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A Litigation Hold Notice tells people and organizations to keep specific documents, emails, and other records when there's a chance of legal action. It's a critical tool used by Hong Kong businesses and law firms to prevent the deletion or alteration of evidence that might be needed in court.

Once received, everyone must preserve the specified materials exactly as they are - even if normal document retention policies would allow deletion. Under Hong Kong's civil procedure rules, failing to properly maintain these records can result in serious penalties and harm your legal position. The hold stays active until formally lifted by legal counsel.

Issue a Litigation Hold Notice immediately when your organization faces potential legal disputes, regulatory investigations, or employee grievances in Hong Kong. Common triggers include receiving formal complaints, discovering serious contract breaches, or learning about workplace accidents that might lead to claims.

Early implementation helps protect vital evidence before it's deleted or altered through routine operations. For example, send the notice when employees report discrimination, customers threaten lawsuits over defective products, or regulators announce audits. This proactive step safeguards your position and meets Hong Kong courts' expectations for proper evidence preservation.

• Basic Hold Notice: A standard notice covering general document preservation requirements, typically used for straightforward commercial disputes in Hong Kong.
• Departmental Hold Notice: Targets specific business units or teams, detailing unique preservation needs for their data types and systems.
• IT-Focused Hold Notice: Contains technical instructions for preserving electronic records, databases, and digital communications across company systems.
• Regulatory Investigation Hold: Specially crafted for regulatory matters, with specific language meeting Hong Kong regulatory requirements.
• Extended Enterprise Hold: Covers third-party vendors, contractors, and external stakeholders who may possess relevant materials.

• Legal Counsel: Draft and issue Litigation Hold Notices, advise on scope, and monitor compliance throughout preservation periods.
• IT Departments: Implement technical preservation measures across digital systems and databases.
• Department Managers: Ensure their teams understand and follow hold requirements, identify relevant materials.
• Employees: Must preserve specified documents and data once notified, regardless of normal retention policies.
• External Vendors: Often bound by hold requirements when they handle company data or records.
• Compliance Officers: Oversee hold implementation and coordinate between legal teams and affected departments.

• Identify Scope: List all potential legal issues, relevant departments, and types of records needing preservation.
• Map Data Sources: Document locations of electronic and physical records, including emails, shared drives, and paper files.
• Define Timeframe: Establish the date range for preserved materials, considering Hong Kong's limitation periods.
• Draft Recipients List: Create comprehensive list of staff, contractors, and vendors who need the notice.
• Specify Actions: Detail exact preservation steps required, including suspension of routine deletion policies.
• Review Process: Outline how compliance will be monitored and reported throughout the hold period.

• Purpose Statement: Clear explanation of the legal matter and preservation requirements.
• Scope Definition: Detailed list of documents, data types, and materials to be preserved.
• Time Parameters: Specific start date and duration of the hold obligation.
• Preservation Instructions: Step-by-step guidance on how to maintain records properly.
• Compliance Requirements: Explicit statement of recipient obligations under Hong Kong law.
• Contact Information: Designated person for questions and reporting issues.
• Acknowledgment Section: Space for recipients to confirm understanding and compliance.
• Legal Consequences: Clear statement about penalties for non-compliance.

A Litigation Hold Notice differs significantly from a Notice of Default. While both documents serve important legal purposes, they have distinct roles and implications in Hong Kong's legal framework.

• Purpose: Litigation Hold Notices preserve evidence for potential legal proceedings, while Notice of Default formally alerts parties about contract breaches.
• Timing: Hold notices activate immediately upon potential legal issues, whereas Default notices typically follow actual contractual violations.
• Scope: Hold notices cover broad document preservation across an organization, while Default notices focus on specific contractual obligations.
• Duration: Litigation holds remain active until explicitly lifted; Default notices often have specific cure periods.
• Recipients: Hold notices target internal stakeholders and data custodians; Default notices primarily address external contracting parties.