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Hold notification[ edit ] An organization has a duty to preserve relevant information when it learns, or reasonably should have learned of pending or threatened litigation, or of a regulatory investigation.
The organization should provide instructions for doing so. This notification and subsequent related reminders should be created and distributed to specific custodians and should require the custodian to confirm receipt of such notification.
This is far superior to the traditional use of read receipts reconciliation and follow-up because it allows for an unambiguous custodian response and provides real-time tracking and reporting on custodian responses.
Further, automatic logging of all related audit trail information related to the legal hold notification process is also highly recommended. Organizations that face multiple litigation and regulatory matters at once often struggle to handle the complex moving parts associated with the preservation process.
To preserve evidence, organizations must—at a minimum—issue a proper litigation hold at the right time, send it to the right people, and include the appropriate set of data.
In addition, the hold must include precise, clear language that informs all custodians of their responsibilities to preserve evidence. To maximize defensibility, a litigation hold program must be grounded in sound, repeatable methodology.
The easiest way to ensure consistency in this process is to use templates.
Organizations can create litigation hold templates that include, among other things, standard hold language, hold notification text, interview questions, reminder instructions, tags, and release notification text.
The relevant documents for the case are identified and preserved in a physical repository of relevant or potentially relevant documents subject to the legal hold.
The system must make use of a highly accurate policy -based approach that enables archived and current electronic communications — including e-mail, instant messages, web transactions and communications sent from handheld devices — to be categorized and tagged according to their relevance to specific corporate policy.
Ongoing preservation obligation[ edit ] Once an organization is served with a litigation notice, all future relevant electronic communication is also subject to the legal hold. Handling terminated employees on legal hold[ edit ] When employees leave a company, the fact that their information may be subject to a litigation hold is likely the last thing on their minds.
Otherwise, they may be unable to comply with their discovery obligations and could face spoliation sanctions. Today, most sanctions result from flawed preservation processes that are rooted in the failure to identify all custodians, locate all data sources, or monitor compliance with a litigation hold.
Some of the most critical yet most challenging steps in these processes are tracking custodians, the litigation hold notices issued, and the responses received from custodians.
When custodians number into the hundreds or thousands, it can be difficult to determine whether they have responded to the initial hold, completed required questionnaires, or reconfirmed their compliance with subsequent hold reminders.
Moreover, when companies still rely on manual methods, they may not follow up with custodians once sending out an initial notice, opening their preservation strategy to scrutiny from opposing counsel or the court.Charlotte’s Choice for Moving and Storage. Local and long-distance moving is at the heart of what we do.
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