Related Posts
Is there anyone else in here?
Additional Posts in In-House Counsel
Any in-house counsel in here willing to post their company, level or YOE, and total comp breakdown? If you’re comfortable, please consider posting both your current stats and what your stats were when you first moved in-house. If there’s any other information that you want to share, please include that too (e.g., hours, interesting perks, etc.). Info on in-house salaries is pretty hard to come by, and it would be great to compile some data points here! Facebook Amazon Google Netflix Apple
New to Fishbowl?
unlock all discussions on Fishbowl.
Pro
I have never issued a company wide litigation hold. In my opinion, they should always be tailored to necessary recipients reasonably likely to have responsive information. This prevents unnecessary panic by uninvolved employees, reduces gossip, and helps protect privilege (both by reducing the number of people with knowledge of the subject matter of the hold and by reducing gossip).
The only instance I can think of where a company-wide hold might be appropriate is a broad regulatory investigation. Outside of this, it's generally best practice to narrow down exactly who is in possession of relevant data and ensure it is preserved either by the holder, your IT team and their admin controls, and/or by your team creating a copy and holding it in your files.
This is the practice at my company
Depends on the issue and company. At a startup (say, <150 employees) if the issue is big enough, the odds are that everyone has touched it.
I had a CFPB investigation and I sent out a lit hold to all 100 employees. I def don’t regret that.
Rising Star
Unless every person in the company potentially has relevant documents (or the risks otherwise are just unfathomably large for you) I wouldn’t do a company wide hold.