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Reed Smith

The Pension Act of 2006: Beyond Fiduciary Issues
On Aug. 3, 2006, Congress passed the long-anticipated Pension Protection Act of 2006 (the "Act") which amends provisions of the Internal Revenue Code of 1986, as amended; the Employee Retirement Income Security Act of 1974, as amended; and the Age Discrimination in Employment Act of 1967, as amended.

08-10-2006

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Reed Smith

UK Court Considers Challenge to Issue Advertising Ban
"A provocative ad that features a young girl in a cage is at the center of a legal challenge to the UK ban on political advertising—which, if successful, could dramatically alter the European advertising landscape.

Currently, many European countries have laws that prohibit political advertising on the airwaves, in an effort to avoid creating unfair advantages for political groups with greater resources. However, nonprofit groups, prevented by such laws from airing advocacy ads, claim such bans violate their free-speech guarantees.

The most recent—and perhaps most graphic—challenge to the ban comes from Animal Defenders International (ADI), a group that has sought to advertise on television its “My Mate’s a Primate” campaign highlighting the use of performing primates in the entertainment industry.

ADI’s latest commercial depicts an obviously frightened young girl in a cage, juxtaposed to a chimpanzee in a cage, accompanied by a voice-over pointing out that a chimpanzee has the average mental capacity of a human four-year-old. Though the commercial can be viewed online, ADI was unable to receive permission from British broadcast authorities to have the commercial aired on TV.

ADI, which has offices in London and San Francisco, was told that its advertisement would be banned out-of-hand under the UK’s Communications Act 2003’s provision prohibiting political advertising on television, because of the group’s campaign activities.

“This is a ban on our right to free speech,” stated Jan Creamer, chief executive of ADI. She noted that it is legal for companies to use animals in their commercials to sell products, “but not for us to point out how animals like these are outsourced, how they are kept and trained, before they go near a film set.”

ADI is asking the UK’s High Court to declare the ban on political advertising as incompatible with the right to freedom of expression under Article 10 of the European Convention on Human Rights. The UK court has indicated it will reserve judgment on the case until fall.

If the UK court rules against ADI, the group said it plans appeal to the European Court.

ADI’s case is considered to be a test case for how issue advertising will be treated under the Human Rights Convention. The European Court has ruled before, in a Swiss case, in favor of allowing advocacy groups to advertise on television, according to ADI. The group is hoping to use this case as precedent.

Why This Matters: The lack of ability to air political advertising is a key distinction between the U.S. and European markets. If nonprofit groups, companies, lobbyists and others win the right to air issue ads in Europe, it is expected to open up a major new source of advertising revenue.

08-10-2006

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Husch Blackwell Sanders LLP

Problem Solving and Reforming the Tax System
The budget process is clearly dysfunctional,” says James C. Miller in an August 6 Washington Times article. In his article titled “Budget woes: Process, not people,” Miller addresses the provisions in the budget legislation and offers insight into solutions and reforming the current system. To view the whole article, please click here.

Miller joined Blackwell Sanders as a senior advisor in 2006. He is frequently called to comment on public issues. He has appeared on the Today Show, CBS Morning News, Good Morning America, Meet the Press, Face the Nation, Inside Edition, and Wall Street Week to name a few. Miller was a member of President Reagan’s cabinet and National Security Council. He served as the director of the Office of Management and Budget (1985-1988) and as chairman of the Federal Trade Commission (1981-1985).

Additional information about the Governmental Affairs practice concentration is available in the ""industries & practice"" section.

08-10-2006

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Robinson & Cole LLP

Robinson & Cole LandLaw Partner Co-Authors Update of Federal Land Use Law & Litigation Book
R&C LandLaw Partner Brian W. Blaesser recently published with his co-author, Alan Weinstein, the 2006 update of his book Federal Land Use Law & Litigation (Thomson-West).

The 2006 edition continues its emphasis on issues pertaining to litigation and on providing an understanding of the procedural and strategic dimensions of federal land use law. The 2006 edition provides an analysis of what Mr. Blaesser and his co-author describe as the ""2005 Takings Trilogy"" — Lingle v. Chevron U.S.A. Inc., San Remo Hotel, L.P. v. City and County of San Francisco and Kelo v. City of New London ? in which the U.S Supreme Court overruled and clarified certain aspects of its takings jurisprudence. Click here for more information.

