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Litigation Hold Toolkit
Practical Law Toolkit 2-545-9105 (Approx. 18 pages)
Litigation Hold Toolkit
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to help counsel preserve documents by implementing a litigation hold (also known as a legal hold, document hold, hold order, or preservation order).
When an organization anticipates or becomes a party to litigation, an investigation, or an audit, it must develop and implement a protocol to preserve all relevant information (preservation protocol). A preservation protocol involves, in part:
- Suspending the organization's routine document deletion processes that may impact relevant information.
- Issuing a litigation hold (legal hold) to direct involved employees to preserve, without modification, all relevant hard copy documents and electronic data within their control.
An organization's failure to timely issue a litigation hold notice can subject the organization to severe sanctions if it loses relevant information.
This Toolkit includes resources designed to help counsel prepare and administer a defensible litigation hold.
For additional resources related to the preservation process, see Preserving Documents and Electronically Stored Information Toolkit.