Investigations: Document Preservation Notice

by Practical Law Securities Litigation & White Collar Crime

A Standard Document that provides a sample document preservation notice from a company's in-house counsel to its employees, outlining their obligation to preserve relevant information and records due to an imminent or ongoing investigation. This notice can be adapted for situations in which a company is conducting an internal investigation or is facing a pending or anticipated government or regulatory investigation. The notice is designed to help companies stop the routine destruction of potentially relevant data and prevent modifications to all paper documents and electronically stored information (ESI) within an employee's control. It addresses the preservation of a wide range of data, including emails, metadata, instant messages, and information on both company-issued and personal devices. This resource also contains integrated notes that explain the critical duty to preserve information and detail the potential consequences of non-compliance, which can include severe company sanctions and individual penalties for employees, such as termination or obstruction of justice charges.