Litigation Holds

What to do if you receive a “Litigation Hold Request,” also known as a “Notice to Preserve Documents and Electronic Data.”

Litigation Hold Requests are issued through the Office of the General Counsel.   If you receive one, it is because it is believed that you may have documents relevant to actual or anticipated litigation involving the University or a University employee.   Under the law, the University has an obligation to preserve information that may be relevant to a lawsuit once it has a reasonable belief that litigation may be forthcoming.  If you are involved in a situation that you think may result in a lawsuit against the University or a University employee, you should consult with the General Counsel.

If you receive a Litigation Hold Request, you should take the following action:

  1. Immediately return the Receipt of Litigation Hold Acknowledgement form.  (This form serves as evidence of the University’s attempt to comply with its obligation to preserve relevant documents.)
  2. Follow the instructions contained on the Notice to Preserve Documents and Electronic Dataalso known as the Litigation Hold Request.
  3. Utilize the Litigation Hold Checklist to ensure that your efforts to locate and preserve the relevant documents are sufficiently detailed.
  4. Return the Litigation Hold Checklist to the Office of the General Counsel.
  5. Do not forward any documents unless instructed to do so.  Our initial obligation is to locate and preserve, not to produce the documents.  The production of the documents may come later when a lawsuit is filed, or not at all, if no lawsuit is filed.  
  6. Continue to preserve all relevant documents until the Litigation Hold Request is released by the Office of the General Counsel. 

You can find all documents related to litigation holds here.

Thank you for your anticipated cooperation.