Electronic discovery plays a central role in litigation where parties claim violations of trade secrets and breaches of noncompete agreements. Electronic discovery and forensic investigations often reveals extremely damaging evidence against the former employee, including acts such as downloading or e-mailing valuable company information.
The sheer number of emails that must be collected and reviewed can be an overwhelming task. VeriSign (the exclusive registry for .com and .net domains) estimates that there are approximately 2.25 billion email queries per day, and that is only a fraction of the number of emails sent each day.
When litigation commences, a question may arise as to whose responsibility it is to ensure all emails and other forms of electronic documents have been preserved and collected. Delaware’s Court of Chancery has, not surprisingly, had several occasions to set forth how the Court intends to have litigants handle electronic discovery.