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As eDiscovery experts, we’ve always believed that it is our duty to share our knowledge and expertise with the communities of practice involved in managing discovery. To that end, we developed the industry’s first cyclical educational series known as the Knowledge Leadership Series℠ of webinars. We are proud to say that this series has been the subject of two industry awards. Over 7,000 professionals have registered for our live and webinar programs, and we invite you to make our educational series of programs a regular part of your continuing education. Our webinars are free, and take place the third Thursday of each month at 1 pm Eastern. Our theme for 2016 is eDiscovery from the corporate viewpoint.

Have a topic you want to hear about or want to schedule a live private briefing? Let us know. We're always happy to hear from you. Email us at education@biaprotect.com.


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Sample Simplified Legal Hold Notice

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Disclaimer

The following is provided as Legal Information, and is not, nor intended to be, Legal Advice.  This document provides an informational example of a Legal Hold Notice, and by no means should be construed to present any legal advice or legal opinions.  The legal information is provided "as is" without any representations or warranties, express or implied.  BIA makes no representations or warranties in relation to the legal information below.  You must not rely on the information below as an alternative to legal advice from your attorney or other professional legal services provider.  You are encouraged to consult your attorney or other professional legal services provider.

Legal Hold Notice


What prompted Acme to issue this Legal Hold Notice?

Certain Claimants { have filed / may file } a legal action against Acme Corp. in which they claim { brief background of matter }. As a result, Acme is therefore issuing this Legal Hold Notice.

{ If a "Potential claim" } Has a claim been filed?

Not as this time, but we believe there to be sufficient reason to issue this precautionary Legal Hold Notice. The Potential Claimants have not only brought their concerns to Acme, but have expressed that they believe certain of those claims may be grounds for legal action and have informed Acme that they may pursue those claims.

Who is Receiving This Request?

This Legal Hold Notice is being sent to various people working on-site at Acme offices, including the entire marketing team and others within Acme that may have knowledge of the issues at hand. If you believe there are other people, whether current or former employees, or even third parties, that may have knowledge of the issues at hand and who should receive this Notice, please forward their names and contact information to legal@acme.com as soon as possible. You should not take it upon yourself to provide this Notice to other Acme personnel.

What does this request require me to do?

For now, you must preserve the following categories of documents:

  • (1) any records related to any discussion, consideration, research or other contemplation that relates, reflects or refers to the current, past or future compensation of any member of the marketing team, whether permanent or temporary;
  • (2) any records that may be potentially relevant or relate to any discussions, considerations or other aspects of any actual or perceived treatment of the Potential Claimants or any other member of the marketing team by other Acme employees and/or managers; and
  • (3) any correspondence with or documents pertaining in any way to the Potential Claimants whatsoever.

These categories of documents are subject to change, if the potential action proceeds. In the event of any such change, we will inform you of that change.

How do I preserve Records?

Hold - do not delete or alter - any and all Records in the possession, custody or control of Acme, including but not limited to documents, notes, email, chat programs, written notes or other similar items.

What is considered a "Record"?

For purposes of this Notice, a Record should be interpreted by you in the broadest sense to include but not be limited to any digital file (whether on a server, your computer(s) CDs, cellular telephone/smartphone, tablet computer or removable drives, and regardless of any file format) or hard copy (whether in your office or elsewhere). For purposes of this notice, Record also includes, but is not limited to: email, chat, text messages, MS Word files, MS Excel Spreadsheets, MS PowerPoint presentations, log files, and programming code, etc. For purposes of this Notice, Record also includes each and every copy of any digital file or hard copy of any such Record in Acme's possession.

What is meant by "Hold - Do Not Delete or Alter"?

Essentially, do not copy, delete, move or otherwise alter any file covered by this notice. If you need to use a particular file, it is best that you make a copy first and use the copy. Effective immediately, you must preserve and retain any hard copy or electronic information or data that is or may be relevant or related to the issues and categories of documents identified in this Notice. Acme is legally required to preserve and to use reasonable means to prevent destroying, altering, deleting, overwriting or otherwise modifying any such Record, whether hard copy or digital.

How important is this to Acme?

This is an extremely important legal responsibility, both for Acme and for you individually. Failing to follow the guidelines set forth in this Notice may result in legal sanctions against Acme. Your failure to comply with this Notice may result in the immediate termination of your employment.

You must acknowledge your receipt and understanding of your obligations. Please acknowledge your receipt of this Legal Hold Notice by clicking on the "I Acknowledge" text below.

What should I do next?

Sit tight - and don't worry. Do not take any actions to organize your Records - do not worry about how this impacts your daily routine - it really shouldn't. In the end, it is quite simple - if you are in doubt, don't modify, access or delete any Record. We would rather you err on the side of caution than accidentally or unintentionally delete any Record.

What should you do if you have any questions?

If you have questions, please direct your questions to: legal@acme.com. Again, if you are unsure whether a Record or device you have is subject to this Legal Hold Notice, please err on the side of caution and preserve the Record, and contact Acme Legal for guidance.