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Legal Hold Checklist
Identify the Scope of the Legal Hold
Determine the nature and extent of the litigation or investigation
Identify the relevant time period for the documents and communications
Pinpoint the types of information, documents, and electronic data that are potentially relevant
Notify Relevant Individuals
Draft a clear and comprehensive legal hold notice
Send the legal hold notice to all employees, contractors, and third parties who may possess relevant information
Ensure the recipients acknowledge receipt and understanding of the legal hold notice
Preserve Documents and Data
Suspend routine deletion or alteration of electronic and paper records
Instruct IT department to preserve relevant data in active systems and backups
Secure physical documents and any related evidence in a safe location
Monitor Compliance
Establish a process for periodic follow-up with individuals under the legal hold
Document efforts to preserve relevant information and any difficulties encountered
Update the legal hold notice as necessary to address changes in the scope or direction of the matter
Release the Hold
Notify all affected parties when the legal hold is no longer necessary
Ensure that the release of the hold is documented and communicated clearly
Resume normal document retention policies and schedules
Documentation and Reporting
Maintain a legal hold tracking system to record notices, acknowledgments, and actions taken
Document all steps taken to preserve relevant information throughout the hold period
Prepare a summary report at the conclusion of the legal hold for record-keeping and potential future reference
