Litigation Hold Notice

by Practical Law Litigation

A Standard Document outlining a litigation hold notice, also known as a legal hold or document preservation notice, for a company to issue to employees. This Standard Document is for use when the company faces pending or anticipated litigation, a government investigation, or an internal audit. The notice is distinct from a more general litigation hold letter that outside counsel may issue to a client to inform the client of the need for a litigation hold notice. The notice directs employees on their obligation to preserve all potentially relevant information, including paper documents, physical items, and electronically stored information (ESI). The notice covers a wide range of data sources, from emails and text messages to cloud storage and social media, emphasizing the need to prevent the routine or intentional destruction or alteration of records. This Standard Document helps an organization take reasonable steps to prevent spoliation and fulfill its duty to preserve data. It also addresses the mandatory nature of the hold, the confidentiality of the underlying matter, and the process for employees to acknowledge their preservation responsibilities. This Standard Document has integrated notes with important explanations and drafting tips.