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COURT TO WIDEN REVIEW OF PARTIAL-BIRTH BAN WASHINGTON � On Monday, over the objection of the solicitor general’s office, the court granted review in a second case that tests the constitutionality of the federal Partial-Birth Abortion Act of 2003. The court has already docketed Gonzales v. Carhart, a Nebraska challenge to the same law based on the law’s omission of a “health exception” that allows the controversial procedure if needed to preserve the health of the mother. The new case, Gonzales v. Planned Parenthood of America, stemmed from a Ninth Circuit ruling that struck down the law on the additional ground that it was unconstitutionally vague. In briefs filed with the court, the administration appealed the Ninth Circuit ruling but urged it to hold the case in abeyance pending a decision in the Nebraska case. The court rejected the advice. The two cases are likely to be argued in tandem this fall, but no date has been set. � Legal Times ADELPHIA SALE SEPARATED FROM BANKRUPTCY CASE NEW YORK � Adelphia Communications Corp.’s $17 billion sale to Time Warner Cable and Comcast was apparently assured Friday when Judge Robert Gerber of the Southern District Bankruptcy Court approved an Adelphia request to separate the sale from its bankruptcy case. Pursuant to �363 of Title 11 of the U.S. Bankruptcy Code, a new termination and break fee agreement will allow Adelphia to complete the transaction by the July 31 deadline. Adelphia had entered into definitive sale agreements in April 2005, but ongoing disputes between creditor groups over how to distribute the sale proceeds had put the deal in jeopardy. Attorneys for Adelphia argued that the �363 sale was the only way to keep the fragile arrangement afloat and to avoid triggering termination rights of the buyers. Saying the loss of the potential deal would be a “disaster” for the bankrupt cable giant and that “creditor disputes had put the whole thing in jeopardy,” Judge Gerber applied the business judgment rule to reach his decision, but said he would have approved the transaction “even if a higher standard had to be applied.” A representative from the creditor’s committee said it did not have “huge qualms” with the sale, and agreed with attorneys for Adelphia that it was time to “button things down.” Adelphia was forced to file under Chapter 11 in June 2002. Its founder, John Rigas, and a son were convicted of fraud in July 2004, and are appealing the verdict in the Second Circuit U.S. Court of Appeals. � PATTON BOGGS UNDERGOES MAJOR RESTRUCTURING WASHINGTON � Patton Boggs has long been revered as one of the top lobbying firms in town. But over the past year the K Street powerhouse has faced a series of defections, including the exit of high-profile partner Daniel Kracov, an 18-year firm veteran, and lobbyist Kathleen Means, both to Arnold & Porter. More recently, six lawyers in the public policy practice left for Pillsbury Winthrop Shaw Pittman. Amid the turbulence, Patton Boggs announced a major restructuring last week that puts younger blood into management positions. “As we get larger, we just in general need more management depth and breadth,” says Stuart Pape, the firm’s longtime managing partner. Though Pape remains in his job, the firm added an additional layer of management, naming lobbyist Edward Newberry and Dallas-based Charles Miller as “deputy managing partners.” Newberry will focus on strategic development, while Miller oversees practice departments. The firm also shook up its public policy practice, naming veteran GOP lobbyist Benjamin Ginsberg and former Latham & Watkins partner Nicholas Allard as co-chairs to replace longtime practice leader John Jonas. Jonas says the changes have less to do with the practice’s struggles than with sharing of managerial duties. “Last year we had the biggest growth in any department of the firm,” says Jonas, who will continue to head up the health care group and is taking over the firm’s 2-year-old political action committee. The firm also restructured its litigation practice. Robert Luskin, who represents Karl Rove in the CIA leak probe, and Mitchell Berger became co-chairs of the litigation section, replacing former head John Oberdorfer. Although Pape acknowledged the changes were “significant,” he stopped short of saying that the moves were part of the firm planning for a future without legendary lobbyist Thomas Boggs Jr. “It’s an effort on our part to ensure that the firm has a sufficient number of partners with significant management experience and responsibility, whatever the future holds,” says Pape. � Legal Times

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