Litigation Hold Letter (To Client)

[LAW FIRM LETTERHEAD]

Client Address City, State

Re: [CASE NAME AND NUMBER/BRIEF DESCRIPTION OF DISPUTE]

Dear [CLIENT]:

As you are aware, [litigation between [you/[COMPANY]/[INDIVIDUAL]] and [OPPONENT]/an investigation by [REGULATORY AGENCY]/an [internal] audit by [ENTITY]] concerning [NATURE OF DISPUTE] [is likely/has commenced/will soon commence]. Therefore[, as we have previously discussed by [telephone/conference] on [DATE]], you are required to preserve all data relevant to this dispute. Failure to preserve documents may cause the [court/[REGULATORY AGENCY]] to impose penalties and sanctions against [you/[COMPANY]/[INDIVIDUAL]].

Specifically, you must preserve all relevant paper and electronic documents and data, including, but not limited to: Electronic files. Retain all relevant electronic files, including active files, archived files, deleted data which is currently recoverable and legacy data relevant to the [case/matter/dispute/investigation] [including [RELEVANT FILE TYPES]]. Paper copies of files. Preserve all paper copies of files, presentations, calendars, diaries, notebooks [RELEVANT FILE TYPES], and other physical paperwork related to the matter, even if duplicate copies may exist in electronic format. Other materials. Relevant information is not always presented as a document. Other relevant data (for example, models, diagrams, [OTHER MATERIALS], images and presentations) also must be retained. Subsequently made documents. Your duty to preserve relevant information is ongoing. Be sure to preserve all relevant documents that are composed or received after your receipt of this letter. Electronic hardware and software. Maintain a copy of hardware and software needed to view electronic files, including all relevant encryption and de-encryption systems, compression and decompression software and relevant passwords. If hardware containing relevant information is replaced or becomes outdated, retain the relevant hardware so that relevant data still may be accessed.

To ensure that all relevant documents are preserved, we suggest that you take the following steps immediately: Suspend all data destruction policies. Until you identify the location of all potentially relevant data, all data destruction policies should be suspended. This suspension should continue for those locations that contain relevant information for the duration of the [case/matter/dispute/investigation]. Identify the locations of relevant data. Consider all possible locations and types of data that may be relevant, including data stored on proprietary databases, thumb drives and employees' personal devices. After all locations containing relevant data are identified, you may resume regular data destruction policies for locations without relevant information. Identify employees with relevant data. List all employees who may have possession or control over potentially relevant data, including: key players and their assistants; employees in relevant business units; records department personnel; IT personnel; and other employees that may deal with document retention or storage of documents or data (including former employees' files). Inform affected employees. Immediately draft and distribute a litigation hold notice to all employees who have relevant data, which explains the purpose and scope of the litigation hold and the actions they must take to comply with it. If you need assistance preparing a litigation hold notice, please contact us. Notify affected third parties. Third parties that may have relevant information may include: former employees; consultants and professionals; vendors; [and] [[your parent company], [sister companies], [and] [subsidiaries]; and] cloud storage providers. Develop a collection process. Ensure that all relevant data and other material is stored and organized in an efficient and safe manner. Paper documents and electronic storage of relevant data should be maintained under lock and key.

[SIGNATURE PAGE FOLLOWS] Please contact us with any questions or concerns you may have or for further advice.

Thank you in advance for your cooperation.

Very truly yours,

______