A litigation hold letter is a formal letter sent to potential defendants. It does not mean that a lawsuit has actually been filed yet, but it means that one is being considered and could be filed shortly. A litigation hold letter instructs the recipient not to destroy or conceal evidence that might be relevant to the potential lawsuit. This could include physical evidence as well as any electronic communications or data.
Our law firm has experience in all aspects of business law, including drafting and abiding by litigation hold letters. We can help you understand what a litigation hold letter applies to and how to ensure that you abide by the instructions. We can also help you prepare for any future litigation.
What Is the Purpose of a Litigation Hold Letter?
The purpose of a litigation hold letter is to ensure that a party does not destroy any evidence that might be material to a lawsuit. It is often sent when someone is planning to file a lawsuit but hasn’t actually submitted the paperwork yet. While it may sound like it is meant to keep people from intentionally destroying evidence, this isn’t always the case. It may be sent to businesses that regularly purge data after a certain time period. For example, security footage at a hotel may be deleted or overwritten every two weeks. If someone is considering legal filings that would need that footage, they need to let the hotel know so that they do not destroy that data.
How Long Is a Litigation Hold Valid For?
The length of time a litigation hold is valid depends on the specific circumstances. Litigation holds can last weeks, months, and even years. The exact length of time will depend on if the case actually does go forward and whether it is settled out of court or must go through a full trial. If the case goes to trial, the litigation hold is usually in effect until the verdict is reached.
What Should I Do If I Receive a Litigation Hold Letter?
If you have received a litigation hold letter, it is important to take the notification seriously. You should immediately contact an experienced business attorney to discuss the situation. They can go over the details of your case and provide counsel on what your next steps should be. It is never a good idea to destroy evidence after a litigation hold letter has been sent, even if you think that evidence may be incriminating.
If you recently received a litigation hold letter, our law firm can help. You can contact us by calling 323-230-6200 to find out more about what this means, what your options are, and how a possible lawsuit could affect you.