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Home > News and Updates
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| 8/10/2010
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Scott Strauss and Peter Hopkins co-author article for Public Utilities Fortnightly entitled “The Constellation Experience: Ring-Fencing After the Subprime Meltdown”
In an article
in the August 2010 issue of Public Utilities Fortnightly, Spiegel partners Scott Strauss and Peter Hopkins discuss the use by the Maryland Public Service Commission of “ring-fencing” measures to protect a regulated utility subsidiary in a holding company structure from risks stemming from the holding company’s unregulated enterprises. Set against the near-bankruptcy of the Constellation Energy Group and subsequent regulatory action by the Maryland Commission, the authors offer the Maryland experience as a guide for other regulatory commissions and litigants confronted with holding company issues and concerned about bankruptcy remoteness, credit rating separation and corporate governance structures. The authors speak in this piece from direct experience, as they were retained by the Office of the Maryland Attorney General and the Maryland Energy Administration to assist in the Attorney General’s representation of the State in the Constellation litigation before the PSC.
The article “The Constellation Experience: Ring-Fencing After the Subprime Meltdown,” may be found on Public Utilities Fortnightly’s website.
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| 7/21/2010
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Lisa Dowden reports on: Are You Prepared? The Importance of Assessing Your Utility's FERC Compliance Program
In this informative article, Lisa Dowden provides a checklist for assessing your utility’s FERC compliance program. Read it here.
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| 7/20/2010
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Tim Lay was a presenter at the National Association of Counties’ annual conference in Reno
Read his paper on recent broadband, telecom and tax developments of interest to local governments and his bio.
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| 7/19/2010
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Scott Strauss, Jeff Schwarz and Elaine Lippmann co-author a paper for the National Regulatory Research Institute concerning "graying" of utility workforces and implications for state commissions
"ARE UTILITY WORKFORCES PREPARED FOR NEW DEMANDS? RECOMMENDATIONS FOR STATE COMMISSION INQUIRIES"
Co-authored by Scott Strauss, Jeff Schwarz and
Elaine Lippmann
The energy industry faces an impending workforce shortage. The shortage reflects an unprecedented number of retirements expected to occur in the next decade, coupled with increasing energy demand and changes in the skill sets needed to support shifts toward “greener” energy technologies. Both the Department of Labor and the North American Electric Reliability Corporation have expressed concerns that this so¬called “graying of the workforce” and the anticipated workforce shortfall threatens the reliability, efficiency and security of utility services.
Prepared for the National Regulatory Research Institute, the paper reviews the various forms of state commission statutory authority to address workforce graying and other staffing issues, and then addresses: options for structuring an investigation; suggestions for compiling data on workforce issues, including sample data requests; examples from around the country of the types of activities that energy utilities and others are taking to address staffing concerns; and issues that commissions may confront in fashioning solutions, including concerns about impinging upon "management prerogatives."
The paper can be accessed here.
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| 6/21/2010
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Department of Energy seeks comments on electric utilities’ Smart Grid and other communications needs
The Department of Energy (DOE) has issued a Request for Information (RFI) seeking comments and information about the communications needs of utilities relating to, among other things, the Smart Grid.
Initial comments on the RFI are due on July 12, and reply comments are due on July 26...(More)
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| 6/20/2010
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Gloria Tristani and Tim Lay invite you to hear a free BrightTalk webinar about current critical comment opportunities for municipal utilities and co-ops to participate in FCC and DOE proceedings
During the summer of 2010, municipal utilities and co-ops will have the opportunity to participate in FCC and DOE proceedings that have the potential to impact current pole attachment revenues and practices and to determine the Smart Grid and other communications spectrum needs of utilities.
To hear the webinar, click on the link for the free BrightTalk online webinar now.
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| 5/25/2010
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Meet the CFTC – Enforcement…Changes in the electricity markets related to deregulation have caused some electricity transactions to fall into the jurisdictional reach of the Commodity Futures Trading Commission
See the attached, the first in a series of memos providing insight into what the CFTC is, what it does, whom it regulates and how it might affect your utility in the future.
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| 5/24/2010
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FCC initiates rulemaking to simplify the E-Rate program
and give libraries and schools more opportunities for
broadband support
To read the informative memo, click here.
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| 5/21/2010
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FCC adopts order and FNPRM designed to lower pole attachment rates and require faster attachments
Yesterday, the FCC adopted an Order and Further Notice of Proposed Rulemaking on pole attachments. The FCC has proposed rule changes designed to lower the pole attachment rates that pole owners may charge, and to require pole owners to give communications service providers faster access to poles. We have prepared the attached memo about the FCC's pole attachment actions.
