Litigation Hold Procedures

What to do if you receive a “Litigation Hold Request,” also known as a “Notice to Preserve Documents and Electronic Data.”

Litigation Hold Requests are issued through the Office of University Counsel. If you receive one, it is because it is believed that you may have documents that relate to actual or anticipated litigation involving Kean University or a Kean University employee. Under the law, the University has an obligation to preserve information that may be relevant to a lawsuit once it has a reasonable belief that litigation may be forthcoming. If you are involved in a situation that you think may result in a lawsuit against the University or a University employee, you should consult with the Office of University Counsel.

If you receive a Litigation Hold Request, please do the following:

1. Immediately return the Receipt of Litigation Hold Instructions form.  (This form is evidence that the University’s attempted to comply with its obligation to preserve relevant documents.)

2. Follow the instructions contained on the Confidential Attorney-Client Privileged Communications document, also known as the Litigation Hold Request.

3. Utilize the Litigation Hold Checklist to ensure that your efforts to locate and preserve the relevant documents are sufficiently detailed.

4. Return the Litigation Hold Checklist to the Office of University Counsel.

5. Do not forward any documents unless instructed to do so. Our obligation is to locate and preserve, not to produce the documents. The production of the documents may come later if a lawsuit is filed.  

6. Continue to preserve all relevant documents until the Litigation Hold Request is released by the Office of University Counsel. 

Thank you for your anticipated cooperation.