Litigation Risks of Failing to Preserve Personal Data

In recent years, the Delaware Court of Chancery has increased its focus on the importance of preserving data and delineating the consequences for failing to do so. Indeed, last year we wrote an article about the risks of failing to preserve text messages and other messaging data.

Recently, the Court issued a ruling in In re Facebook Inc. Derivative Litigation that highlights the importance of preserving personal email. That ruling, along with its practical implications, is discussed below. 
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