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| 4/9/2010
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Court vacates FCC's Comcast/BitTorrent Order, casting FCC’S Title I jurisdiction over BROADBAND into doubt...Overview by Tim Lay
On April 6th the D.C. Circuit rendered its decision in Comcast Corp. v. FCC (a/k/a, the “BitTorrent”
case), holding that the FCC had failed to adequately justify its claimed Title I ancillary jurisdiction authority over Comcast’s broadband Internet access network management practices. Full memo click here.
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| 4/6/2010
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Scott H. Strauss named a 2010 Washington DC Super Lawyer for the fourth year in a row in the category of Energy & Natural Resources
Super Lawyers recognizes only the top 5% of lawyers in the Washington, DC area. Link to more info.
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| 4/5/2010
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Stephen C. Pearson has become a member of the firm
Spiegel & McDiarmid LLP is pleased to announce that as of January 1, 2010, Mr. Stephen C. Pearson has become a partner in the firm.
Mr. Pearson concentrates in the energy law and litigation practices. As an active member of the firm's energy practice, Mr. Pearson represents municipal electric clients throughout the United States and has extensive litigation experience in a variety of proceedings before the Federal Energy Regulatory Commission (FERC). (More)
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| 4/4/2010
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Supreme Court to review lower court decision striking down state law prohibiting the sale of violent video games to minors
To read the details, click here.
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| 3/28/2010
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Gloria Tristani, former FCC Commissioner, discusses The National Broadband Plan's Energy and the Environment Recommendations: Implications for Municipal Utilities, Rural Electric Cooperatives and Other Interested Parties
To read the article, click here.
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| 3/25/2010
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Tim Lay and Spiegel & McDiarmid's Telecom Practice Group analyze the infrastructure provisions related to pole attachment and rights-of-way of the FCC's National Broadband Plan
To read the analysis, click here.
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| 3/16/2010
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Jim Horwood, Tim Lay and Gloria Tristani provide an overview of the newly released FCC's National Broadband Plan
The Plan addresses a host of issues of interest to state and local governments related to the communications, energy and education sectors, as well as other sectors of our economy. Attached is an overview of the Plan authored by Jim Horwood, Tim Lay, and Gloria Tristani.
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| 11/20/2009
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Public Utilities Fortnightly features Cindy Bogorad in article on "Groundbreaking Lawyers of 2009"
Partner Cindy Bogorad was named by Public Utilities Fortnightly as one of the industry's 35 "Groundbreaking Lawyers of 2009." Cindy was interviewed by PUF for its article, entitled "Policy Shift," which appears in the magazine’s November 2009 issue. The article focuses on the shifting regulatory environment and may be read online.
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| 11/19/2009
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Scott Strauss and Peter Hopkins complete successful representation of the State of Maryland before the MD PSC concerning proposed $4.5 billion purchase by Électricité de France of 49.99% of Constellation Energy's nuclear plant subsidiary
In an October 30th decision, the Maryland Public Service Commission approved, with substantial conditions, the proposed acquisition by EDF, a French utility, of a nearly 50 percent interest in Constellation Energy’s nuclear subsidiary. More…
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| 11/10/2009
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IMLA's Municipal Lawyer magazine published as its feature article "Brownfields or Minefields? Redevelopment and CERCLA" (September/October 2009) by Spiegel attorney Elaine Lippmann
In this informative article, Elaine Lippmann explores the legal issues/liabilities that come into play when local governments redevelop brownfields. To read the article, click here.
This article was first published by the International Municipal Lawyers Association (IMLA), 7910 Woodmont Ave., Bethesda, MD 20814, and is reproduced with the permission of IMLA. IMLA is a non-profit, professional organization that has been an advocate and resource for local government attorneys since 1935. IMLA serves more than 3,407 member municipalities and local government entities in the United States and Canada, and is the only international organization devoted exclusively to addressing the needs of local government lawyers. Further information about IMLA is available at IMLA’s website, www.imla.org.
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| 8/15/2009
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Hydro team wins Second Circuit Decision vacating license, declaring FERC’s denial of intervention to the Green Island Power Authority, “arbitrary and capricious”; could lead to restoration of waterfall and large new hydro project on the Mohawk River
A Second Circuit panel, including now Justice Sotomayor, heard arguments in an appeal of a hydroelectric relicensing decision, challenging FERC’s denial of intervention to the Green Island Power Authority; the remaining panel has now ruled that FERC’s denial was “arbitrary and capricious” and vacated the license FERC issued for the existing 38.8 MW School Street hydro project. GIPA v. FERC, 07-1737-ag(L), et al, decided August 10, 2009.
