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Legal Hold Checklist

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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

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