• Cullen and Dykman LLP Blogs

  • Archives

  • Author Archives: Bruce V. Miller

    New York Continues to Permit Discovery of Social Media

    With Thanksgiving (and the biggest party night of the year – Thanksgiving Eve) this week, I figured it would be a good time to address social media once again, since I know that many people will take photos and post them all over the Internet.  Before you upload those photos to Facebook, I wanted to […]

    Court Determines Requested ESI Was Not Tailored to Party’s Own Articulated Need for Discovery

    United States v. Elsass, No. 2:10-CV-336 (S.D. Ohio, 2011) This case surrounds a claim brought by theUnited Statesagainst two companies and an individual who were involved in a tax scheme.  The defendant’s misconduct involved the promotion of the theft-loss deduction to victims of investment-related schemes, which the plaintiffs argued caused a significant amount of tax […]

    S.D.N.Y. Refuses to Enforce European “Mail Interception Order” due to U.S. Privacy Concerns

     In Re Dr. Jürgen Toft, 2011 Bankr. LEXIS 2733 (Bankr. S.D. N.Y. July 22, 2011) On July 22, 2011, the Bankruptcy Court for the Southern District of New York refused to enforce an order from a court in Germany for e-mail accounts stored on the servers of two internet service providers (“ISPs”) located in the […]