The Court held FERC could not rely on settlements to avoid exercising its independent judgment and confirmed that the Court’s landmark 1965 Scenic Hudson environmental ruling was not outmoded and should be applied to determine whether GIPA’s proposed 100 MW alternative project that would include modern fish protection technology and restore a scenic waterfall—the Cohoes Falls Project—better met the statutory standards of “best adapted” and “in the public interest.” To read the decision, click here.
FERC had asserted that the 1965 landmark Second Circuit decision (which has been used as the exemplar in many law school courses on the environment and public policy) was no longer relevant and could be ignored in light of FERC’s lengthy regulatory process, while simultaneously asserting that it did not have to consider the GIPA proposal on timeliness grounds. The Court was not persuaded by FERC’s argument that legitimate alternatives could be ignored, simply because of the point in the process at which they were raised.
Attorneys that participated in this effort were Fran Francis, William Huang, and Rebecca Baldwin.
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| 4/20/2009
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Partner Lisa Dowden reports on the EPA’s proposed rule on Climate Registry
As part of our ongoing efforts to keep our clients and friends informed on climate change policy developments, partner Lisa Dowden wrote this news brief that describes the features of the EPA's proposed greenhouse gas registry rule.
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| 3/25/2009
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The Stimulus offers vast opportunities in energy, telecommunications and transportation to the well-prepared
The passage of the American Recovery and Reinvestment Act of 2009 (“ARRA”), the “Stimulus,” means that, over the next few years, public and private entities operating in the energy, telecommunications, and transportation fields will see an aggregate influx of billions of dollars in grants, loans, and tax or bonding incentives. In seeking ARRA dollars, slow and steady will not win the race – unless you started running several years ago. The ARRA’s emphasis is on fast moving projects that can generate immediate job creation, reduce the nation’s carbon footprint, increase our reliance on renewable and carbon-neutral energy sources, and create or rebuild our infrastructure. Thus, while the available funding amounts are unprecedented, those who can harness their resources to implement projects on a “hurry-up” basis are most likely to qualify for Stimulus dollars. More…
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| 3/18/2009
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Scott Strauss named an energy "Super Lawyer" 2009
Spiegel & McDiarmid LLP proudly announces that partner Scott H. Strauss has been selected for inclusion in the March 2009 issue of Washington DC Super Lawyers. He is named in the “Energy and Natural Resources” practice area. Scott was also included in the 2007 and 2008 Super Lawyers publications for the same practice area.
Washington DC Super Lawyers identifies the top five percent of attorneys in the Washington, DC metro area “by using a multi-step evaluation process based on peer recognition and professional achievement.” To read the full press release, click here.
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| 3/17/2009
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Of Counsel Gloria Tristani, a former FCC Commissioner, wrote the article, "Expand Low Power Radio Stations" published by the American Forum
In this informative article, Gloria Tristani writes: "While the number of radio stations is growing, ownership is concentrated in fewer and fewer hands due to widespread media consolidation. This means today's radio often offers national playlists, syndicated programming and other piped-in content that threatens localism and the diversity of voices on the public airwaves." More…
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| 3/11/2009
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Scott Strauss, Peter Hopkins and Dan Davidson successfully represented the State of Maryland and the MD Energy Administration before the MD PSC concerning proposed $4.5 billion purchase by EDF of part of Constellation Energy's nuclear plant subsidiary
In a decision issued June 11th, the MD PSC found that the deal between Constellation Energy and EDF would give EDF the power to exercise "substantial influence" over Baltimore Gas & Electric, and that therefore the transaction could not go forward absent PSC approval. BGE, the PSC-regulated subsidiary of Constellation, provides electric service to more than 1 million customers and gas service to another 600,000 customers. This decision marks the first time that the Commission has addressed a dispute over whether a proposed transaction would result in an entity acquiring the power to exercise “substantial influence,” as defined in legislation adopted by Maryland in 2006. To read the complete Order click here. For move information on attorneys click Scott H. Strauss, Peter J. Hopkins, and Daniel I. Davidson.
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| 3/3/2009
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Tim Lay and Gloria Tristani summarize the broadband provisions of the Stimulus legislation
Spiegel & McDiarmid's Telecommunications Practice Group has prepared a memorandum summarizing and analyzing the broadband-related provisions of the recently enacted American Recovery and Reinvestment Act of 2009 (also known as the Stimulus legislation). We encourage you to pass the memorandum along to your members, departments or colleagues who may be interested in broadband or telecommunications matters.
