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Using a search engine as a resource to locate a legal hold application/software. As discussed in the lecture notes as well as in the textbook readings. After the preliminary case evaluation is completed, a legal hold can be issued and a complaint can be filed in civil cases (or an indictment in criminal cases). A legal hold is a communication issued as a result of current or reasonably anticipated litigation, audit, government investigation or other such matter that suspends the normal disposition or processing of records.

Similar terms include “litigation hold,” “preservation letter,” “suspension order” and others. For the most part, the terminology depends on the role of the party issuing the communication. For example, preservation letter might be used more frequently between opposing counsel to memorialize (that is, capture for legal purposes) the duty to preserve; “litigation hold” might be used more often in corporations between in-house counsel and IT staff, management, and so forth, to indicate that pending or actual litigation is reasonably anticipated.

It’s also imperative to remember that legal holds are typically used in civil cases. Criminal prosecution more commonly involves using search warrants and seizing evidence during the investigation stage to prevent evidence from being destroyed by the accused. In civil cases, deliberate destruction of evidence can result in criminal prosecution under the Sarbanes-Oxley Act (18 U.S.C. § 1519) as well as legal sanctions in other matters.

A litigation hold is a directive to your client and others to preserve ESI or other information pertaining to the litigation. The legal hold notice and subsequent notices and reminders should describe the matter at issue, provide specific examples of the types of information at issue, identify potential sources of information and inform recipients of their legal obligations, including the potential penalties for noncompliance. A legal hold notice should inform recipients of whom they should contact if they have questions or need additional information.

Upon locating a legal hold application/software write a one-to-two-page report summarizing the application’s features and usage. Your report should include the URL link to the website as well as a statement as to why you’ve selected the application/software.

Save your file as a Word document (.doc or .docx) using the following naming convention to name your document: ‘first name, last name – C5L3: Legal Hold.

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