Free Legal Case Litigation Hold Policy Template

Legal Case Litigation Hold Policy

The purpose of this policy is to ensure that we take appropriate steps to preserve documents and electronically stored information (ESI) that may be relevant to anticipated, pending, or ongoing legal proceedings. This policy outlines the procedures for the issuance, compliance, and release of litigation holds.

Scope

This policy applies to all employees, contractors, and agents of our organization. It covers all forms of documents and electronic records, including emails, written correspondence, files, and databases, regardless of where the information is stored.

Policy Statement

We are committed to complying with legal obligations related to the preservation of relevant information during litigation or when litigation is reasonably anticipated. Failure to preserve such information may result in legal and financial penalties, as well as harm to our reputation.

Procedures

1. Identification of the Need for a Litigation Hold

A litigation hold is initiated by our legal department when litigation is anticipated or commenced. Relevant employees will be notified when a litigation hold is in effect.

2. Issuance of Litigation Hold Notice

The legal department will issue a Litigation Hold Notice to all employees who may possess relevant information. This notice will detail:

  • The nature of the legal issue.

  • The types of documents and ESI to be preserved.

  • Instructions for the preservation of relevant information.

  • Contact information for questions regarding the litigation hold.

3. Responsibilities Under a Litigation Hold

Upon receipt of a Litigation Hold Notice, employees must:

  • Preserve all relevant information in its current form and location.

  • Suspend any document destruction or data deletion policies that might pertain to the relevant information.

  • Provide copies of relevant information to the legal department, if requested.

4. Compliance Monitoring

The legal department will monitor compliance with the litigation hold, providing assistance and follow-up as necessary to ensure that all relevant information is preserved.

5. Release from Litigation Hold

Once the legal department determines that the litigation hold is no longer necessary, a release notice will be issued to all affected employees. Upon receipt of the release notice, normal document and data management policies may be resumed.

Training and Awareness

We will provide training to all employees on this policy and their responsibilities under a litigation hold. Regular reminders will be issued to ensure continued awareness and compliance.

Review and Revision

This policy will be reviewed annually by our legal department to ensure compliance with current laws and best practices. Revisions will be made as necessary to address changes in legal requirements or organizational procedures.

Enforcement

Failure to comply with this policy may result in disciplinary action, up to and including termination of employment, in addition to any legal consequences.

This Litigation Hold Policy is a critical component of our legal compliance program. Adherence to this policy is mandatory for all employees to protect the integrity of legal processes and to safeguard our organization's interests.

For questions regarding this policy or its implementation, please contact the legal department.

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