What is a Document Hold Notices? (also called Document Preservation Notice or Legal Hold)
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What is a Document Hold Notice?
Records Management
29.05.2008
Mario Rieger
Document Hold Notices
What is a Document Hold Notice? (also called Document Preservation Notice or Legal Hold)
A notice from the Law or Tax department that is generated when litigation or an investigation are pending or in progress and there is a requirement to preserve documents pertaining to this action.
The Document Preservation Notice (also known as a DOCUMENT HOLD NOTICE or a LEGAL HOLD NOTICE) orders a SUSPENSION OF DESTRUCTION of ANY SPECIFIED RECORDS CONCERNING THE LITIGATION OR INVESTIGATION. Any records (both paper and electronic) related to the Document Preservation Notice must be retained as instructed in the Notice.
Document Hold Process
The ILM Group will notify you or your department by email if you have been identified by the Law Department as potentially having any documents related to a particular litigation or investigation.
The Document Hold Notice itself will contain guidelines on how to comply (i.e. What types of records to retain, where to store those records, next steps, etc.)
Document Holds are only lifted or released after written authorization from the Law Department. You will be notified by email at that time, and then regular Records Retention guidelines will apply to those records.
Remember...
...If your department is notified of a Document Hold...
o Do Not Destroy Originals or Copies of
Records that are the subject of Litigation o Before you participate in any type of
cleanout, you must check with the ILM group and the Legal Department to verify whether you are impacted by a current Document Hold
Finally, if the Company is involved in subpoenas or document requests, IT'S REQUIRED BY LAW THAT WE COMPLY!