What is a litigation hold policy?
Litigation Hold Process is the suspension of normal operation of document destruction polices for records that are relevant to pending litigation.
What is litigation hold used for?
A litigation hold helps to ensure that the company complies with its duty to preserve information, including electronically stored information (ESI), in litigation or in connection with an investigation. Organizations must preserve relevant information when it reasonably anticipates a lawsuit or investigation.
What is a legal records hold?
A legal hold is a formal notice to all affected personnel in your company of the legal obligation to preserve documents and information, and, in some cases, the duty to suspend regularly scheduled document destruction practices.
What triggers a litigation hold?
Situations triggering an obligation to preserve evidence include receipt of a demand letter, formal complaint, records subpoena, or the occurrence of an event that typically results in litigation.
Who should get a litigation hold?
Anyone else who may have potentially relevant information should also receive the litigation hold. This often includes an employee’s managers, supervisors and certain co-workers as well as HR employees and anyone who participated in the employment action(s) at issue.
How does a litigation hold affect the way you manage your records?
Storage systems with a litigation hold feature can then override the existing retention and deletion rules that have been established, preventing alteration or destruction of the data until the legal action has been resolved.
What triggers litigation hold?
What Triggers a Litigation Hold? Oftentimes, the trigger for a litigation hold is a “litigation hold letter” or notice, also called a “stop destruction” or “preservation” letter, which is a written document that informs a party directly of an impending legal action.
How do you enable litigation hold?
Go to > EOP > Recipients > mailbox. Select a user. Double click to access to properties, and click on mailbox features, scroll down and find “Litigation hold” (now is Disabled) Click enable and save.
What goes in a litigation hold letter?
A “litigation hold letter” is a legal document that requires an individual or entity to preserve all documents, data, and information that may relate to a pending legal action that involves the person or company.
What is a litigation hold request?
A litigation hold letter is not a discovery request. A party can disregard the request to preserve, but once the request has formally been made and evidence disappears, a preservation letter may place the discovering party in a superior position to seek sanctions or other relief.
What is litigation hold form?
The Lawyer Trial Forms litigation hold form is a comprehensive three page form letter to your client, with electronic, ESI, e-data, evidence preservation advice to your client. Litigation Hold Letter to Client is designed to be clear advice, so your client will not be confused.
