Does your company have an established procedure for issuing timely litigation holds? Recent court decisions make it clear that employers have a duty to preserve electronically stored information and paper documents they know or should know would be relevant to a current or threatened legal action. The consequences for failing to do so can be severe. Events which trigger an employer's duty to preserve information/documents include, but are not limited to, the following:

A litigation hold notice is best made in writing, It should instruct recipients to preserve and not destroy (or overwrite) electronically stored information and paper documents that are relevant to current or threatened litigation.

Litigation hold notices must be tailored to the facts of each case and should be reviewed by counsel knowledgeable in this area. If you have a question about litigation hold practices, Poyner Spruill attorneys are experienced in minimizing legal risks through the effective use of litigation holds and are available to assist employers with any of their needs.

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