Bruce V. Miller

Bruce V. Miller

Cullen and Dykman LLP

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The Moratorium Continues…

The environmental review of proposed regulations that, if adopted, would permit high-volume hydraulic fracturing gas drilling (“fracking”) in New York State, has been slow. New York State Department of Environmental...more

10/7/2013 - Energy Policy Environmental Policies Fracking Fracking Bans Natural Gas Oil & Gas

What Is The Difference Between An Adverse Sanction And An Adverse Instruction?

In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case....more

8/1/2013 - Adverse Inference Instructions Discovery Document Productions Evidence Sanctions

NY Courts Adopt Federal E-Discovery Cost Allocation Standard

On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing...more

3/26/2013 - Cost-Shifting Discovery Document Productions Document Requests Electronically Stored Information Zubulake

Court Rules Against Imposing Sanction Of Dismissal Because Plaintiff’s Conduct Did Not Rise To The Level Of A Willful Violation

A United States District Court in the Eastern District of Missouri recently denied a Defendant’s motion seeking to impose a sanction of dismissal against the Plaintiff because the Plaintiff’s conduct did not “rise to the...more

1/15/2013 - Attorney-Client Privilege Claims Processing Systems Discovery Dismissals Rule 37 Sanctions Willful Violations Work-Product Doctrine

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