Inside Genger V. TR Investors

Law360, New York (July 27, 2011, 11:49 AM EDT) -- In a rare electronic discovery decision from the highest court of a jurisdiction, the Delaware Supreme Court in Genger v. TR Investors LLC, et al. No. 592, 2010 (Del. Sup. July 18, 2011), discussed the issue of sanctions and spoliation of data in unallocated space, which for the uninitiated (which is most of us) is the logical (as opposed to physical) space on a hard drive that the computer's operating system may write to because it is considered empty or "free."

The decision is important for...
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