When Does the Duty to Issue a Legal Hold Arise? What Is Reasonable Anticipation? Micron Technology v. Rambus What Factors Should be Considered in Determining When the Duty to Preserve Has Arisen?

• Has a specific incident occurred that is likely to lead to a claim against my company?
• Have we discovered internal wrongdoing that is likely to lead to an investigation or litigation?
• Is my organization preparing to bring a claim against another? (This might include seeking the advice of counsel, sending a cease and desist letter or taking specific steps to commence litigation.)
• Has an individual, or group of individuals, made a credible threat to bring suit against my organization?
• What is the magnitude of the risk to the organization posed by the claim?

What If an Employee Knows of a Threat But Doesn't Report It to the Legal Department? Conclusion John Tredennick is the founder and chairman of Catalyst, which designs, builds and runs platforms for complex e-discovery, regulatory investigations and compliance