The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Sat, 11 Jul 2026 11:30:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Delaware Court Implements Guideline Regarding the Preservation of Electronic Information – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Delaware Court Implements Guideline Regarding the Preservation of Electronic Information https://corpgov.law.harvard.edu/2011/02/27/delaware-court-implements-guideline-regarding-the-preservation-of-electronic-information/?utm_source=rss&utm_medium=rss&utm_campaign=delaware-court-implements-guideline-regarding-the-preservation-of-electronic-information https://corpgov.law.harvard.edu/2011/02/27/delaware-court-implements-guideline-regarding-the-preservation-of-electronic-information/#comments Sun, 27 Feb 2011 14:23:14 +0000 http://blogs.law.harvard.edu/corpgov/?p=15914?d=20150120093916EST Posted by Scott Hirst, co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Sunday, February 27, 2011
Editor's Note:

The following post comes to us from Kevin F. Brady, a Partner in the Business Law Group at Connolly Bove Lodge & Hutz LLP, and relates to guidelines for preservation of electronically stored information issued by the Delaware Court of Chancery, which are available here. This post is part of the Delaware law series, which is cosponsored by the Forum and Corporation Service Company; links to other posts in the series are available here.

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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