Wednesday, August 3, 2011

Court Upholds Sanctions for Intentional Spoliation of Unallocated Space Data



http://ow.ly/5U7Xn

Article by Doug Austion on the eDiscovery Daily Blog.

This article provides a detailed discussion of the case Genger v. TR Investors, LLC., No. 592,2010, 2011 WL 2802832 (Del. July 18, 2011).

In this case, the defendant was sanctioned to the tune of 3.2 Million dollars for intentionally deleting data from unallocated space in hard drives belonging to the company.  The sanction was based on the finding that there was intentional spoliation, and it was done in violation of a Court order, hence a finding of contempt of court was involved as well.

This case is yet another example that will serve as a warning against intentional acts designed to conceal data in violation of applicable civil procedure rules.

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