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.

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.

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.

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.

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.

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.

Gloria Tristani published the article "A Former Insider's View of the FCC" in the Winter 2007 issue of the National Association of Telecommunications Officers and Advisors' NATOA Journal. To read the article, click here.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

With much regret, Spiegel & McDiarmid announces that our partner Rise Peters has passed away. For more information, please click here.

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.

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."

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."

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.

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.

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.

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.

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.

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.

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)).

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.

Scott Strauss & Mark Hegedus discuss the LICAP Settlement in Public Power Magazine. Click here to read more.

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.

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.

For more information about this conference featuring Paul Connor, please click here.