If you would like further information or are interested in participating in the new broadband grant programs created by the legislation, please feel free to contact any Spiegel partner with whom you work or one of the following members of our Telecommunications Practice Group: Jim Horwood, Tim Lay, or Gloria Tristani.
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| 2/23/2009
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Tom Trauger and Peter Hopkins Help Owensboro Municipal Utilities; Court Rejects $47M Damages Claim
Following a multi-week bench trial, the United States District Court for the Western District of Kentucky has ruled in favor of Owensboro Municipal Utilities and rejected Kentucky Utilities Company’s claim that Owensboro allegedly failed to operate the Elmer Smith Generating Station in a good and workmanlike manner and thereby increased KU’s power supply costs. The Court found that KU had failed to prove its liability claim and in addition rejected KU’s $47,000,000 damages claim as “speculative at best.”
Spiegel & McDiarmid partners Tom Trauger and Peter Hopkins represented Owensboro at trial together with lead counsel Pat Pace, of Kamuf, Pace & Kamuf and Michael D. Risley of Stites & Harbison. Mr. Pace described the Court’s ruling as a “vindication” of Owensboro’s management and work force. A copy is available here.
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| 2/4/2009
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Scott Strauss and Jeff Schwarz Author Article on FERC's Transmission Incentives Policy in the February Issue of Public Utility Fortnightly
Scott Strauss and Jeff Schwarz wrote the article "Transmission Incentive Overhaul: FERC's ROE Incentive Adder Policy Sends the Wrong Signals" that was published in the February 2009 issue of Public Utilities Fortnightly.
The article reviews FERC's implementation of transmission incentive rates passed by Congress in 2005, particularly its use of return on equity rate adders, and finds that the ROE incentive regimen will serve largely as a windfall to transmission owners but will not encourage cost-efficient construction and maintenance of transmission systems.
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| 1/30/2009
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Spiegel & McDiarmid Attorneys File a Petition with the FCC on Behalf of a Nationwide Coalition of Municipalities and Regional Organizations Charging that AT&T Discriminates Against Local Public Channels with its U-verse Cable Television System
On January 30, Spiegel & McDiarmid attorneys Jim Horwood, Tim Lay, Gloria Tristani and Wendy Watson filed a Petition for Declaratory Ruling with the FCC asking the FCC to declare that AT&T's method of delivering public, educational and governmental access programming on its U-verse cable television system, known as "AT&T's PEG Product," results in inferior accessibility, functionality and signal quality to that afforded other video channels on the U-verse system and thus constitutes systematic and unlawful discrimination in violation of federal law and FCC regulations.
The Petition also asked the FCC to declare that FCC rules require AT&T's PEG Product to pass through closed captioning contained in PEG programming to subscribers. The Petition was filed on behalf of a nationwide coalition of municipalities and regional organizations that are adversely affected by AT&T's treatment of local access programming.
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| 1/2/2009
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The “Next New Deal”: Anticipating the Impact of the Obama‑Biden Administration on Spiegel & McDiarmid Clients and Friends
In light of the historic election of President Barack Obama and the serious challenges the country faces, we have prepared this newsletter setting out some thoughts on what likely changes might be of particular interest to our clients and friends. Each of the firm’s practice groups has written a summary of the changes we believe may occur (or at least be attempted) under the new Administration and Congress in the substantive areas in which we work. The firm is currently assisting clients in a number of these areas, and has significant experience with them. We hope you find this newsletter useful.
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| 11/1/2008
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"Pre-Approval Commitments: When And Under What Conditions Should Regulators Commit Ratepayer Dollars to Utility-Proposed Capital Projects?" Prepared by: Spiegel's Scott Strauss and Scott Hempling of NRRI
Until the last quarter of the 20th century, utility regulators commonly made cost recovery decisions concerning new capital projects only after construction was completed and the facility had entered commercial operation. Some state commissions, based on traditional statutes or recent amendments, are breaking from this traditional approach, thereby providing some level or form of cost recovery assurance prior to commercial operation (and sometimes prior to commencement of construction). Stimulating these new approaches are multiple factors: growing demand, aging infrastructure, environmental requirements, an increasing call for the construction of renewable projects, and shrinking credit markets.
