation Future Leaders Program (FLP) founder William A. Brewer III calling for the release of Texas school accountability ratings.

The FLP is a is an award-winning public-private partnership that provides academic resources and leadership training to economically disadvantaged students in the Dallas Independent School District.  The Brewer Foundation on September 5, 2024, filed a petition in intervention in Travis County court on behalf of its Brewer Foundation Future Leaders Program (“FLP”), seeking the release of the Texas Education Agency (“TEA”) 2024 A-F accountability ratings for school districts and campuses.

On August 12, 2024, a Travis County judge blocked the scheduled release of the school ratings with a temporary restraining order after five school districts (located across West and South Texas) sued Texas Commissioner of Education Mike Morath in Pecos-Barstow-Toyah Independent School District, et al., v. Mike Morath.

The Foundation is represented by the Brewer Storefront – the community service affiliate of the national litigation firm of Brewer, Attorneys & Counselors.

The full text of the letter as it appeared in the Sunday edition of the newspaper is below:

Release school ratings

Re: “Why we released our schools’ ratings,” by Joe Carreón and Robert Selders Jr., Monday Opinion.

It is encouraging to see Dallas ISD School Board President Joe Carreón call for two items of importance in Texas education: accountability and transparency. Both are in short supply these days in public education — as several school districts recently brought a Travis County lawsuit to block the Texas Education Agency from releasing school ratings statewide. Meanwhile, DISD and a handful of other districts took the lead in releasing their preliminary ratings.

The accountability rating system is an A-F methodology that evaluates districts and schools. By definition, the system promotes awareness of educational challenges, helps identify best practices and instills confidence in parents and students. The ratings also spark interest and engagement — as we all work collectively to improve the educational system in our state.

Our law firm’s community service legal affiliate, Brewer Storefront, filed a petition to intervene in the lawsuit on behalf of our Brewer Foundation Future Leaders Program seeking the release of the ratings. The FLP is a public-private partnership that provides academic resources and leadership training to DISD students. We will argue the issue before the court to give a voice to schools, students and communities.

The plaintiff school districts face considerable challenges with student achievement, with between 51% and 73% of students not meeting grade level last year on STAAR exams. We need a system that identifies such problems and inspires the corrective actions necessary to improve schools. It is not only the Texas educational system that depends on this, but also the future generations it serves.

William A. Brewer III

Brewer Foundation Intervenes in Travis County Demanding Greater Accountability and Transparency for Public Schools 

September 5, 2024, Dallas, Texas… The Brewer Foundation on September 5, 2024, filed a petition in intervention (“petition”) on behalf of its Brewer Foundation Future Leaders Program (“FLP”), seeking the release of the Texas Education Agency (“TEA”) 2024 A-F accountability ratings for school districts and campuses.

On August 12, 2024, a Travis County judge blocked the scheduled release of the school ratings with a temporary restraining order after five school districts (located across West and South Texas) sued Texas Commissioner of Education Mike Morath in Pecos-Barstow-Toyah Independent School District, et al., v. Mike Morath.

The Foundation is represented by the Brewer Storefront – the community service affiliate of the national litigation firm of Brewer, Attorneys & Counselors. The petition seeks to dissolve the temporary restraining and prevent a permanent injunction – paving the way for greater accountability in these school districts across Texas.

The FLP is an award-winning public-private partnership that provides academic resources and leadership training to economically disadvantaged students in the Dallas Independent School District. The program maintains relationships with educators across the state, has been recognized by the Texas State Board of Education and Texas Governor’s Office, and advocates for improved educational offerings in Texas and beyond.

“The plaintiff districts are attempting to prevent the release of grades that help educators and parents better understand how their local public schools are performing and how well they are educating children,” says William A. Brewer III, partner at Brewer Storefront and founder of the FLP. “We support the call for greater transparency. As we know from our work with FLP students, identifying the opportunities to improve the educational system is the key to addressing educational performance – to the benefit of children and our collective futures.”

According to the petition, only about 53% of students in Texas meet grade level in English language arts and reading, and around 23% of students across all districts in Texas are not even approaching grade level. These numbers are even more drastic when Black and Hispanic student scores are isolated. Across the State, more than 59% of Black students and 54% of Hispanic students fail to read at grade level.

According to the TEA, the ratings are based on three domains: student achievement, school progress, and closing the gaps.

