The recent decision by the Delaware Supreme Court in Genger v. TR Investors, LLC, et al., No. 592, 2010, 2011 WL 2802832 (Del. Jul. 18, 2011), highlights the increasing level of sophistication with respect to identifying and preserving electronically stored information ("ESI") that parties embroiled in litigation are expected to achieve. In Genger, the Delaware Supreme Court upheld severe sanctions against a litigant who knowingly and intentionally spoliated evidence in contravention of a court order. Id. at *8.