Are Litigation Hold Letters Discoverable? | Cullen and Dykman LLP - JDSupra
To answer that question briefly: typically, no litigation hold letters are
not discoverable. However, there is catch, which the Western District of
New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted
the *Major Tours,
Inc*.[1<http://ediscovery.cdllpblogs.com/2012/04/litigation-hold-letters-discoverable/#litigation-hold-letters-discoverable-n-1>
] principle that litigation hold letters are generally not discoverable as
they are ordinarily protected by either attorney-client privilege or work
product protections, unless a preliminary showing of spoliation is made.

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