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1st attachment is the homework to be completed, the other 2 are examples of how assignment should be completed
homework_to_be_completed.docx

mjd_725_week_12_hold_order_example_2_for_electronic_distribution_of_a_hold_order_letter.docx

mjd_725_week_12_hold_order_letter_example_1.docx

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Homework to be completed:
You will find examples of two different styles of hold letters for you to familiarize yourself with
and use as points of reference for this week’s assignment. For the assignment, draft a legal hold
order letter to your employees in response to a government subpoena. The purpose of the letter is
to stop spoliation of evidence, both hardcopy and electronic. Your letter should not be a perfect
copy of either of the letter examples; however you may use them as a general template for
creating your own letter. You will be graded on how thoroughly you think through the situation
and direct your employees to protect the information the government is requesting.
For purposes of the assignment, this week’s lecture discusses the issue and briefly describes your
company; and following is a summary of the issue for which you are protecting documents.
The government has subpoenaed your company regarding alleged fraud and false claims
involving contracted janitorial and maintenance services. Your company was supposed to
provide the services for federal warehouses, but allegedly did not. The government claims it has
received invoices for cleaning and maintenance services of plumbing and electrical systems, but
that the work was not performed. It is asking for all documents on or about the company’s
financials related to the contract, and all documents related to or likely to lead to evidence
regarding the work your company supposedly provided the government from January 1, 2013 to
December 31, 2015. This subpoena asks for both hard copy and electronic documents.
Your company is mid-sized with approximately 6000 employees; the enterprise spans the entire
United States. It has a finance department, a legal department, a separate compliance and ethics
department, and a maintenance and construction department, which performs the services for
which your company contracts.
Page 1 of 2 Attorney Client and Attorney Work Product Privilege
HOLD PRESERVATION NOTICE
To:
From:
Contact:
Date:
Subject:
Date Range:
Attached Distribution List
REDACTED
REDACTED
March 16, 2016
HOLD ORDER – Preservation Notice –
EMPLOYEE REDACTED
Document and Electronic Data from
January 2013 – December 2015
What is Covered By This Notice:
Employee REDACTED has filed a charge with the Department of Fair Employment and Housing claiming
discrimination based on religion, sexual orientation and disability as well as retaliation (the “Matter”). In
order to preserve information relating to the Matter, you must immediately take steps to preserve
Materials in your possession, custody, or control. The term “Materials” means personnel records, pay
records, performance records, employee relations records, job applications, communications regarding
job openings, medical records, benefit records, including all documents, electronically stored
information, and tangible things potentially relevant to the issues described in this Preservation Notice,
including, but not limited to, emails, voice mails, writings, drawings, graphs, charts, photographs, sound
recordings, images, databases, objects, and any other data stored in any medium, whether such
Materials exist at your office or home, including any laptops(s), computer(s), or storage device(s). Your
obligation to preserve Materials is independent of whether other copies of such Materials exist
elsewhere.
What We Are Asking You To Do:
A. Preserve Relevant Information.
Effective immediately and until further written notice, regardless of any past or existing policies or
procedures, please retain and do not delete, destroy or modify Materials which are related to the
following, if created or edited between January 1, 2013 and today’s date:
1. Any Materials relating to REDACT’s hiring, termination, complaints, employee relations issues, payroll
decisions, job classifications, medical restrictions, performance and any other employment related files.
Page 2 of 2 Attorney Client and Attorney Work Product Privilege
B. How to Preserve.
Once you have preserved Materials within your possession or control, please do not take any other
action, such as forwarding the Materials to the Legal Department, until further notice. If necessary, you
may receive additional information about any additional actions to take with regard to the preserved
Materials
THIS PRESERVATION NOTICE SUSPENDS THE COMPANY’S NORMAL RECORDS RETENTION AND
DISPOSITION POLICIES AND SCHEDULE FOR “MATERIALS” UNTIL FURTHER WRITTEN NOTICE BY THE
LEGAL DEPARTMENT.
C. Cooperate with the Legal Services Department
Attorneys from the Legal Department may contact you to discuss the Matter and the Materials. Please
cooperate fully with the Legal Department. Employee communications with Company lawyers regarding
the issues covered by this Notice generally are privileged and confidential, and the Company has the
sole right to decide whether to invoke the privilege. Therefore, please do not discuss the nature or the
substance of these conversations with others outside the Company and limit your conversations within
the Company to those who have a need to know. If you are contacted by anyone not affiliated with the
Company, please do not discuss the matter with them and contact REDACTED.
D. Identify Other relevant Custodians
If you are aware of someone within or outside the Company who may possess Materials, such as third
parties or affiliates, please notify REDACTED at REDACTED@REDACTED.com and provide that
information. Please do not circulate or forward this Notice to yourself.
E. Acknowledgement
Please click on the voting buttons to indicate you have read and understood the contents of this
Preservation Notice.
Attorney-Client Privileged Communication
Attorney-Work Product
To:
All Persons Believed to Possess Potentially Relevant Information
From: Jennifer A. DiLoreto, Lead Attorney
Subject: Directive Regarding Preservation of Data – REDACTED
On March 16, 2016, REDACTED was served with a United States Department of Defense Inspector
General Subpoena (“Subpoena”). The Subpoena commands REDACTED to produce documents in
categories identified in Attachment A of this Memorandum (“Subpoena Requests”). You have been
identified as possibly possessing potentially relevant documents or other information. REDACTED has an
important duty to preserve all “potentially relevant information,” whether in paper or electronic form
and we need your help to meet this obligation. This memo serves as a memorialization of previous
emails or oral direction that you may have received to preserve such data.
All recipients of this memo must preserve and retain (i.e. do not alter, delete or otherwise modify) any
information, documents and electronic data that may fall within the description contained in
Attachment A. If you have not already done so, please make sure that all communications, information
and documents, either in paper or electronic format, that pertain to these topics are retained until
further notice, and that the Legal Department is made aware of what you possess. If you are not clear
how to preserve such media, please contact Jennifer DiLoreto or my paralegal REDACTED.
Any question you may have as to the relevance of a particular document, file, email or other electronic
data compilation should be resolved in favor of preservation and retention. Failure to preserve relevant
information could result in significant penalties against REDACTED.
As a starting point, all media which you believe contains any potential relevant information must be
preserved. Routine backup procedures that could cause any such information to be deleted or
overwritten have been suspended. Please do not delete emails or other electronic files even if you have
the information on hard copy, including items already in your Recycle Bin.
Please consider all forms of media in which you may have potentially relevant information. Again, any
questions as to the scope of this directive should be resolved in favor of preservation and retention.
Such media types could include







