What is the purpose of a "litigation hold"?

The purpose of a "litigation hold" is to preserve documents and evidence for upcoming litigation. When litigation is anticipated or reasonably foreseeable, a litigation hold is put in place to ensure that relevant information is not lost or destroyed, whether intentionally or inadvertently. This can include emails, text messages, documents, and other materials that may be pertinent to the case.

Implementing a litigation hold is a crucial step in the pre-litigation process to ensure compliance with legal obligations regarding discovery and to protect against spoliation claims. This practice is rooted in the need to maintain the integrity of evidence that could be requested during the legal proceedings, preventing parties from potentially being deprived of information that could impact the outcome of a case.