This paper addresses the many and conflicting considerations raised when a utility asks a commission to commit to cost recovery in advance of the regulated utility’s completion or, perhaps, even the initiation of construction of a major capital project. To read the paper, click here. For information about the authors: Scott Strauss and Scott Hempling
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| 10/20/2008
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Spiegel & McDiarmid's Climate Change Group Writes Informative Article, "Renewable Energy Provisions in Power Purchase Agreements: A Primer"
To read the article, click here
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| 6/28/2008
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Supreme Court Issues Long-Awaited Decision on Contracts Entered into During Western Electric Meltdown
On June 26, a divided Supreme Court issued its long-awaited opinion in Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County. The opinion addressed a Ninth Circuit decision concerning the extent to which the Federal Energy Regulatory Commission (“FERC”) has authority to modify or terminate contracts entered into during the California “energy crisis” of 2000-2001. Click here to see the Supreme Court's opinion and here to view the amicus brief filed by Spiegel attorneys Scott Strauss, Mark Hegedus and Jeffrey Schwarz.
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| 6/15/2008
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Jim Horwood, Tim Lay, Gloria Tristani and Ruben Gomez File Pro Bono Amicus Brief for Children's Advocacy Groups in Supreme Court TV Broadcast "Fleeting Expletive" Case
On June 9, Spiegel attorneys Jim Horwood, Tim Lay, Gloria Tristani and Ruben Gomez, together with the Institute for Public Representation at Georgetown University Law Center, filed an amicus brief with the Supreme Court in FCC, et al. v. Fox Television Stations, et al., on behalf of several children's advocacy groups.
The firm prepared the brief on a pro bono basis. To read the press release, click here and to read the complete brief, click here.
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| 6/5/2008
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Scott Strauss and Ruben Gomez Publish Article on State Commission Regulatory Proceedings in July/August/September issue of The Utility Worker
Scott Strauss and Ruben Gomez published the article "When to intervene in state regulatory cases, and what to expect should you decide to do so" in the July/August/September issue of the Utility Workers' Union of America's (UWUA) magazine, The Utility Worker. The article was adapted from a presentation given by Mr. Strauss at the Utility Workers 28th Constitutional Convention, held in June 2007.
To read the article, click here.
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| 5/28/2008
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Daniel Davidson and Peter Hopkins Head Spiegel & McDiarmid LLP's Litigation Team in False Claim Action with Co-Counsel that Obtained Settlements Totaling $76.25 Million
On May 19, 2008, the U.S. District Court for the Central District of California approved the final settlement of United States ex rel. Beck v. Hexcel Corp.
In the Beck case, Daniel Davidson and Peter Hopkins led the Spiegel & McDiarmid LLP litigation team and, with its co-counsel Ross, Dixon & Bell LLP, represented four private citizens as Relators under the Federal False Claims Act seeking to collect for losses incurred by the Federal Government as a result of what the Relators alleged was a price-fixing conspiracy for carbon fiber.
To read the press release, click here.
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| 5/11/2008
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Scott Strauss named an energy "Super Lawyer"
Spiegel & McDiarmid LLP proudly announces that partner Scott H. Strauss has been selected for inclusion in the March 2008 issue of Washington DC Super Lawyers. He is named in the practice area of
"Energy and Natural Resources." Mr. Strauss was also included in the 2007 Super Lawyers publication for the same practice area.
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| 4/17/2008
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Jim Horwood and Ruben Gomez Publish Article on the Deployment of Broadband Services
Jim Horwood and Ruben Gomez have published the article "What's the Scorecard? A Review of Current Efforts to Define Broadband Services" in the Spring 2008 issue of NATOA Journal. To read the article, click here.
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| 1/25/2008
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Gloria Tristani Publishes Article About the FCC in NATOA's Winter 2007 Issue of NATOA Journal
In this informative Lisa Dowden provides a checklist for assessing your utility’s FERC compliance program.
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| 1/22/2008
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Paul Connor Publishes Article on Environmental Sustainability Programs in BNA's Environment Reporter
In the January 4th, 2008 issue of BNA's Environment Reporter, Paul Connor published the article "Should Sustainability Replace Environmental Protection as the Goal of Environmental Programs?" To read the article, click here.
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| 12/18/2007
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Tim Lay Publishes Article on Supreme Court's Twombly Decision in November/December Issue of Municipal Lawyer Magazine
Tim Lay published the article "Twombly's New 'Plausibility' Standard for Complaints: A New Special Pleading Rule for Antitrust or Complex Case Plaintiffs, or for All Plaintiffs?" in the November/December 2007 issue of Municipal Lawyer magazine. To read the article, click here.
