MODULE 01 ASSIGNMENT
LITIGATION HOLD, NOTICE OF PRESERVATION AND ORDER OF PRESEVATION
Litigation Hold
❖ Definition: A litigation hold is an internal directive of a company’s
legal counsel covering employees of the firm and ordering them to
stop their return policies for document and data destruction. It is
provoked when litigation or potential litigation is imminent or
underway. Also, if for some other reason government inquiries
might have been started. Litigation holds stops potential news or
information which could be useful from slipping away and perhaps
even getting into the hands of the opposing side in an adversary
action. Preservation Notice
❖ Explanation: A preservation notice is formal communication between
parties involved in a lawsuit requesting that specific documents,
electronically stored information, or other physical evidence be
saved. The specific information that such party request proceeds
with its notice and the recipient is responsible for causing it to
become permanently preserved or unchanged in any way outlined
within the notice.
❖ Comparison: Preservation notice originates from a party outside the
lawsuit and marks a formal demand for preservation of evidence
building. It does not have the direct legal authority of a court order
behind it because all adversaries have collectively agreed to this, but
this notice is very revealing concerning that the information is seen
by the opposing side and suggests also possible future legal
pressures on whatever such data is kept intact. Failure to adhere to a
preservation notice reasonably can harm legal proceedings.
LITIGATION HOLD, NOTICE OF PRESERVATION AND ORDER OF PRESEVATION
Litigation Hold
❖ Definition: A litigation hold is an internal directive of a company’s
legal counsel covering employees of the firm and ordering them to
stop their return policies for document and data destruction. It is
provoked when litigation or potential litigation is imminent or
underway. Also, if for some other reason government inquiries
might have been started. Litigation holds stops potential news or
information which could be useful from slipping away and perhaps
even getting into the hands of the opposing side in an adversary
action. Preservation Notice
❖ Explanation: A preservation notice is formal communication between
parties involved in a lawsuit requesting that specific documents,
electronically stored information, or other physical evidence be
saved. The specific information that such party request proceeds
with its notice and the recipient is responsible for causing it to
become permanently preserved or unchanged in any way outlined
within the notice.
❖ Comparison: Preservation notice originates from a party outside the
lawsuit and marks a formal demand for preservation of evidence
building. It does not have the direct legal authority of a court order
behind it because all adversaries have collectively agreed to this, but
this notice is very revealing concerning that the information is seen
by the opposing side and suggests also possible future legal
pressures on whatever such data is kept intact. Failure to adhere to a
preservation notice reasonably can harm legal proceedings.
