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Litigation Hold Memo--What Does It Contain?

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EXDiscovery Nuts and Bolts Webinar0

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Hello folks and thank you for tuning in to another exciting episode of the E-Discovery Nuts and Bolts Webinar.  I am your host and E-Discovery Practitioner, Anthony Johnson. 

In this episode, we will continue our theme on the Litigation Hold or Legal Hold because we have received an abundance of feedback from our listening audience on this topic.  And that should very well be the case.  The implementation of a "litigation" or "legal" hold is one of the most important, if not the most important, part of your litigation.  The failure to preserve evidence, electronically stored information, or otherwise, can and will have devastating consequences. 

The Litigation Hold Memo should contain:

  • Basic facts
  • Discussion of obligation, brief explanation
  • Description of material to be preserved
  • Reference to usual retention this supercedes
  • Point person for questions
  • Acknowledgement

One must follow up once the litigation hold is issued.  You should periodically revisit the scope and recipients of the hold in light of case developments.  Finally, one must be prudent to release the hold at the end of the case so that the suspension of routine document retention/destruction policies may resume normal operations.

For further analysis of the issuance of a Litigation Hold to your particular situation contact A. Johnson & Associates, LLC, 888-502-0586 or www.ediscoverynow.net.

DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Mediators|Conslutants.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.

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