Emails and attachments whether on desktop or laptop computers, PDAs, cell phones, servers or
other devices;
Electronic data (e.g. computer system activity logs, internet usage files, and network access
information, text files such as word, excel, ppt, databases, .jpg, .tiff, .pdf. HTML or others);
Faxes; Memos
Calendars
Backup tapes or other media;
Flash drives or other removable storage media;
Hard drives or other CPUs being placed into recirculation;




Computer code (i.e. object code, C++, data calls or links)
Videos, DVDs, photographs or other pictorial media;
Voicemail messages; and/or
Archived or otherwise difficult to access information (i.e. legacy disks).
If you are aware of other forms of media that should be preserved, please advise us immediately. The
relevant time period is broadly interpreted as for now as January 1, 2013 through the present.
We also ask that you please avoid unnecessary private discussions about issues involved. Your
conversations with non-lawyers may be required to be repeated in some legal proceeding later. Your
discussions about the Government’s investigation or any litigation should be directed to Legal Counsel
or those working at Legal Counsel’s direction.
Information that you provide to Legal Counsel about referenced matter is protected by the attorney
client privilege. As such, reports or work generated at the request of Legal Counsel are to be addressed
to Legal Counsel and may not be distributed to anyone else. Please do not generate any documents on
this matter, including but not limited to, email, unless someone in the Legal Department specifically
requests that you do so.
At individual work stations, this directive requires you to preserve and retain all potentially relevant
documents, electronic files stored on your hard drive and all potentially relevant email contained in your
Outlook Inbox and Folders. Any email “janitorial” functions, such as automatic deletion of email after a
certain number of days, must be disabled. At the appropriate time, Legal Counsel will notify you
regarding collection of your files.
At the network and systems administration level, this directive requires you to preserve and retain all
potentially relevant files currently stored on REDACT’s servers and refrain from doing any administrative
work that has any possibility of destroying potentially relevant files. Any “janitorial” functions must be
disabled. Any existing backup tapes containing potentially relevant information must be inventoried,
preserved, and pulled from recycling rotation.
Strict compliance with these guidelines is essential in order to maintain the attorney work product and
attorney-client privileges, and to protect REDACT’s interests. The Company’s success in defending itself
may depend on each person’s full compliance with these preservation obligations. Accordingly, by
signing this acknowledgement, it is important that you acknowledge that you: 1) read and understand
this memo; and 2) have actively undertaken to preserve all potentially relevant information until
otherwise instructed.
If you know of any employee who might have information concerning the topics listed above who is not
on the distribution list for this memorandum, or if you have any questions or comments regarding this
request, please contact Jennifer DiLoreto, or my paralegal REDACTED, right away. Thank you for your
cooperation and assistance.
___________________
Employee Acknowledgment
Print Name:_________________
Dated:______________________
After signing this document, please send the original to Redacted in the Legal Department

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