This is the sixth installment in a series of articles aimed at helping organizations implement an effective written litigation hold. This article covers modification of the legal hold.

If new information comes to light during the enforcement process, the litigation hold must be modified. Past cases and prominent commentators agree that a single, one-time notice is not enough to meet the legal requirements of a litigation hold. Case law requires the organization to enforce the effectiveness of their litigation holds and to modify the hold if necessary to help preserve records related to the trigger event.

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