08-10-2006

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Wiley, Rein & Fielding, L.L.P.

Dornier Aviation (North America) Bankruptcy Trustee H. Jason Gold to Issue First Dividend to Creditors
Wiley Rein & Fielding partner H. Jason Gold, the court authorized trustee for the bankruptcy estate of Dornier Aviation North America (DANA), announced today that he is paying $3 million to general unsecured creditors in the first of what is expected to be several distributions. In a separate matter, the trial of the trustee’s lawsuit against Hainan Airlines, seeking the recovery of over $2.9 million in unpaid invoices and other charges for spare parts, is scheduled to begin on August 21, 2006.

“I’m pleased that we are in a position to make a ‘down payment’ of $3 million to creditors who have had to wait several years,” said Gold. “Although we have previously paid all of the employee priority claims and secured creditors in full, totaling over $2 million, the $3 million we are paying now to unsecured creditors represents over 17 cents on the dollar. Moreover, we fully expect to be in a position to eventually pay significantly more,” he added.

The lawsuit against the China based Hainan Airlines is being conducted in the United States Bankruptcy Court for the Eastern District of Virginia in Alexandria, the court where the DANA bankruptcy was filed. “The assets of DANA included unpaid amounts from various companies, foreign and domestic that DANA did business with. In some cases it is necessary to bring suits to recover these sums and Hainan Airlines is the largest remaining unpaid account in this case,” Gold said.

Gold is head of WRF’s Bankruptcy and Financial Restructuring Practice. The firm serves as Gold’s counsel in the DANA/Hainan Airlines litigation.

08-10-2006

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Clark Hill PLC

Clark Hill PLC Attorney Barbara A. Ruga to Address Region 14 of Michigan Elementary and Middle School Principals
Clark Hill attorney Barbara A. Ruga will address Region 14 Michigan Elementary and Middle School principals during a session in Iron Mountain, Michigan on August 15. Ruga’s presentation, entitled “Personnel Principles for School Principals,” will also include a question and answer period.

Ruga has been practicing law for nearly 30 years in the areas of education, labor relations and employment law. She predominantly represents public school districts in a wide range of employment and school law matters, and frequently lectures to public school districts on employment matters.

Ruga has published several books and articles in the field of employment law, including articles in the Michigan Council of School Attorneys Newsletter. She was the co-editor and author of “Michigan Wrongful Discharge and Employment Discrimination,” (ICLE, 1990-1994) and “Wrongful Discharge Cases in Michigan,” (1984 and 1987 editions).

Ruga has been active locally on bar association committees, professional, charitable and local governmental projects.

Ruga earned her J.D. and B.A., cum laude, from the University of Michigan.

08-10-2006

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Wolf Block Schorr & Solis

Coffey Leads Workshop for American Arbitration Association
Louis Coffey, an attorney in WolfBlock's Philadelphia office, recently led a workshop for the American Arbitration Association.

Coffey conducted a skills training session for arbitrators in ""Dealing with Delay Tactics in Arbitration Proceedings."" Delays in reaching an arbitration award are among the major complaints of parties who use arbitration as a dispute resolution method.

Coffey is a member of the American Arbitration Association's Complex Arbitration and Mediation Panels, the International Institute for Conflict Prevention and Resolution's Panels of Distinguished Neutrals (including CPR's Specialized Panels for the Construction and Sports and Entertainment Industries), the U.S.-China Business Mediation Panel and the Native American Dispute Resolution Network of the U.S. Institute for Environmental Conflict Resolution's Morris K. Udall Foundation, an entity of the U.S. government. In addition, he is a judge pro tempore in the commerce program of the Court of Common Pleas of Philadelphia County.

Coffey has lectured on behalf of the American and local Bar Associations, the Council for Urban Economic Development and Kagan Seminars. He is a 1969 graduate of the University of Pittsburgh School of Law.

08-10-2006

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