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Subject:
From:
Larry Medina <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 2 Oct 2008 15:39:20 -0400
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On Thu, 2 Oct 2008 12:54:50 -0500, Greene, Ben <[log in to unmask]> wrote:

>What is the prevailing attitude towards placement of a corporate litigation
>hold policy?  Is it best to be placed as a small section with a "link"
>attached inside the corporate records retention policy or do you feel that 
>a litigation hold policy warrants enough attention that it should be 
>separated and on its own?  Thanks in advance.


Just to make sure I understand the question, you're speaking about what to
do with placement of the POLICY itself, guidance as to WHAT a Corporation
does in the event of the need to place a hold on the destruction of
information, correct?

I think a link to the POLICY should be placed on the web site in as visible
a location as possible.  This would only be the statement of what the
organization would do in the event of a legal action regarding the need to
perform some action related to WHAT to do with respect to records.

It seems as if the respondents are focusing further downstream and
discussing what happens to the PROCEDURE and how that is handled.  In most
instances I've seen, while a policy clearly states what an organization's
intent is when and if a legal hold needs to be placed on any information,
their process or procedure as to what is formally enacted when this takes
place is developed on a case-by-case basis.

Who the hold is communicated to and how it is communicated and placed on
information would be different for each instance, depending on how broad it
would need to be and what sources of information it may impact.  So, where
and when this would be placed would also need to be determined based on the
case being addressed, correct?

Larry  

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