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The litigation hold demand letter should explain the party's duty to ensure that all documentary evidence, videos and electronic data relevant to the litigation be preserved, and safeguarded from destruction. It should identify, as specifically as possible, the information to be preserved.
Here are five points to keep in mind when drafting a pre-litigation demand letter: Clearly state the nature of your demand. ... Stick to the facts and avoid inflammatory language. ... Consider the applicable ethical constraints. ... Follow the requirements of any applicable contracts or statutes.
Upon receiving a legal hold notice, a company should perform the following steps: Notify IT staff who are responsible for managing data that is impacted by the legal hold. Ensure that IT staff acknowledges the legal hold notice.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
The terms ?Litigation Hold Letter? and ?Litigation Hold Notice? are used interchangeably to describe written requests from adversaries designed to trigger the duty to preserve relevant evidence, and the same terms are used to describe the written notice lawyers send their own clients advising them to suspend routine ...
If you get one of these, the best response is to first contact your business attorney. The notice should be as specific as is reasonably possible. The purpose is to put a business on notice that the data identified in the letter might be needed in a dispute. Beware that ignoring the notice can be problematic.
This is a formal letter that should include: A summary of the original incident with any factual disputes highlighted. Evidence to support the version of events provided in the Settlement Demand Letter. An outline of any relevant legal standards that apply to the matter. A settlement offer and terms/timeline for acceptance.
Generally, legal hold notices (also called ?litigation holds?) are privileged, protected by the attorney-client privilege or work product doctrine.