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Showing 2 posts in Duty to Preserve.

Failure to Preserve Mobile Data Leads to Multiple Sanctions in the Court of Chancery

By R. Eric Hacker, Joseph C. Leonard, K. Tyler O'Connell on May 21, 2024
Posted In Chancery, Discovery, Duty to Preserve, Sanctions


Goldstein v. Denner, C.A. No. 2020-1061-JTL (Del. Ch. Jan. 26, 2024)
As more business is conducted via personal mobile devices, modern eDiscovery practice in Delaware generally involves the preservation of custodial mobile data. The failure to preserve relevant data while under a duty to do so may lead to the Court imposing sanctions. More ›

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Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting

By K. Tyler O'Connell, Joseph C. Leonard on January 23, 2024
Posted In Chancery, Discovery, Duty to Preserve, E-Discovery, Sanctions


Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023)
This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied the existence of relevant texts and email communications, when in fact he intentionally withheld and deleted them. In discovery, he claimed no relevant communications existed on his phone, citing that he was not a “big texter.” The defendant testified to this at trial, and pled ignorance of both the operations of the competing enterprise and any discussions or communications to that effect. However, other parties produced text messages including the defendant, making clear that he had in fact sent many texts concerning these subjects.  More ›

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