Drafting Legal Holds in Litigation

Companies have a duty to preserve relevant information when a lawsuit or investigation is pending or reasonably anticipated. A litigation hold is a directive to specific employees to preserve certain records and information (both paper and electronic) that may be relevant to the subject matter of a pending or anticipated lawsuit or investigation. Failure to timely institute and maintain a litigation hold can have serious consequences, including monetary penalties, adverse inference instructions to the jury, evidence preclusion, and case dispositive sanctions. Therefore, understanding when and how to implement a litigation hold is critical to effective representation of a client.

Join the experts as we discuss the obligation to implement a litigation hold and best practices for scoping, drafting, distributing, and maintaining a litigation hold.