NRA v. Ackerman, Texas

NRA’s Opposition to Quash Third Party Subpoenas

February 21, 2020

Filing Summary

This brief includes the NRA’s response to Ackerman’s attempt to prevent the NRA from seeking discovery from its former clients in the litigation. Ackerman had painted the discovery requests as burdensome and unnecessary, however the NRA counters that the discovery is necessary to understand Ackerman’s knowledge of digital platforms like NRATV and its reputation among its clients.

Key Points

  • The NRA claims it needs discovery from Ackerman because “a series of digital media platforms, created and managed by [Ackerman] on behalf of other clients, have been shut down because of their ineffectiveness, costliness, and [Ackerman’s] unwillingness to provide accurate performance data to current and former clients….” (p.7)
  • Further, the NRA’s brief notes that Ackerman is alleging reputational damages in its counterclaims, and thus, the NRA argues that discovery into Ackerman’s reputation with its clients is relevant to the litigation. (p.19)
  • According to the NRA, Ackerman told it that NRA TV presented a “good opportunity to generate revenue” and that the NRA’s “initial investment of $10 million would ‘pay for itself’ within three years, based on [Ackerman’s] experience with previous platforms developed for other clients.”  (p.9)
  • The NRA claims that it was contacted by the General Counsel of a former client of Ackerman,  the American Clear Skies Foundation, who offered assistance and said “I’m pleased to see [Ackerman] get called on their practices finally.” (p.19)