Delaware Business Litigation Report

Supreme Court Explains Duties In Electronic Discovery

Genger v. TR Investors, LLC,  No.  592, 2010 (July 18, 2011)

For years the federal courts have steadily increased the sanctions for not following the rules governing email production in pretrial discovery.  Now the Delaware Supreme Court has affirmed that it too will impose harsh penalties when emails are destroyed.  The opinion has a useful explanation of the rules governing storage of emails and what should be done to protect them.

The opinion also clarifies that a Delaware court may decide who may vote the stock in a Delaware corporation even when the individuals claiming that right are not before the court.  However, the court may not determine who owns that stock unless it has personal jurisdiction over them.

Share