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ARTICLE · 12 APRIL 2016

2016 Mitigating Risk: Key Litigation Developments - Commercial Litigation: Procedural Issues >> Best Practices For Legal Hold Notices

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A company should circulate a legal hold notice when an audit, investigation, claim, or litigation is reasonably foreseeable.

United StatesLitigation, Mediation & Arbitration
Jennifer Klausner
Jennifer Klausner
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With a change in the Federal Rules of Civil Procedure concerning sanctions for destruction of electronically stored information (ESI), it is a good idea for companies to ensure that their form legal hold notices and protocols for distribution are in line with best practices.

A company should circulate a legal hold notice when an audit, investigation, claim, or litigation is reasonably foreseeable. It must be in writing and should be labeled PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT AND/OR ATTORNEY-CLIENT COMMUNICATION. It must state the reason for the legal hold and specify the types of documents, including ESI, that are relevant to the facts and circumstances that prompted the legal hold.

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