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AMICI CURIAE BRIEF ON E-DISCOVERY AND COMPUTER FORENSICS, FILED BY DANIEL...
AMICI CURIAE BRIEF ON E-DISCOVERY AND COMPUTER FORENSICS, FILED BY DANIEL GARRIE, INFORMS OPINION IN LANDMARK CASE ARIE GENGER V. TR INVESTORS
An amicus curiae brief filed by Daniel Garrie, chair of Alternative Resolution Center’s (ARC) E-Discovery and forensic panel, with two other legal organizations, informed the Supreme Court of Delaware’s ruling in the appeal of Arie Genger v. TR Invest
FOR IMMEDIATE RELEASE
(Free-Press-Release.com) August 4, 2011 --
Although the Court deemed the brief’s defense of Genger inconsequential, as Genger’s actions were furtive in nature, the brief’s content was highlighted in the opinion. In the brief, Mr. Garrie provides a detailed explanation of allocated versus unallocated space on computer hard drives, which was pertinent to an allegation of spoliation on the part of Genger. Based on Mr. Garrie’s brief, the Court recognized that more attention must be paid to “unallocated free space” issues before litigation.
In the brief, Mr. Garrie emphasizes “courts must understand the nature of unallocated space in order to ensure discovery remains proportional and relevant.” Mr. Garrie adds: “although the Delaware Supreme Court did not reverse the Court of Chancery’s verdict, it is notable that the Court agreed with the ‘reasonably accessible’ thesis set out in the Amicus Brief, when considering the scope of a preservation order.”
Mr. Garrie is a seasoned E-Discovery special master and has served as an Electronically Stored Information Liaison, Neutral and Expert for the L.A. Superior Courts, 2nd Circuit, 3rd Circuit, 7th Circuit, New York Supreme Court, and Delaware Supreme Court. He is currently Senior Managing Partner and Counsel at Focused Solution Recourse Delivery Group (FSRDG), a boutique electronic forensics and information governance firm. Quoted in Forbes, and the author of over 90 scholarly publications, Mr. Garrie was recently profiled in the Daily Journal’s “Verdicts & Settlements” section. He is the co-author of the book E-Discovery and Arbitration to be published by Thomson Reuters this fall for worldwide release.
For further information about Daniel Garrie and FSRDG LLC please visit our website at www.fsrdg.com or contact Nora Hirshman, Director of Public Relations and Marketing, nora@fsrdg.com.
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