A legal hold is the process by which an organization suspends its normal document retention and auto-deletion practices to preserve information that may be relevant to pending or anticipated litigation. It typically begins with a written notice to identified custodians and extends to systems, backups, and third parties holding relevant data.

The duty attaches when litigation is reasonably anticipated, which is often earlier than the filing of a complaint. A demand letter, a serious incident, or an internal investigation can each trigger it.

Alternative Names:

Litigation Hold, Preservation Hold

Why it Matters?

Preservation failures are the most common source of sanctions in complex litigation, and they shift the focus of a case from the merits to the defendant's conduct. A defensible hold with documented scope, acknowledgment tracking, and periodic reissuance is the primary protection against a spoliation motion and an adverse inference instruction.

Frequently Confused with

Frequently asked questions

When does the duty to preserve begin?

When does the duty to preserve begin?

When litigation is reasonably anticipated. That is a fact-specific standard and often predates suit, arising from a demand letter, a serious incident, or internal awareness that a claim is likely.

Who should receive a legal hold notice?

Who should receive a legal hold notice?

Every custodian likely to hold relevant information, plus the IT and records personnel who control the relevant systems. Scope should be revisited as discovery reveals additional sources.

How long must a hold stay in place?