Legal Hold

A legal hold, also known as a litigation hold or preservation order, is a process that organizations use to preserve relevant electronic and physical information related to a legal case or dispute.

A legal hold is crucial because it prevents potential evidence destruction, alteration, or loss. This helps ensure the evidence is available for review or collection until the issue is resolved.

A legal hold can be used in various situations, including Legal cases, Investigations, FOIA/CCPA requests, HR disputes, and Discovery requests.

A legal hold is initiated when an organization's legal department sends a notification to employees and other custodians. The notification should include a description of the matter at issue, Examples of relevant information, Identification of potential sources of information, Legal obligations to preserve information, and Potential consequences of noncompliance.

The hold process should also include documentation of the date and by whom the hold was initiated and any scope changes, notices, and reminders sent.

Organizations that fail to identify and preserve the suitable data sources could face serious consequences, including adverse legal outcomes, sanctions, penalties, or case dismissal.