Corporate Governance

Delaware Court Implements Guideline Regarding the Preservation of Electronic Information

By Harvard Law School Program on Corporate Governance

On January 18, 2011, the Delaware Court of Chancery became one of the first state courts to issue a guideline for the preservation of electronically stored information (?ESI?) (the ?Guideline?). The stated purpose of the Guideline is a reminder to litigants and their counsel (inside and outside counsel) of their common law duty to preserve potentially relevant information to the litigation. The reason for the focus on preservation is that based on the Court?s experience, proper preservation can remedy many discovery ills that arise later in the litigation. Indeed, most courts would agree that glitches in preservation are often difficult to remedy after the fact.

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Full post as published by The Harvard Law School Corporate Governance Blog on February 27, 2011 (boomark / email).