Employers have a duty to preserve information that is potentially relevant to anticipated or existing litigation and failure to comply with that duty can have dire consequences. As such, issuing a litigation hold should be at the top of every employer’s to-do list once placed on notice of a lawsuit, an administrative charge, an agency investigation or any other claim or action. Below are some questions and answers that are worth considering the next time you find yourself in such a situation.
What is a Litigation Hold?
A litigation hold is an internal instruction issued by a company to its employees directing them to identify, locate and preserve paper and electronic documents and information that may be relevant to a particular dispute, claim or investigation. In addition to preventing the deletion, destruction or modification of documents and information by individuals, a litigation hold should also include the suspension of any routine document destruction pursuant to a company’s document retention policies or otherwise. Continue Reading