Litigation Hold Notification Letter

Litigation Hold Notification Letter

Date:

To: Recipient Name:    Title:

Recipient Address:

From: Organization:    Representative:

RECITALS

WHEREAS, Organization has been notified of or is reasonably anticipating litigation, regulatory investigation, or other formal dispute concerning the matter identified as: (Docket/Matter No.: );

WHEREAS, Organization reasonably believes that certain documents, electronically stored information, and tangible things in the custody or control of Recipient may be relevant to such litigation or investigation; and

WHEREAS, Organization requires that preservation measures be implemented immediately to prevent alteration, loss, deletion, or destruction of potentially relevant materials.

NOW, THEREFORE

In accordance with the foregoing recital, Organization notifies Recipient of a mandatory legal hold. Recipient must preserve and not alter, delete, discard, or destroy any documents or electronically stored information that are potentially relevant to the matter identified above, as further specified below.

1. PRESERVATION OBLIGATIONS

1.1 Recipient is obligated to preserve all originals and copies of documents and ESI that reasonably could be relevant to the dispute. Preservation includes but is not limited to: ceasing all deletion and destruction activities, suspending auto-delete functions, preserving metadata, and retaining existing backups and archives.

1.2 The duty to preserve is triggered with respect to any documents or ESI that may reasonably be calculated to lead to admissible evidence concerning the claims or defenses in the matter identified above.

2. SCOPE OF MATERIALS TO PRESERVE

Preserve the following categories of materials in your custody or control (check all that apply):

Emails and attachments Electronic documents and files Mobile devices (phones, tablets) Cloud accounts and collaboration platforms Backups and archives Social media and messaging accounts Paper records and physical files Third-party custodial records/vendors

If other categories apply, describe:

3. IMMEDIATE STEPS REQUIRED

3.1 Immediately suspend any routine destruction, deletion, or alteration processes (automated or manual) for all records and ESI identified above.

3.2 Do not delete, edit, overwrite, or destroy any responsive documents, including emails, drafts, deleted files, system logs, and metadata. Do not dispose of physical items that may be responsive.

3.3 If any responsive material has been deleted or altered after the date of this notice, promptly notify Legal Hold Contact below and preserve any remaining copies or system logs reflecting the prior existence of such materials.

4. CUSTODIAL LOCATIONS AND ACCESS

5. LEGAL HOLD CONTACT

6. ACKNOWLEDGMENT OF RECEIPT

By signing below, Recipient acknowledges receipt of this Litigation Hold Notification, affirms that Recipient understands the preservation obligations described herein, and agrees to comply fully with those obligations until notified in writing that the hold is released.

7. CONSEQUENCES OF NONCOMPLIANCE

Failure to comply with this legal hold may expose Recipient and Organization to legal sanctions, including monetary fines, evidentiary preclusion, adverse inference instructions, and other sanctions as determined by a tribunal. Intentional destruction or concealment of relevant materials may result in disciplinary action up to and including termination of employment or contract.

8. DURATION; FURTHER INSTRUCTIONS

The obligation to preserve continues until Organization issues a written release of this hold or until final resolution of the matter, whichever occurs later. Organization may issue supplemental instructions further defining the scope of preservation or the process for collection and review.

9. NOTICES

All notices or communications required or permitted hereunder shall be made to the Legal Hold Contact listed above and to the sender representative identified at the top of this notice.

10. MISCELLANEOUS CLAUSES

Governing Law: This notice and any disputes regarding preservation obligations shall be governed by the substantive laws of the state designated by Organization as applicable without regard to conflict of law principles.

Entire Agreement: This notice constitutes the complete and exclusive statement of the preservation obligations communicated herein and supersedes any prior oral or written communications on the subject.

Severability: If any provision of this notice is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Amendments; Waiver: No amendment or waiver of any provision of this notice will be effective unless in writing and signed by an authorized representative of Organization. Failure to enforce any provision will not constitute a waiver of future enforcement.

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