How to Alert Employees to a Litigation Hold
Instituting a litigation hold in the event of litigation is the first step in ensuring a legally defensible e-discovery process. For a litigation hold to actually work, however, stakeholders must be informed and legal counsel must ensure compliance.
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Instructions
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Alerting Employees to a Litigation Hold
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Consult IT staff regarding current data retention policies.
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Ensure that these policies identify the situations for which documents must be held, including regulatory purposes, pending litigation and investigations.
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Ensure that these policies outline standard lengths of time that data will be stored prior to destruction.
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When foreseeable litigation arises, consult IT and the company's data map to identify key custodians.
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Send an e-mail to all responsive custodians outlining the data retention policy, what types of documents need to be retained and where these employees may move these documents to ensure retention.
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Include within the e-mail a statement requiring all employees subject to the hold to respond that they understand the requirements of the hold and that they will comply.
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Document every step of this process in the event that any questions from the judge or opposing party arise in court.
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Tips & Warnings
Litigation hold software, although potentially costly, can automate much of the hold process. Sending out notices, ensuring compliance and tracking the process are all done automatically.
Be sure to answer any questions your employees may have regarding the litigation hold.
Be sure to periodically check in with employees to ensure they are continually complying with the hold.
Not complying with a litigation hold or instituting a litigation hold improperly can result in costly sanctions or negative inference judgments.
