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.

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).

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. Disable any auto-delete, auto-archive, or auto-purge settings on email, messaging systems, voicemail, or file storage for all relevant custodians
4. Preserve all devices (laptops, desktops, phones, tablets, external drives) that may contain relevant information — do not reimage, recycle, or reassign these devices
5. Do not alter metadata — do not modify file properties, rename files, move files to new locations, or change folder structures for potentially relevant documents
6. Suspend backup tape rotation — do not overwrite or degauss any backup tapes, disaster recovery media, or archived storage that may contain relevant data
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

The following categories of documents, data, and materials must be preserved. This list is non-exhaustive — when in doubt, preserve.

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 (note: many systems overwrite within 7–30 days)
• 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. Suspend all routine data destruction affecting identified custodians — including email retention policies, server log rotation, backup tape recycling, and messaging platform auto-purge settings
2. Preserve system images or forensic copies of devices used by identified custodians, particularly if devices are scheduled for reimaging, replacement, or decommissioning
3. Disable auto-delete settings on Teams, Slack, Google Workspace, and any other collaboration platforms used by identified custodians
4. Preserve security footage from all cameras that may have captured events relevant to this matter — extend retention periods immediately
5. Document all preservation steps taken, including dates, systems affected, and the identity of the person who performed each step
6. Coordinate with [Legal Contact] before making any system changes, upgrades, or migrations that could affect data relevant to this matter

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 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).

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

The failure to comply with this litigation hold may result in serious consequences for the company and for individual employees, including:

• Court-imposed sanctions — including adverse inference instructions, monetary penalties, preclusion of evidence, and default judgment
• Personal liability for corporate officers and employees who are aware of the hold and fail to comply
• Disciplinary action up to and including termination for employees who intentionally or negligently destroy relevant evidence after receiving this notice

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.

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.