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Mar 21, 2019

Behold the “Litigation Hold”

Litigation Hold

You are an officer, director/manager or agent for a corporation, limited liability company or residential cooperative/condominium. You occasionally receive garden-variety  claims for  personal injuries (e.g. slip-and-falls).  And from time-to-time more threatening claims (e.g. discrimination, breach of fiduciary duty). First thing first: immediately notify your liability insurance carrier in writing.  And second: preserve all hard copy and electronic documents and communications (including all audio and visual records) directly or indirectly relating to the claim. The first admonition of your obligation to preserve and protect relevant records may be a so-called “litigation hold”—a direction from either your attorney or the lawyer for the claimant to save… Read more