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| 11/19/2007
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Bob Jablon Publishes Article on Supreme Court Antitrust Decisions in November/December Issue of Public Power Magazine
Bob Jablon and 2007 Summer Associate Katie Mapes published the article "The High Court's Antitrust Thunderbolts" in the November/December 2007 issue of Public Power magazine. The article discusses, among other cases, this year's Bell Atlantic Corp. v. Twombly decision. To read the article, click here.
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| 10/5/2007
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Spiegel & McDiarmid Files Amicus Brief in U.S. Commodity Futures Trading Commission v. Amaranth Advisors L.L.C., et. al.
On behalf of the American Public Power Association (APPA), the American Public Gas Association (APGA) and the National Rural Electric Cooperative Association (NRECA), Spiegel & McDiarmid recently filed an amicus brief with the permission of the United States District Court for the Southern District of New York in U.S. Commodity Futures Trading Commission v. Amaranth Advisors L.L.C., et. al. Amaranth has asked the court to enjoin FERC's pending Show Cause Proceeding in FERC Docket No. IN07-26-000, arguing that FERC's exercise of its new market anti-manipulation authority under the Natural Gas Act ("NGA") conflicts with the CFTC's exercise of jurisdiction under the Commodity Exchange Act. APPA, APGA, and NRECA have a vital interest in FERC's new regulatory authority under the NGA and Federal Power Act. Our clients' brief argues that FERC is entitled to assess the scope of its own jurisdiction subject to review of any final order in the courts of appeals and that the district court lacks subject matter jurisdiction to enjoin FERC. To read the complete brief, click here.
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| 9/13/2007
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Spiegel & McDiarmid Represents Montanans Before FCC in Pro Bono Case
A recent article in the Missoula Independent provides an overview of a pro bono case on which Gloria Tristani, Spiegel & McDiarmid attorney and former FCC Commissioner, is working. Representing the Montana Human Rights Network (MHRN) and Kate Hunt, a local Montana resident, Ms. Tristani is contesting the renewal of an FCC-issued operating license for Kalispell, Montana radio station KGEZ. The station has a history of allegedly inciting violence and broadcasting hate speech, especially directed toward environmentalists. The MHRN and Ms. Hunt also allege that the station has not been satisfying its public interest requirements.
To read the complete article, click here.
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| 8/15/2007
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Cindy Bogorad Named 2007 FMEA Associate Member of the Year
On July 19, 2007, Spiegel & McDiarmid partner Cindy Bogorad was named the Florida Municipal Electric Association’s (FMEA) Associate Member of the Year. The award was presented during the Annual Banquet at the organization’s Annual Conference, held July 17-20 in Palm Beach, Florida. During the presentation, FMEA described Cindy as a "person of great intellect; someone who is able to wrap their mind around the most complex of issues and break them into understandable and digestible pieces… a devoted and trusted counselor." To read the full press release, click here.
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| 6/25/2007
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Gloria Tristani Speaks on Media Issues
Spiegel & McDiarmid attorney Gloria Tristani, a former FCC Commissioner, has recently spoken before several audiences across the country on various media issues:
C-SPAN
On June 9th, Gloria was featured on the C-SPAN program "The Communicators." The program is a weekly series featuring half-hour interviews with "people who shape our digital future." During the interview, Gloria discussed the recent Second Circuit Court of Appeals decision on "fleeting expletives," as well as indecency and violence in the media.
International Media Conference
Gloria spoke at the "MEDIA: Overseas Conversations (IV)" conference on May 31st, which was held in New York City at the Museum of Television & Radio. She was part of a panel, "International Perspectives on Government Policies and Youth Media," which discussed how government policies impact youth media around the world. In addition to Gloria, there were panel members from Spain, Belgium, and Mozambique. For more details, please click here.
Center for American Progress
Gloria spoke at an event hosted by the Center for American Progress on Thursday, May 17th. Discussion topics included media and telecommunications policy and its impact on civic engagement and community, as well as the media's effect on children and minorities. She was joined by Mark Lloyd of the Center for American Progress, author of the book Prologue to a Farce: Communication and Democracy in America. The program was held at the Center for American Progress' headquarters in Washington, DC. To read the full press release, please click here.
Wall Street Journal Online
On Friday, May 18, Gloria participated in a Wall Street Journal Online column called "Reply All," a column that features two notable figures discussing a topic of interest via e-mail. Gloria discussed violent television programming and whether the FCC should be responsible for limiting that violence with Rene Balcer, executive producer of "Law & Order" and co-creator of "Law & Order: Criminal Intent." Click here for the resulting article.
