Legal Hold and Record Retention

Hi All,

I am looking for information, language, or articles surrounding records’ retention after a Legal Hold.

What happens to the retention of a record when a legal hold is lifted? Meaning is there a new retention period start date when the hold is lifted. I believe this is called tolling the statute. Or do you use the original termination date?

If you have any insight or can let me what your companies does, I would truly appreciate it.

Thank you in advance.

Gina Ferreri

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If the record ended up having relevance to an investigation, there’s a good chance that the record could have additional investigatory value beyond its disposition date in either case.

I would tend to keep it for the longer of the two at least, if not re-categorize it to a category with a longer retention.

You don’t want to have to answer for deleting investigation responsive records in the court or in the court of public opinion, that could be pretty damaging.

Thank you for the quick reply, Richard. Your response is helpful.

I have a follow up question. Let’s say a legal hold is over and the matter is settled or the court case is concluded, would the records have a new termination date or would it follow the original termination date?

Contrarily, if a legal hold is lifted and the responsive content was not needed for investigation, does that change the retention period or original termination date?

Thank you!

The retention period restarts from the date legal hold is lifted. This allows you to consider appeals that might be filed after the decision of the court. Hope that helps.

Tondalaya

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Agreed, restart from the date the legal hold ended.

That makes perfect sense, thank you Richard and Tondalaya!

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