Implementing a legal hold starts with the delivery of a litigation hold notice, which initiates the preservation of ESI and other documents necessary for litigation or investigation. The organization may take an automated or a manual approach to the implementation.
In the manual approach, the hold notice gives custodians direct instructions for the preservation methods and describes under what circumstances the preservation should take place. The automated approach refers to changes made on information systems that alter relevant settings to suspend deletion of information like e-mail messages. An automated approach also can include automatically making copies of relevant documents before they are destroyed or deleted. Although automation is helpful, no organization can ensure complete and accurate litigation hold preservation without human oversight and some form of manual implementation of a litigation hold.
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