Riley Bennett Egloff Magazine April 2018 | Page 14

Litigation Hold Letters:
5 Steps to Avoid Problems
By: Sarah MacGill Marr
I
n today’s world of fast-paced, electronic
communication, nearly every corporation in the
U.S. maintains electronically stored information
(commonly referred to as “ESI”). In general, ESI
includes emails, documents, spreadsheets, and text
messages. Many companies have formal document
retention policies which describe how the company
is to preserve ESI. Yet, not all companies have such
policies. Since not all companies have document
retention policies, the practice of sending “Litigation
Hold” letters has become common. Whether you are
an owner of a small, local business or General Counsel
of a Fortune 500 company, it is critically important
to keep an eye out for Litigation Hold letters, sincte
Litigation Hold letters may impose strict standards
on your company for retaining documents which may
become relevant in future litigation.
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Riley Bennett Egloff LLP - April 2018
What is a Litigation Hold Letter?
A Litigation Hold letter, sometimes called a
litigation hold notice or preservation letter, is written
correspondence directing an entity or an individual to
preserve documents which could become evidence in
litigation. These letters usually require the preservation
of electronic correspondence (e-mails), documents,
spreadsheets, paper documents or other data. Federal
courts throughout the country and many states
(including those in Indiana) have high standards for
ESI preservation.
Although these letters are sometimes accompanied by
formal notice of a lawsuit, they are often sent before
litigation is initiated, by a person or company who
believes it may have a claim against your company.
Investigation of the claim or potential claim could still