Legal Hold

A legal hold is a formal process by which an organization is required to preserve and retain certain documents, data, and information that may be relevant to legal proceedings or investigations.

Key aspects of legal holds:

• Preservation: Documents and data subject to a legal hold must be preserved in their original state to prevent alteration, deletion, or loss of potentially relevant evidence.
• Scope: The legal hold may cover specific types of documents, data sources, or timeframes related to the legal matter.
• Communication: Relevant parties, such as employees and stakeholders, are informed of the legal hold and their responsibilities for compliance.
• Suspension of Deletion: Organizations are required to temporarily suspend routine document retention and deletion policies for items covered by the legal hold.
• Documentation: Organizations maintain records of the legal hold process, including communications, actions taken, and the reasoning behind the hold.

Reasons for legal holds:

• Litigation: Anticipated or ongoing legal proceedings, such as lawsuits or disputes, trigger the need for preserving relevant evidence.
• Regulatory Compliance: Organizations must retain data to meet regulatory requirements, even before litigation is imminent.
• Internal Investigations: Internal inquiries or investigations may require the preservation of evidence for potential legal actions.
• Government Requests: Legal holds can result from government subpoenas, investigations, or other official requests for information.

Legal holds play a critical role in ensuring the integrity of evidence, complying with legal obligations, and facilitating fair and transparent legal proceedings.