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| 6/11/2007
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Gloria Tristani Appointed to the FCC's Consumer Advisory Committee
Gloria Tristani has been appointed to the Federal Communication Commission's (FCC) Consumer Advisory Committee, effective June 8th, 2007, to represent the Alliance for Community Media.
A principal focus of the Committee will be the digital television transition as the FCC continues its efforts to assist consumers in understanding and preparing for the transition which, by law, must be completed by February 17, 2009. The Committee will provide valuable insights that should further the FCC’s goal of ensuring that all consumers, especially the elderly, low-income, non-English speaking consumers and people with disabilities, are aware of the transition and understand what specific steps, if any, they must take to continue watching television after the transition is complete. The Committee will provide the FCC with specific recommendations on how the FCC can best ensure a smooth transition. In addition to digital television, other topics to be addressed by the Committee will include, but are not limited to: consumer protection and education; access by people with disabilities; and impact upon consumers of new and emerging technologies.
The FCC established the Consumer Advisory Committee in November 2000 for the purpose of making recommendations regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of consumers (including people with disabilities and underserved populations, such as American Indians and persons living in rural areas) in proceedings before the Commission. The Committee was renewed for a 3rd two-year term on November 17, 2006. On June 8, 2007, the FCC announced the re-chartering and appointed the new committee. All appointments are effective immediately and shall terminate November 17, 2008 or when the Committee is terminated, whichever is earlier.
The first meeting of the renewed Committee will take place on Friday, August 10, 2007. For more details about the Committee, please see the following public notice.
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| 5/11/2007
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Hundreds of Millions in Rate Relief: New Postage Rates Effective Monday, May 14
The US Postal Service is raising postage rates effective May 14. Standard first class postage stamps will increase by two cents, to 41¢. The Postal Service had originally proposed to raise the rate to 42¢, but the Postal Regulatory Commission recommended the smaller increase that was adopted. Although consumers will face higher stamp prices, the one cent difference between a 41¢ and a 42¢ stamp price amounts to hundreds of millions of dollars annually in consumer rate relief.
The Greeting Card Association (GCA) was the sole mailer group and one of only two parties who advocated limiting the increase to 41¢. Spiegel & McDiarmid was pleased to have represented the GCA before the Commission. To read the GCA’s press release about this matter, please click here.
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| 5/3/2007
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In Memoriam: Rise Peters, 1961 - 2007
With much regret, Spiegel & McDiarmid announces that our partner Rise Peters has passed away. For more information, please click here.
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| 5/2/2007
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Scott Strauss and Jeff Schwarz Publish Article on Mobile-Sierra Doctrine in May Issue of Public Utilities Fortnightly
Scott Strauss and Jeff Schwarz published the article "The Mobile-Sierra Doctrine: A Return to its Statutory Roots" in the May 2007 issue of Public Utilities Fortnightly. To read the article, click here.
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| 4/17/2007
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Gloria Tristani Speaks to the National League of Cities
Spiegel & McDiarmid attorney Gloria Tristani, a former FCC Commissioner, recently spoken before the National League of Cities. On April 17, she was the keynote luncheon speaker at their "Summit on Media Violence and Its Impact on Children," held in Indianapolis. Gloria spoke about media violence and discussed findings in the just-released FCC Report "Violent Television Programming and Its Impact on Children."
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| 4/5/2007
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Bob McDiarmid Speaks on Reliability Standards at MMWEC Conference
The Massachusetts Municipal Wholesale Electric Company (MMWEC) held a conference on manadatory reliability standards on April 4, 2007, where Bob
McDiarmid presented "Overview of Reliability Standards."
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| 3/28/2007
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Scott Strauss and David Pomper Named as Energy and Utilities "Super Lawyers"
Spiegel & McDiarmid proudly announces that two of its members – Scott H. Strauss and David E. Pomper – are among the attorneys selected for inclusion in the March 2007 issue of Washington DC Super Lawyers.
Washington DC Super Lawyers identifies the top five percent of attorneys in the Washington, DC metro area "by using a multi-step evaluation process based on peer recognition and professional achievement." Mr. Strauss and Mr. Pomper are named, respectively, in the practice areas of "Energy and Natural Resources" and "Utilities."
To read the full press release, click here.
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| 1/31/2007
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Public Utilities Fortnightly Publishes Cindy Bogorad's Letter to the Editor
Public Utilities Fortnightly publishes Cindy Bogorad's letter to the editor opposing the Transparent Dispatch Advocates proposal that is under consideration in FERC's OATT Reform rulemaking. To read the letter, click here.
