William Brewer III

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The Full Ack-Mac Statement On Terminating Their Contract With The NRA

May 31, 2019 by 2 Comments

Oklahoma City News 9 published the full statement from Ackerman McQueen on their move to terminate its contract with the National Rifle Association. Previous news reports only quoted excerpts from this statement.

From News 9:

May 29, 2019 State From Ackerman McQueen

“Today, faced with the NRA’s many inexplicable actions that have constructively terminated the parties’ Services Agreement, Ackerman McQueen decided it is time to stand up for the truth, and formally provide a Notice to Terminate its almost four-decade long relationship with the National Rifle Association.

“Over the last very difficult year, the NRA’s chaos led us to lose faith in the organization’s willingness to act on behalf of the NRA’s mission. We implored everyone involved to stay true to the NRA membership. In return, we were attacked in frivolous lawsuits and defamed with made-up stories that were then cowardly peddled to the media. Our employee’s rights to privacy were challenged by a determination to drag false allegations into the public with leaks and innuendo. The intent was to make us afraid. We will never fear the truth.

“The NRA has been a powerful force to protect the civil liberties of law-abiding Americans. For 38 years we were with them, as we are with all of our clients, to serve their mission. The turmoil the NRA faces today was self-inflicted. It could have been avoided. We deeply regret that it wasn’t.”

I speculated on Wednesday that Ack-Mac may be recognizing the rise of William Brewer III and his firm in the equation of things and Brewer’s goal to be the one stop shop for both legal and PR needs. I’ve had two NRA Directors who shall remain unnamed contact me since I wrote that to say they thought that was spot on and that Brewer was pushing in that direction. Both took a dim view of the efforts of Brewer.

In response to a question I posted on NRA Director and WLP loyalist Todd Rathner’s Facebook page asking if Brewer would be the new go-to for PR, Mr. Rathner replied:

No. I have asked that exact question and was told that his PR shop is specifically set up to support his legal work. They are not equipped to provide the type of services the NRA requires for overall PR. A lot will be coming in house, some services will be outsourced.

Maybe yes, maybe no but don’t be surprised to see Brewer’s billings increase even more.

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NRA Response To Ack-Mac Terminating Contract

May 29, 2019 by 1 Comment

The NRA has responded to the news that Ackerman McQueen has moved to terminate their contract. Interestingly, the place where I find the most complete version of their statements is on Bloomberg. Go figure.

The statements made on behalf of the NRA come from their outside counsel William Brewer III and NRA Public Affairs Director Andrew Arulanandam.

From Bloomberg:

“It is not surprising that Ackerman now attempts to escape the consequences of its own conduct,” William A. Brewer III, a lawyer for the NRA, said in a statement. “When confronted with inquiries about its services and billing records, Ackerman not only failed to cooperate — it sponsored a failed coup attempt to unseat Wayne LaPierre. The NRA alleges that Ackerman not only attempted to derail an investigation into its conduct, but unleashed a smear campaign against any who dared to hold the agency accountable.”


NRA spokesman Andrew Arulanandam said the group would begin shifting its communications work. “We have an opportunity to elevate our brand, communicate with a broader community of gun owners and press the advantage in the upcoming 2020 elections,” he said in a statement.

As I said in an earlier post, it looks like Brewer is angling to be the provider of both legal and PR services to the NRA. That would be a serious mistake in my opinion. Arulanandam’s statement does give me a little hope that the NRA will beginning reaching out to more than just conservatives for support. However, they may have burned their bridges on that.

Even though the NRA and Ack-Mac were facing off in court, they still continued to work together. Indeed, Ack-Mac was in the room when in the Board of Directors went into executive session at their board meeting. We find this out from a court filing made by the NRA in their suit against Ack-Mac. The motion asks for a freeze in the proceedings due to Ack-Mac coming into possession of the Powerpoint slides that William Brewer III used to outline the legal strategy.

Again, from Bloomberg.

Then came the alleged subterfuge: An employee of Brewer gave a thumb drive with the PowerPoint file to an audio-visual assistant at the meeting so he could load it onto a laptop computer to display. That AV man was an employee of Ackerman McQueen and later “absconded with a digital copy of the presentation,” according to an NRA filing Thursday in Virginia state court.

