Practical Guide To Writing A Legal Hold Directive

The essentials of establishing a legal hold, starting with sending, in plain English, a directive to any potential information custodian, explaining the who, what, when, why, and how of preservation. “Of course, the legal hold memo should avoiding sending the message that everyone that might have anything should just save everything forever,” the author writes. And adds: Explaining to recipients how they determine if they have potentially relevant information is tricky, and this part of the memo should be edited ruthlessly. “Does the custodian need to know the case style or where the lawsuit is pending? Will the custodian understand what ‘misappropriation of trade secrets’ means, or should you just say that Company X claims we stole secret information about their Shiny New Product?’” This post, from Arnall Golden Gregory LLP, is written as a guide in the context of litigation in healthcare, but the practical advice it contains is adaptable in any setting.