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A Litigation Hold Notice tells employees and organizations to stop deleting or changing specific records because they might be needed in an upcoming lawsuit. When legal action appears likely, companies send these notices to prevent anyone from destroying emails, files, or other information that could serve as evidence.

The notice creates a legal duty to preserve relevant materials and helps companies avoid serious penalties for destroying evidence. It typically lists which documents to keep, how long to keep them, and who needs to follow these instructions. Many organizations use automated systems to enforce these holds across their digital records, from email servers to cloud storage.

Send a Litigation Hold Notice immediately when your company learns about a potential lawsuit or receives a legal complaint. This includes situations like workplace accidents, discrimination claims, contract disputes, or when federal regulators start investigating your business. The key is acting fast once you reasonably expect legal action.

Issue these notices when employees report serious incidents, after major product failures, or following data breaches that might lead to lawsuits. Early distribution helps protect your organization from accusations of destroying evidence. Many courts expect to see proof that you sent hold notices promptly after becoming aware of possible litigation.

• Standard Hold Notice: Basic version covering routine business records, emails, and digital files. Typically used for straightforward commercial disputes.
• Department-Specific Notice: Tailored for specific teams like IT, HR, or Finance, with detailed instructions about their unique record types.
• Data-Focused Notice: Specialized version for preserving electronic evidence, databases, and digital communications, often used in cybersecurity or privacy cases.
• Enterprise-Wide Notice: Comprehensive version covering multiple locations, departments, and subsidiaries for complex corporate litigation.
• Third-Party Notice: Modified format for vendors, contractors, or business partners who may hold relevant evidence.

• Legal Department: Creates and manages the hold notice process, determines scope, and advises on compliance requirements.
• IT Teams: Implement technical preservation measures across digital systems and help identify relevant data sources.
• Department Managers: Ensure their teams understand and follow hold requirements, report potential violations.
• Employees: Must preserve specified documents and data once notified, regardless of their role or department.
• Records Management Staff: Suspend normal deletion schedules and help coordinate preservation efforts.
• Outside Counsel: Often reviews hold notices and advises on scope and distribution strategy.

• Identify Scope: List all relevant documents, data types, and systems that need preservation.
• Map Key Players: Document which employees, departments, and third parties possess relevant information.
• Define Timeframe: Establish the date range for preservation, including both historical and future records.
• Draft Instructions: Create clear steps for preserving different types of records, from emails to physical documents.
• Review Systems: Check automated deletion policies, backup schedules, and archive processes that need modification.
• Distribution Plan: Create recipient list and tracking system to confirm notice delivery and acknowledgment.

• Notice Description: Clear statement explaining the legal obligation to preserve evidence and reason for the hold.
• Scope Definition: Detailed list of documents, data types, and information that must be preserved.
• Time Period: Specific start date and duration of the hold requirement.
• Preservation Instructions: Step-by-step guidance on how to maintain different types of records.
• Acknowledgment Section: Space for recipients to confirm receipt and understanding.
• Contact Information: Designated person or department for questions about compliance.
• Consequences Statement: Description of potential penalties for non-compliance.

A Litigation Hold Notice differs significantly from a Notice of Default in both purpose and timing. While both documents serve as formal notifications, they address different legal situations and trigger distinct obligations.

• Purpose: A Litigation Hold Notice preserves evidence for potential legal proceedings, while a Notice of Default alerts parties about contract violations or missed obligations.
• Timing: Hold notices are preventive and issued before or during litigation; default notices typically come after a breach has occurred.
• Scope: Hold notices apply broadly to all relevant documents and data; default notices focus specifically on the breached terms or missed payments.
• Recipients: Hold notices go to everyone who might have relevant information; default notices target only the defaulting party.
• Legal Effect: Hold notices create preservation duties; default notices often start cure periods or termination processes.