After an employee of Brewer’s firm realized the laptop was gone, he called the Ackerman employee, who said he had deleted the presentation, according to the filing. But two weeks later, a lawyer representing Ackerman notified an NRA attorney that he was in possession of not one but two thumb drives onto which the the PowerPoint presentation had been copied. He said no one at his firm reviewed the document because it appeared confidential. He offered to destroy or deliver the drives.

The NRA isn’t satisfied. It filed an emergency motion seeking to halt the lawsuit until it gets to the bottom of how its legal strategy ended up in the possession of Ackerman and its law firm. Virginia ethical guidelines instruct lawyers who receive misdirected communications to promptly notify their legal adversaries. But the NRA claims the conduct by Ackerman has done “imminent, irreparable harm” to it and asked the court to consider disqualifying the firm’s lawyers.

“The facts uncovered so far raise grave concern, because AMc stole the NRA’s confidential and privileged information for its benefit,” the group said. “The PowerPoint provides a roadmap of the NRA’s strategy in the litigation, as well as the thoughts, mental impressions and work product of the NRA’s counsel.”

I’m sure the NRA would like to disqualify Ack-Mac’s attorneys. I’ve read their counter-claim against the NRA and it is certainly better written than the NRA’s original complaint. I will admit to being a bit picky about the quality of writing in legal briefs as I’ve read a lot of good ones over the years for this blog.

As it is, what brilliant person in executive management thought it was a good idea to have employees of the company you are suing to provide technical support? Moreover, it leads to the question as to whether Wayne and Company are so intertwined with Ack-Mac that they can’t tell the difference between an Ack-Mac employee and a NRA employee?

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Ack-Mac Moves To End Contract With NRA

May 29, 2019 by 4 Comments

The NRA’s longtime advertising firm Ackerman McQueen has formally provided notice that they will be moving to terminate their contract according to the Wall Street Journal.

In the announcement Wednesday, Ackerman said it had formally provided a notice to terminate its contract with the NRA, claiming the agreement already had been “constructively terminated” by the NRA’s own “inexplicable actions.”

The NRA didn’t immediately respond to a request for comment.

The ad firm said it had implored all parties to stay true to the NRA’s membership, but instead was “attacked in frivolous lawsuits and defamed with made-up stories” peddled to the news media.

This move comes on the heels of two lawsuits by the NRA against Ackerman McQueen and a counterclaim by Ack-Mac.

There is no word what will happen to NRATV which is produced for the NRA by Ack-Mac. As a reminder, NRATV personalities such as Cam Edward and Ginny Simone are Ack-Mac employees  while others like Dana Loesch are independent contractors.

While many of us have long wanted Ack-Mac gone or have, at the minimum, wanted a competitive RFP (request for proposal) search for an ad firm, this is a bit of a surprise to see Ack-Mac just walking away. It could mean that they see the NRA as a diminishing source of revenue and are fleeing like rats from a sinking ship. Alternatively, it could be a recognition by Ack-Mac of the rise of William Brewer III and his attempt to be the one stop shop for both legal and PR work for the NRA. Only time (and targeted information leaks) will tell.

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An Insight Into The Thinking Of William Brewer (Updated)

May 15, 2019 by

William Brewer III is the outside counsel for the NRA and is the lead counsel in their case against Gov. Andrew Cuomo and New York State. He is also at the center of some of the controversy surrounding the NRA due to his bills.

I stumbled across this very recent article written by Brewer in Texas Lawyer. The article is entitled Advocacy as Art:  Lawyers Must Engage in Issues and Crisis Management. The article is behind a paywall but registration is free and you can read up to 3 articles per month.

His thesis in this article is that in large cases attorneys must manage both the courtroom litigation and the public relations outside the courtroom. I think you are seeing that very clearly in that he is the one who provides the response in many cases to the billing controversies, the Ack-Mac leaks, and the case against Ack-Mac itself.

From the article:

The fusion of legal and communications resources can produce more compelling, effective advocacy—enabling clients to favorably posture themselves, mitigate reputational damage and have a voice in the telling of the stories that define them.

What’s more, lawyers who manage issues and crisis management are able to help clients gain strategic advantages in their advocacy and recognize improvements in operational efficiencies, including cost-savings.

When communications professionals are deployed within law firms, the resources are more quickly and readily available. They are unencumbered by the drag of expensive “ramp up” periods often required by PR firms—which often renders the messaging “late” and diminishes its effectiveness.

