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Litigation Hold Notice review

Litigation hold / preservation notice (FRCP 37(e), *Zubulake*).

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What it checks

Triggering event / pending or anticipated litigation

Litigation hold must describe the triggering event (filed or anticipated litigation / investigation).

Critical · SET-025

Scope of preservation — categories of materials

Hold notice must identify categories of materials to preserve (documents, emails, ESI, mobile, IM, voicemail).

Critical · SET-026

Suspension of routine deletion / retention policies

Hold notice must suspend routine deletion / records-retention policies on covered materials.

Critical · SET-027

Custodian list and acknowledgment requirement

Hold should identify covered custodians and require written acknowledgment.

Warning · SET-028

Point of contact for questions

Hold notice should designate a point of contact (in-house or outside counsel) for questions.

Warning · SET-029

Privilege and confidentiality reminder

Hold notice itself is typically privileged work-product; the notice should remind recipients not to share it externally.

Warning · SET-030

Every run also applies 113 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

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