Perspective
May 1, 2010
Legally Sound but Technologically Wrong
Daniel Garrie and Bill Spernow conclude their article on how courts may be ill equipped to handle matters involving digital evidence.
In the first part of this article, we identified a test case, TR Investors LLC v. Genger, C.A. No. 3994-VCS (Del. Chancery Dec. 9, 2009), supporting our thesis that technological misunderstandings almost inevitably leads a court to commit legal error in e-discovery decisions. The Genger case involved significant sanctions imposed upon defendant Arie Genger because he wiped the unallocated space of certain computer har...
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