Along with co-counsel at Milbank, ICAP is defending Maria Vullo, the former Superintendent of the New York State Department of Financial Services (DFS), against a lawsuit brought by the National Rifle Association (NRA). The NRA alleges that Ms. Vullo, in the course of an investigation into concededly unlawful conduct by the NRA and others, violated the First Amendment by coercing insurance entities to stop doing business with the NRA.
In a significant victory for the defense, the Second Circuit ruled in July 2025 that Ms. Vullo is immune from the lawsuit, as her actions did not violate “clearly established law” at the time. ICAP is currently depending this result in the Supreme Court to protect the ability of public officials to enforce state law fairly without fear, favor, or prejudice, regardless of a regulated entity’s controversial viewpoint.