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Garfinkel Mulls Top D'Arcy Creative PostNEW YORK—Lee Garfinkel, former chairman, chief creative officer and CEO of Lowe Lintas & Partners, here, is in final negotiations to take the top creative post at D'Arcy Masius Benton & Bowles, sources said. John Nieman, the agency's previous worldwide creative director, left in May 2000. A deal is said to be "on the table" and very close to getting done, according to sources. Garfinkel, 46, left Lowe Lintas in January and only recently reached a settlement on his old contract with Lowe Lintas' parent Interpublic Group, said sources. Last Thursday, Garfinkel acknowledged conversations with D'Arcy, indicating it was just one of several options. "I'm talking to about five different people right now," he said. "Is D'Arcy one of the five? Yes, they are." He added: "I haven't made a decision yet." On Friday, sources said a D'Arcy deal was imminent, but Garfinkel could not be reached. 6 Pitch $30-40 Mil. Universal Parks BusinessNEW YORK—Final pitches for the estimated $30-40 million Universal Studios theme-parks account will take place the week before Labor Day, sources said. Six agencies were briefed in Orlando, Fla., last week by the client: Deutsch in New York; The Martin Agency in Richmond, Va.; McKinney & Silver in Raleigh, N.C.; The Richards Group in Dallas; Doner in Southfield, Mich.; and davidandgoliath in Los Angeles. Sources said the brief was "very consumer/retail-driven," and the client asked for an equal emphasis on strategy and creative. Media, handled by DDB in Los Angeles, is unaffected. Court Rejects Tobacco-Ad BanNEW YORK—A federal district court last week threw out New York City's ban on outdoor tobacco ads, ruling that the restrictions violate a federal law preventing states from limiting cigarette ads. The U.S. District Court for the Southern District of New York reversed an appeals court ruling that the restrictions did not violate the Federal Cigarette Labeling and Advertising Act, a law prohibiting states from banning tobacco ads for health reasons. The district court reached its conclusion after the Supreme Court ruled that similar restrictions in Massachusetts violated the federal law. Arnold Opts Out of Sam AdamsBOSTON—Arnold met with Boston Beer to discuss the client's Samuel Adams Boston Lager business but has chosen not to move forward, according to Melissa Lea, svp at Arnold. The Boston-based agency apparently balked at submitting creative work to "rigorous testing" involving a series of focus groups, a source said. Deutsch in New York, which does PR for the client, has also discussed Sam Adams, but it is not known if the shop has submitted work. Boston Beer spends $15-20 million annually on ads. Biederman Kelly Krimstein & Partners to FoldNEW YORK—Biederman Kelly Krimstein & Partners will close July 31. The 17-year-old New York shop has 48 staffers and claims billings of $80 million. Clients include Tachion Networks and culturefinder.com. In a statement, president and CEO John Kelly said an undisclosed number of staffers will be joining Seiter & Miller in New York.

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