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| 1/30/2007
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Gloria Tristani Moderates Two Sessions at The National Conference for Media Reform
Gloria Tristani moderated two panel discussions at The National Conference for Media Reform, held in Memphis, TN on January 12-14, 2007. The conference drew approximately 3,500 attendees from across the country. Ms. Tristani’s first session, titled "Children and Media Policy," discussed the over-commercialization of the media, the ways in which it targets young children, and problems related to gender stereotyping portrayals. The second session was called "FCC Update with Commissioners Copps and Adelstein," and topics included current media ownership, the state of minority media ownership, payola, universal service, and broadband deployment.
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| 1/11/2007
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Mark Hegedus, Tim Lay and Larissa Shamraj Become Partners, New Associate Sharon Coleman Joins the Firm
Spiegel & McDiarmid is pleased to announce that Mark S. Hegedus, Tillman L. Lay and Larissa A. Shamraj have become partners of the firm. In addition, the firm welcomes associate Sharon Coleman. To read the full press release, click here.
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| 1/2/2007
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Former FCC Commissioner Gloria Tristani Joins Firm
Spiegel & McDiarmid is pleased to announce that Gloria Tristani, a former FCC Commissioner, has joined the firm as Of Counsel. She was most recently President of the Benton Foundation, a private foundation committed to articulating a public interest vision for the digital age and demonstrating the value of communications for solving social problems. To read the full press release, click here.
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| 11/17/2006
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NJ State League of Municipalities’ Annual Conference Features Jim Horwood Speaking on PEG Access
Jim Horwood presented on "Federal and State Legislation and its Effect on New and Existing Public Access (PEG) Television Stations" at the New Jersey State League of Municipalities’ Annual Conference, held November 14-17 in Atlantic City.
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| 11/3/2006
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NRECA Seminar Features Mark Hegedus Presenting on Market Manipulation & Compliance Issues
Mark Hegedus co-presented on "Market Manipulation & Compliance Issues" at the National Rural Electric Cooperative Association’s (NRECA) 2006 G&T Legal Seminar, held November 2-3 in Charleston, South Carolina. Mr. Hegedus’ co-presenters were Rich Meyer (NRECA Senior Regulatory Counsel) and David Hilt (Vice President of Compliance of the North American Electric Reliability Council (NERC)).
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| 10/19/2006
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Bob McDiarmid, Scott Strauss & Mark Hegedus speak at the 2006 APPA Legal Seminar
The American Public Power Association Legal Seminar was held October 8-11
in Cambridge, MA. Bob
McDiarmid discussed "Additional Options for the EEI Contract - One Year Later," Scott Strauss presented "New England’s Forward Capacity Market: How Did We Get Here and Where Are We Going?" and Mark Hegedus spoke about "Antitrust Compliance for Public Power Utilities." For more information, please click
here.
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| 9/12/2006
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Scott Strauss & Mark Hegedus discuss the LICAP Settlement in Public Power Magazine
Scott
Strauss & Mark Hegedus discuss
the LICAP Settlement in Public Power Magazine. Click
here to read more.
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| 9/10/2006
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Tim Lay selected as NATOA Member of the Year
At the 2006 National Association of Telecommunications Officers and Advisors (NATOA) annual conference held August 22-25 in Lake Buena Vista, FL, Spiegel & McDiarmid Of Counsel Tim
Lay was selected as NATOA Member of the Year. The Member of the Year is someone who sets "such an example as to warrant not only
[NATOA's] private accolades, but also [NATOA's] public gratitude and appreciation." In
the president's remarks at the conference, Tim was celebrated for several contributions,
including representing NATOA before the FCC and the federal courts on many
occasions, including revisions to Telecommunications Act, and speaking at numerous
NATOA events and local government organizations.
Spiegel & McDiarmid
has a longstanding relationship with NATOA; partner Jim
Horwood has been active in NATOA matters for many years. For more information about NATOA
and its mission, see www.NATOA.com.
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| 9/6/2006
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Jim Horwood honored in Community Media Review
The Alliance for Community Media
recently published its 30th anniversary issue of Community Media Review. This special edition profiles several people
who have influenced the group over the years. Among those profiled is Spiegel
partner Jim Horwood, whom, in a full page article, they name the "Godfather" of
the organization. ACM especially notes Jim's credibility and quiet passion
for his work.
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| 9/4/2006
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Paul Connor to speak on Superfund Liability at the IMLA Fall Conference
For more information about this conference featuring Paul
Connor, please click
here.
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