January 25, 2011 Articles

Court of Chancery Issues New Guidelines for Preservation of ESI

The Delaware Court of Chancery has issued a notice that follows recent rulings and public statements addressing the spoliation of ESI and the duty to preserve

by C. Malcolm Cochran

The Delaware Court of Chancery has issued a notice reminding counsel of "their common law duty to their clients and the Court with respect to the preservation of electronically stored information ("ESI") in litigation." Court of Chancery Guidelines for Preservation of Electronically Stored Information (Jan. 18, 2011). The notice follows recent rulings and public statements by members of the court addressing the spoliation of ESI and the duty to preserve. See, e.g., Beard Research, Inc. v. Kates, 981 A.2d 1175 (Del. Ch. 2009).

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