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An internal notice directing your employees and IT department to preserve all documents and data related to anticipated or pending litigation.
LITIGATION HOLD NOTICE
CONFIDENTIAL — DO NOT DISTRIBUTE EXTERNALLY
ATTORNEY-CLIENT PRIVILEGED
Date: [Date]
From: [Legal Department / General Counsel / Outside Counsel]
To: [List of Custodians / Department Heads / IT Department]
Re: Litigation Hold — [Matter Name/Number]
[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.
This notice creates a legal obligation. When litigation is reasonably anticipated, the organization and its employees have a duty to preserve all potentially relevant evidence. The failure to preserve evidence — known as spoliation — can result in severe court sanctions, including adverse inference instructions, monetary penalties, and, in extreme cases, default judgment. See Zubulake v. UBS Warburg LLC, 220 F.R.D. 212 (S.D.N.Y. 2003).
Effective immediately, every person receiving this notice must:
The following categories of documents, data, and materials must be preserved. This list is non-exhaustive — when in doubt, preserve.
Communications
Electronic Data
Physical and Visual Evidence
Business Records
Social Media and Online Activity
The IT Department must take the following steps immediately:
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:
[List all identified custodians by name and title. Example:
1. Jane Smith, VP of Human Resources
2. John Doe, IT Director
3. Sarah Johnson, Regional Manager
4. [Add all individuals who may possess relevant information]
Note: This list may be updated as additional custodians are identified. The duty to preserve applies to all custodians from the date they are notified. See Zubulake v. UBS Warburg LLC, 229 F.R.D. 422, 432 (S.D.N.Y. 2004) ("Zubulake V") (counsel has a duty to locate all relevant information, communicate the hold to all key players, and monitor compliance on an ongoing basis).
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.
The failure to comply with this litigation hold may result in serious consequences for the company and for individual employees, including:
Under Federal Rule of Civil Procedure 37(e), if electronically stored information that should have been preserved is lost because a party failed to take reasonable steps, the court may order measures no greater than necessary to cure the prejudice — or, if the party acted with intent to deprive, may presume the lost information was unfavorable, instruct the jury accordingly, or dismiss the action entirely.
[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:
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.
I acknowledge that I have received and read this Litigation Hold Notice. I understand my obligation to preserve all potentially relevant documents, data, and information described in this notice. I will comply with all instructions in this notice and will immediately contact [Legal Contact] if I have any questions or become aware of any relevant information not addressed by this notice.
Name: ______________________________
Signature: ___________________________
Title: _______________________________
Date: ________________________________
Federal Rules
Case Law
Zubulake v. UBS Warburg LLC ("Zubulake IV")
220 F.R.D. 212 (S.D.N.Y. 2003)
Once litigation is reasonably anticipated, a party must suspend routine document destruction policies and put in place a litigation hold to ensure relevant evidence is preserved.
Zubulake v. UBS Warburg LLC ("Zubulake V")
229 F.R.D. 422 (S.D.N.Y. 2004)
Counsel must: (1) issue a written litigation hold; (2) communicate it to all key players; (3) ensure relevant ESI sources are identified; and (4) monitor compliance on an ongoing basis. Failure resulted in an adverse inference instruction.
Pension Comm. of Univ. of Montreal v. Banc of Am. Sec., LLC
685 F. Supp. 2d 456 (S.D.N.Y. 2010)
The failure to issue a written litigation hold constitutes gross negligence. An oral instruction to preserve is insufficient.
Barnett v. Simmons
2008 OK 100
Oklahoma recognizes the court's inherent power to sanction spoliation and the availability of adverse inference instructions when evidence is destroyed after the duty to preserve attaches.
Put it in writing
An oral hold is insufficient. The Pension Committee court held that failure to issue a written litigation hold constitutes gross negligence per se.
Identify all custodians
Think broadly — this includes not just the key players, but also IT staff, assistants, contractors, and anyone who might have touched the relevant files.
Involve IT immediately
Auto-delete cycles, backup tape rotation, and device reimaging are the most common sources of inadvertent spoliation. IT must be your first call.
Follow up periodically
A hold is not "set it and forget it." Zubulake V requires ongoing monitoring. Send reminder notices quarterly and when custodians change roles or leave the company.
Document everything
Keep a record of when the hold was issued, who received it, who acknowledged it, and what IT steps were taken. This is your defense against a spoliation motion.
Why This Matters
The litigation hold is the single most important step in evidence preservation. Courts routinely hold that a party's failure to implement a timely, written litigation hold is evidence of negligence or bad faith — even if no specific document was lost. The holds themselves are regularly produced in spoliation briefing. A well-documented hold protects your client; a missing hold invites sanctions.
These resources provide general information. For guidance specific to your situation, contact Addison Law Firm.