Education

A communication method frequently missed is employee education. Companies, with guidance from counsel, must indoctrinate employees on their preservation and retention responsibilities, providing periodic refresher training and mandatory seminars on new or revised legal requirements. They must specifically train key departments: Records, Legal, HR, and IT personnel, on the company's Legal Hold policies, and their exclusive preservation and compliance responsibilities.

Closing

When a legal action concludes, send employees a Legal Hold Termination Notice, reinstating regular retention policy and procedures. One caveat is the preserved information may be responsive to other legal matters requiring continued preservation of information. Establish methods of cross-referencing the information from a completed matter with active or potential future legal actions.