Arent Fox’s Brett Kappel, counsel in the firm’s government relations practice, was quoted in the January 24 edition of The New York Times discussing an agreement between Republican US Senator Scott P. Brown and his likely Democratic opponent Elizabeth Warren on a plan to try to prevent outside groups from running political attack ads in their high-profile race in Massachusetts.

The New York Times reports:

The agreement requires each side to donate to a charity of the other’s choosing whenever a third-party ad is aired supporting them or attacking their opponent. Both parties will also sign letters to outside groups and to television station managers, calling on them to stop running ads in the race.

But Brett Kappel, an election lawyer at the firm Arent Fox, said there was "zero" chance that all such groups would comply, no matter how much pressure Mr. Brown and Ms. Warren exert.

"There just isn't much they can do legally to put a stop to it," Mr. Kappel said in an e-mail, adding that "people who want to affect the outcome of this race will do what they want, regardless of what the candidates would prefer."

Mr. Kappel also predicted that television stations, which reap the financial benefits of outside advertising, would not go along with the plan. "Even if they didn't have an economic incentive," he said, "they wouldn't want to be accused of being a censor for one or both campaigns."

To read the full New York Times article, please click here.

Brett was also quoted in the Seattle Times commenting on the Brown-Warren agreement. To read that article, please click here.