Litigation Holds

Under the Federal Rules of Civil Procedure, anytime the University reasonably anticipates the filing of a lawsuit, we have a duty to preserve all evidence (hard copy or electronic), that might become relevant to the lawsuit.  The Office of Legal Affairs handles litigation holds in the following manner:

• An attorney from Legal Affairs will identify all employees involved in a particular matter and place each one on litigation hold.
• A memo is drafted to the Information Security Officer listing all the employees on the hold.
• A memo is drafted to each individual employee notifying him/her of the hold and their duties and responsibilities while on the hold. Each employee will be required to cease destruction of potentially relevant electronic documents concerning this individual/matter. A questionnaire is attached for each employee to fill out, which includes a request to list their individual devices (desktop, laptop, iPad, cell phone, etc.)  Once the questionnaires are received, a copy is sent to OIT.
• Once a matter/case is resolved and approved to be removed from litigation hold, The Office of Legal Affairs will notify the employees the hold is being released.

In the event that you receive a litigation hold request or have any questions about this process, you can reach Kathleen Blanton, Paralegal, in the Office of Legal Affairs at (210) 458-4104.

- Kathleen Blanton

The contents of this newsletter are intended to convey general information only, and not to provide legal advice or opinions.  Please contact the Office of Legal Affairs (210-458-4105) to obtain legal counsel on any particular university issue or matter.