In-house counsel frequently encounter litigation hold memos, but many operate without set guidelines on how to handle them. Accordingly, important information inadvertently may be released. Understanding the scope of a hold memo and assigning responsibility for compliance is key to protecting the business’ information and its case.
In-house counsel should distribute a litigation hold memo when litigation begins or when either counsel or others at the company reasonably anticipate litigation based on a good-faith, reasonable inquiry into the situation. As a practical matter, an in-house lawyer often may be the only person on notice of the events triggering the need for the litigation hold.
