Notice of litigation and required preservation

Not only will a written document allow you to recall perhaps years later what information was subject to the Hold and who received the Hold, but it can also serve as a protective mechanism should information identified in the Hold as relevant slip through the cracks and be inadvertently deleted.

Data preservation is defined as the processes that must occur to ensure that information potentially relevant to anticipated, pending or active litigation, investigations or other legal disputes retains its evidentiary integrity.

If you do, there may be serious consequences for doing so, and you may be exposing your company to unnecessary risk in future litigation if the requested information is not properly preserved.

response to preservation of evidence letter

It is important to understand that it is possible to recover evidence that may have been deleted as well. A litigation hold must be a thoughtful document tailored to the needs of the case.

Once a trigger for a litigation hold is sprung, a court expects the party to take reasonable actions to comply. Although these letters are sometimes accompanied by formal notice of a lawsuit, they are often sent before litigation is initiated, by a person or company who believes it may have a claim against your company.

If you use a home computer or personal laptop to perform work on behalf of the Company, you also must preserve any relevant information from that computer. Further, automatic logging of all related audit trail information related to the legal hold notification process is also highly recommended.

Identify employees who may have responsive information.

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Litigation Hold Memorandum (Federal)