Surrogate's Practice and Proceedings
Charles F. Gibbs, a partner at Holland & Knight, and John J. Reddy Jr., a partner at Bekerman & Reddy, write that Surrogate Margarita L�pez Torres of Kings County recently ruled that a beneficiary violated the in terrorem clause in the testator's will by conducting a pre-objection deposition of a person not exempted by SCPA 1404(4). The court ruled that the beneficiary forfeited his legacy despite his never having filed objections.Ninth Circuit Expands the Debate Over 'Collective Scienter' Issue
Robert Malionek, a partner at Latham & Watkins, and Joseph Salama, an associate at the firm, write: To the extent Dynex was destined to put an end to the debate concerning the viability of "collective scienter" theory in the Second Circuit, the Ninth Circuit's decision in Glazer likely will prevent that from happening for no reason other than its statement that the Second Circuit adopted a theory of "collective scienter." However, the Ninth Circuit neither defined "collective scienter," nor explained how the Second Circuit endorsed it in Dynex. Thus, we continue to believe that Dynex signals the Second Circuit's rejection of both the "collective knowledge" and "collective conduct" variants of the "collective scienter" theory.'Disturbing and Violent' Assault by Lawyer Brings Public Censure
A First Department panel has publicly censured a Manhattan litigator for assaulting a taxi driver three years ago, agreeing with the departmental disciplinary committee that Roman Leonov's assault was "a deplorable but isolated and uncharacteristic act by a young lawyer who understands and regrets the gravity of his offense."Circuit Approves Taking DNA Samples From Nonviolent Felons on Probation
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