In the realm of litigation, the legal hold process plays a crucial role in preserving electronically stored information (ESI) that may be relevant to a lawsuit. By imposing a legal hold, also known as a litigation hold or preservation obligation, organizations ensure that potentially important data is retained and not altered or deleted.
In this article, you’ll learn what a legal hold entails, the key steps in the process, the importance of compliance, and the roles of different stakeholders.
What is a Litigation Hold?
A litigation hold is a legal requirement that organizations must adhere to when faced with actual or anticipated litigation. It involves the preservation of relevant information that may become part of the discovery process. In simpler terms, a litigation hold is a directive to cease routine data destruction and ensure potential evidence is safeguarded.
When a litigation hold is issued, it signifies the start of a critical phase in the legal process. By implementing a litigation hold, organizations are legally obligated to retain all relevant data, including electronic documents, emails, instant messages, and other forms of communication that may be subject to the eDiscovery process.
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