Litigation Hold Notice

Date: [Date]

From: [Legal Department / General Counsel / Outside Counsel]

To: [List of Custodians / Department Heads / IT Department]

Re: Litigation Hold — [Matter Name/Number]

Purpose

[Company Name] is involved in [anticipated / pending] litigation related to [brief, non-privileged description of the matter]. As a result, we are issuing this litigation hold notice to ensure that all potentially relevant documents and information are preserved.

Litigation is now reasonably anticipated. The organization must take reasonable steps to preserve information that may be relevant to the claims and defenses described below. Federal Rule of Civil Procedure 37(e) does not demand perfect preservation, but it permits curative measures when electronically stored information that should have been preserved is lost because reasonable steps were not taken and the information cannot be restored or replaced.

Immediate Actions Required

Effective immediately, every person receiving this notice must:

1. Stop deleting any documents, emails, messages, files, or data that could be related to this matter — even if they would normally be deleted under routine retention policies
2. Preserve all hard-copy and electronic documents in your possession, custody, or control that relate to [describe the subject matter broadly]
3. Do not change retention settings yourself — notify [Legal Contact / IT Contact] about auto-delete, auto-archive, voicemail, messaging, or file-storage settings that may affect relevant information
4. Do not reimage, recycle, reset, or reassign a relevant device until [Legal Contact / IT Contact] decides how its information will be preserved
5. Preserve content in a reliable form — do not edit, overwrite, or manipulate potentially relevant files or messages; ask [Legal Contact / IT Contact] before reorganizing them
6. Identify unique archives or backups that may contain relevant information unavailable elsewhere; do not alter them until Legal and IT evaluate whether preservation is necessary
7. Identify all relevant sources — notify [Legal Contact] of any additional documents, data sources, or custodians not addressed in this notice that may contain relevant information

Scope of Preservation

Preserve information concerning [claims, defenses, events, people, and subjects] for the period [start date] through [end date or ongoing]. The categories below are examples; keep the final list tied to the issues in this matter. Ask [Legal Contact] before deleting anything you are unsure about.

Communications

• Email (including sent, received, deleted, draft, and archived folders) and all email attachments
• Text messages (SMS and iMessage), including messages on personal devices used for work purposes
• Instant messages on all platforms (Microsoft Teams, Slack, Google Chat, WhatsApp, Signal, etc.)
• Voicemails, recorded phone calls, and call logs
• Calendar entries, meeting invitations, and meeting recordings/transcripts
• Video conference recordings (Zoom, Teams, WebEx, etc.)

Electronic Data

• Documents, spreadsheets, presentations, PDFs, and all file attachments
• Cloud-stored documents (Google Workspace, OneDrive, SharePoint, Dropbox, Box, etc.)
• Database records, CRM entries, and ERP system data
• Server logs, access logs, authentication records, and system audit trails
• Backup tapes, disaster recovery archives, and system images
• Metadata associated with all electronic files (creation dates, modification dates, access history, authors)

Physical and Visual Evidence

• Surveillance video and security camera footage, including the system's actual overwrite schedule
• Photographs, videos, and audio recordings
• Access badge/key card logs and visitor sign-in records
• GPS data, vehicle telematics, fleet tracking data, and dashcam footage

Business Records

• Personnel files, performance reviews, disciplinary records, and termination documentation
• Incident reports, investigation files, complaints, and witness statements
• Policies, procedures, employee handbooks, training materials, and organizational charts
• Financial records, contracts, invoices, purchase orders, and accounting entries
• Insurance policies, claims files, and correspondence with insurers
• Board minutes, committee records, and corporate governance documents

Social Media and Online Activity

• Company social media posts, comments, and direct messages
• Employee social media activity related to the matter (to the extent the company possesses or controls it)
• Website content, cached pages, web analytics, and marketing data

IT Department Directives

The IT Department must take the following steps immediately:

1. Map relevant systems and retention periods for the identified custodians, subjects, and date range, including cloud services and company-managed mobile devices
2. Pause routine deletion where needed for relevant email, messaging, voicemail, logs, files, and recordings after confirming the scope with [Legal Contact]
3. Preserve devices scheduled for change — before reimaging, replacement, or decommissioning, determine whether targeted collection, export, or a forensic image is reasonably necessary
4. Preserve short-retention sources first, including relevant security footage, dashcam video, access logs, and ephemeral messages
5. Evaluate backups rather than freezing all of them — preserve a backup or archive when it is a unique source of relevant information or Legal directs it; document why ordinary rotation may continue elsewhere
6. Document preservation decisions and steps, including dates, systems, custodians, responsible personnel, exceptions, and any known loss or gap
7. Coordinate with [Legal Contact] before system changes, migrations, or vendor offboarding that could affect relevant information

Identified Custodians

The following individuals have been identified as custodians who may possess relevant information. Each custodian must receive a copy of this notice and confirm receipt:

Note:This list may be updated as witnesses, claims, defenses, or systems change. Receipt of this notice is not necessarily the date the organization's preservation duty began; that question depends on when litigation became reasonably foreseeable. Send additions and corrections to [Legal Contact] promptly.

Duration

This litigation hold remains in effect until you receive written notice that it has been lifted. Do not assume the hold has been released based on the passage of time or the resolution of a specific phase of litigation. If you have any questions about the scope or duration of this hold, contact [Legal Contact] immediately.

Consequences of Non-Compliance

Failure to follow this hold can create evidentiary and operational problems for the organization, including:

• Loss of evidence needed to prove a claim or defense
• Additional discovery or curative measures if relevant information cannot be restored or replaced
• Serious sanctions, including an adverse inference, dismissal, or default, when the governing standard and required intent are established
• Internal corrective action if an employee knowingly disregards this notice or company policy

Under Federal Rule of Civil Procedure 37(e), curative measures require electronically stored information that should have been preserved, loss caused by a failure to take reasonable steps, inability to restore or replace the information, and prejudice. An adverse inference, dismissal, or default under Rule 37(e)(2) requires a finding of intent to depriveanother party of the information's use in the litigation.

Ongoing Monitoring and Compliance

[Legal Contact / Legal Department] will periodically follow up with custodians and IT to confirm that preservation obligations are being met. Custodians must promptly report to [Legal Contact] if they become aware of:

• Any relevant documents or data that may have been inadvertently destroyed or altered
• Any additional data sources, devices, or repositories not previously identified
• Any planned system changes, migrations, or upgrades that could affect preserved data
• New employees or third parties who may possess relevant information

Acknowledgment

Please sign and return the acknowledgment below to [Legal Department Contact] by [deadline]. Failure to return this acknowledgment does not relieve you of your obligation to comply.