Modern society craves technology and people are making ever-larger digital footprints. This explosion of technology, however, has placed very serious financial and time pressures and liability risks on both clients and lawyers, especially in the arena of electronic discovery.
The recent Delaware Supreme Court case Genger v. TR Investors LLC, 2011 WL 2802832 (Del. July 18, 2011), illustrates the ever-increasing scope and expense of e-discovery. In Genger, the court affirmed a $3.2 million sanction award against a party for its failure to preserve the “unallocated free space” of computer hard drives — the location in the computer that is used only for temporary storage. With the Delaware court’s ruling, parties now face the prospect of preserving information most users do not even realize resides on their hard drives, in addition to the huge universe of ordinary data.
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