There is also an inherent advantage in having law, media and politics all directed under the umbrella of the attorney-client relationship. The advocacy can be coordinated and responsive— working in alignment with a client’s legal objectives, elements of which might not be fully appreciated by a siloed PR firm.

If you read that last paragraph closely, you can see what he is trying to do for his firm with the NRA. He is seeking to be the legal counsel, the Ack-Mac PR firm, and the NRA-ILA wrapped up into one neat package. In other words, he wants to be the one-stop shop for all their needs and in turn get all the money.

Even if Brewer was the best attorney on Earth – and that is in considerable doubt – he still doesn’t have the necessary infrastructure to also provide the public relations and lobbying clout that the NRA needs. You need only to look over the list of professionals at his firm to see that.

I think there is a lot of danger for the NRA in what he is attempting to do  in having “law, media, and politics all directed under the umbrella of the attorney-client relationship.” While the bar canon posits that he should put his clients first, his ethical lapses in the past make one suspect that he will first do what is right for Bill Brewer. If that means sucking the coffers of the NRA dry, so be it.

UPDATE: David Codrea has a post on William Brewer along with links to Open Secrets questioning just if this is really a “pro-gun” attorney. According to Open Secrets which tracks campaign donations, Mr. Brewer gave $2,700 to the campaign of Beto aka Robert Francis O’Rourke and zip to Sen. Ted Cruz. He has also given money to such “pro-gun” luminaries as Al Franken, Hillary Clinton, Sheldon Whitehouse, and Dick Durbin.

I wouldn’t care if Brewer was the real life reincarnation of Perry Mason he gave money to Beto F’ing O’Rourke. That alone should make you question his judgment.

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Joint North-Childress Letter On Payments To NRA Outside Counsel

May 12, 2019 by 2 Comments

Below is the joint letter from then-NRA President Oliver North and then-First VP Richard Childress to John Fraser, NRA General Counsel, and Charles Cotton, Chair of the NRA Board’s Audit Committee (and now First VP), regarding the payments to the NRA’s outside counsel William Brewer III.

Another board member who shall remain unnamed told me that Brewer could become the NRA’s biggest vendor – more than Ack-Mac – if things keep going this way. He also was very dismissive of his legal abilities, he had concerns about his ethical issues, even more concerns about his sway with Wayne LaPierre, and characterized him as a hustler. A friend who is an attorney in Dallas where Mr. Brewer is located said Brewer was “an asshole”. I will make no judgment on his legal competency as I’m not a lawyer but would say you could get some of the best lawyers in DC like Paul Clement and the firm of Cooper and Kirk for probably less.

The nine page letter is below:

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A Heavy Artillery Salvo Has Been Fired On The NRA

April 28, 2019 by 2 Comments

Much of what has been said by politicians about the NRA and everything negative that has appeared recently in the media of any sort should be considered the equivalent of sniping. It might take out one or two people but not the whole organization. That was then.

The office of New York Attorney General Letitia James (D-NY) has now fired what I would consider the preparatory barrage in the effort to dissolve the NRA. As someone noted to me, James is under pressure to act and she did on Friday.

From NPR reporting on the NRA Annual Meeting:

Even as the NRA struggled to handle its internal divisions, an external threat emerged this weekend in the form of a new investigation by New York Attorney General Letitia James.

“The Office of New York State Attorney General Letitia James has launched an investigation related to the National Rifle Association (NRA),” a spokesperson for the attorney general told NPR. “As part of this investigation, the Attorney General has issued subpoenas. We will not have further comment at this time.”

The NRA has received a document preservation notice in connection with the investigation being undertaken by the New York attorney general, according to a source familiar with the matter.

The NRA responded to the announcement of the investigation by pledging its cooperation.

“The NRA will fully cooperate with any inquiry into its finances,” said William A. Brewer III, an outside lawyer for the NRA. “The NRA is prepared for this, and has full confidence in its accounting practices and commitment to good governance.”

 This is serious.

It is even more serious because as evidenced by the NRA Meeting of the Members today too many people think just ignoring it will make it go away. The matter is NOT going away.

Compounding this is the NRA’s outside counsel who has a checkered past in terms of legal ethics. He was sanctioned in Texas and his appeal of it was upheld by the Texas Appeals Court last year.

If the NRA is going to use an outside counsel, I might suggest getting the very best – and cleanest – New York non-profit law specialist and let him or her handle it. However, given Brewer’s apparent hold on the attention of certain NRA executives, I doubt this will happen.