The Storefront has brought numerous successful Section 2 Voting Rights Act cases on behalf of Hispanic and Black voters in Texas, in efforts to ensure that the interests of minority voters – and children – are better represented on elected school boards. The Storefront’s Texas Voting Rights Initiative (TVRI) was founded due to concerns that a lack of diversity and equitable geographic representation on school boards can lead to underfunded schools, school and student achievement gaps, and disenfranchised voters.

Founded in 2001, the FLP is an academic and leadership development program that benefits Dallas Independent School District (DISD) students, ages 12-18, and provides them with year-round academic coursework and leadership training to prepare students for success in college and beyond. The FLP has become a national model to address the “dropout epidemic.”

The petition adds that the Brewer Foundation has a “vested interest” in the availability of the A-F performance ratings so the students in the FLP program and their parents can make “informed school decisions.”

The petition observes that the five plaintiff school districts face considerable challenges with student achievement:

  • Pecos-Barstow-Toyah Independent School District in West Texas in 2022-23 enrolled 2,776 students, of whom about 72% were economically disadvantaged and 91% were Hispanic. In 2023, 66% of students did not meet grade level.

  • Crandall Independent School District outside of Dallas in 2022-23 enrolled 6,003 students of whom about 62% were economically disadvantaged, about 40% were Hispanic, 31% were white and 25% were Black. In 2023, about 60% of students did not meet grade level.

  • Forney Independent School District outside of Dallas in 2022-23 enrolled 16,211 students, of whom about 43% were economically disadvantaged, 36% of students were Black and 29% were Hispanic. In 2023, about 51% of students did not meet grade level.

  • Fort Stockton Independent School District in West Texas in 2022-23 enrolled 2,187 students, of whom about 71% were economically disadvantaged and 89% were Hispanic. In 2023, about 65% of students did not meet grade level.

  • Kingsville Independent School District in South Texas in 2022-23 enrolled 2,694 students, of whom about 83% were economically disadvantaged and 85% were Hispanic. In 2023, about 73% of students did not meet grade level.

The petition seeks dissolution of the temporary restraining order – and denial of plaintiffs’ request for a permanent injunction prohibiting the issuance of accountability ratings for the 2023-24 school year.

Free Speech Group Supports NRA

August 19, 2024 – Law360 reports on an amicus brief filed by the Foundation for Individual Rights and Expression (FIRE) in support of Brewer client the National Rifle Association of America (NRA). As reported, “A former New York state official isn't immune from the National Rifle Association’s suit claiming she violated the group's rights by pressuring financial institutions to cut ties with it, a free speech group told the Second Circuit on Monday, citing a recent U.S. Supreme Court decision in the dispute.”

The report says that, in an amicus brief filed in support of the NRA, FIRE said granting former New York Department of Financial Services Superintendent Maria T. Vullo qualified immunity “would telegraph just how officials can avoid constitutional limits by slightly modifying or softening their coercive statements.”

In a unanimous decision in May, the U.S. Supreme Court said the NRA plausibly alleged that Vullo violated the group’s First Amendment rights by coercing DFS-regulated banks and insurers into cutting ties with the NRA. The NRA and Vullo filed Supplemental Letter Briefs on July 29, 2024.

To read more, click here.

Best Lawyers Names Senior Associate Gizem Petrosino to 2025 "Ones to Watch" List

August 15, 2024- Senior Associate Gizem Petrosino has been selected to the fifth edition of the 2025 Best Lawyers "Ones to Watch" in America list. Petrosino earned the recognition in the practice area of Labor and Employment Litigation for the second consecutive year. She was also selected for the 2024 "Ones to Watch" list.

Using a peer review methodology, Best Lawyers: Ones to Watch recognizes attorneys for their outstanding professional excellence in private practice. The recipients have typically been in practice for five to nine years. Candidates are nominated, and then go through a rigorous peer review process before being nationally recognized. 

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in the publication signals not only legal expertise but also ethics and professionalism of the highest caliber.

Petrosino's practice focuses on complex commercial, construction, intellectual property, securities and employment litigation. She has achieved early dismissals and dispositive motion awards, in addition to negotiating favorable settlements for clients. She has admissions in both New York and Texas and has practiced extensively in both jurisdictions and numerous federal and state courts across the nation.