A legal hold notice is the written notice an organization issues to its employees to notify them that a legal hold exists. The notice is used to put employees on notice that the organization believes that it is currently under a duty to preserve documents and Electronically Stored Information ("ESI") that it believes is relevant to an audit, investigation or lawsuit.
The form of the notice and its method of distribution varies. In the coming weeks we will post information about the form of the notice and the method of its distribution.
There are a few court cases that directly address the form of the notice and its method of transmission. We will post case citations in the coming days. In short, the notice must clearly identify the reason for the legal hold, enumerate the documents and ESI subject to preservation and contain language designed to put recipients on notice that they have an affirmative obligation preserve documents and ESI in their possession, custody or control. One court has held that receipt of the Legal Hold Notice must be confirmed.
More to come...