A business litigation hold notice in UAE is also referred to as a preservation letter or litigation hold notice. It is a formally written correspondence that directs an individual or business entity to preserve all documents that can be used as evidence during litigation. A litigation hold notice in Dubai often requires the preservation of all electronically sent correspondence e.g. emails, filed documents, spreadsheets, and other data. The UAE Courts have high standards when it comes to document preservation.
Crucial Steps to Take Upon Receiving a Litigation Hold Notice in UAE
A litigation hold notice in Dubai can be accompanied with a formal notice of a pending lawsuit. It is often sent prior to court proceedings initiated by an individual or entity that believes there is a claim against you. The investigation of a potential claim can be ongoing; however, through the sending of a business litigation hold notice in UAE, the sender is likely to impose the burden on you for the preservation of certain documents. Here is what you need to do when you receive a business litigation hold notice in UAE: You can also learn about online blackjack for real money
Step 1: Seek counsel.
The litigation hold letter that you’ve received may sound fairly simple and straightforward. As a result, your initial reaction is believing that you’ve taken all the necessary steps in complying with the letter’s requests. But we strongly recommend you seek legal counsel right away. If you already retain a corporate attorney, contact the legal professional. The primary reason why you need to reach out to legal counsel is for lawyers and legal advocates in Dubai like HHS lawyers in Dubai to review the letter.
A corporate attorney in Dubai/UAE will evaluate whether or not a response is necessary or appropriate. A brief response, in most circumstances, can help protect the interests of your business. For instance, when the business litigation hold notice in UAE requires the preservation of all data that are on electronic devices, your counsel can write back to explain the policy of your company on ordinary document retention. The lawyer can also offer in preserving additional data that are from certain employees. Through a formal written response, you’re notifying the sender regarding your plan and you effectively protect the interests of your business moving forward in case a suit is filed or initiated.
Step 2: Find out the types of documents that are relevant.
This sounds easier and simpler than it actually is. Most litigation hold letters are drafted broadly or generally. They seek the retention or preservation of documents that relate to a matter at hand. This may include files that relate to a client or customer. However, a litigation hold notice in Dubai may also seek the retention of documents that relate to a much broader set of documents, including corporate policies. Make sure you have your legal counsel study the notice carefully. Work with the professional in making sure that you understand the specific documents which are required by the letter sender.
Step 3: Find out the specific employees that have relevant information.
Take a closer look at the litigation hold notice in UAE you’ve received just recently. Determine the people that are in your business who may be currently in possession of all relevant data. Perhaps the best starting point for you is your IT department. If so, then discuss with your IT personnel regarding the preservation of all relevant information that are stored electronically.
Then, speak with each of your staff members who may have the knowledge on where data is stored. Are all the data stored on the company network? Does each of your employees retain documents on a company hard drive? Do you have employees that keep data on their personal devices, including phones, personal computers or tablets? Make sure that every relevant employee fully understands his/her obligation in preserving data. Also let employees know the appropriate measures that they need to take.
Bonus: NEVER ignore a litigation hold notice!
This is very important if you have received a business litigation hold notice in UAE. NEVER ignore the letter. Should you receive one, there is the temptation to just let it sit right on your desk. This is especially when you are already very busy running your business. After all, there is no profit that can be made from it. There is also no goodwill for your business to be earned or customers to satisfy. The lawsuit may also be a few years from now before it is executed.
It’s easy to see why addressing a litigation hold notice in Dubai or anywhere in UAE may not be your priority. Nevertheless, don’t ignore it. There are very serious consequences if you do so. You will expose your business or yourself to unnecessary risk if requested information isn’t preserved properly.
For more information, consult with best corporate attorneys in Dubai like HHS Lawyers’ today!