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To create a litigation hold, have counsel assess whether preservation is required, define which people, messages, files, systems, and dates are relevant, then coordinate clear instructions to employees with technical controls that stop routine deletion of in-scope information. Verify both the notices and the system changes, document the work, and keep the hold in place until counsel authorizes a change or release. A notice alone may not stop automated deletion, and a technical setting alone may not cover every relevant mailbox, chat, or file location.
The trigger, scope, and permitted collection methods depend on the dispute, applicable law, court orders, company systems, and privacy or regulatory requirements. This is general U.S.-oriented information, not legal advice; counsel should direct the hold.
What a litigation hold does—and when to start one
A litigation hold is a counsel-directed process to preserve potentially relevant information when a lawsuit is pending or reasonably anticipated. It is not simply a label added to an email, nor is it one universal software command. It combines decisions about what evidence may matter with instructions to people and changes to systems that might otherwise delete or overwrite it.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsDo not wait automatically for a complaint to arrive. The Sedona Conference’s Principle 3 describes preservation as potentially arising when a proceeding is filed and also when future litigation is reasonably expected and evidence may be relevant. Whether a particular demand, incident, threatened claim, or other warning creates a duty is a legal judgment for counsel. Record the date counsel identifies as the trigger and the reasons for that decision.
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Federal Rule of Civil Procedure 37(e) addresses electronically stored information (ESI) that should have been preserved in anticipation or conduct of litigation, is lost because a party failed to take reasonable steps, and cannot be restored or replaced through additional discovery. It provides a framework for possible court measures; it is not the only possible source of preservation duties. The Federal Rules of Civil Procedure govern civil proceedings in U.S. district courts, and the U.S. Courts notes that the Civil Rules were last amended in 2025. Confirm the operative rule text and any case-specific orders with counsel.
How do I put a litigation hold on business email and chat?
Use a workflow that joins legal decisions, custodian instructions, and IT implementation. Assign a matter owner, record decisions as they are made, and do not treat a sent notice or a successful admin setting as proof that all relevant data is preserved.
- Open the matter with counsel. Route the dispute, demand, incident, or other warning to counsel. Ask counsel to assess whether a preservation duty has arisen, identify the trigger date, and document the rationale and any relevant court order.
- Map the likely evidence. With counsel, the business, and IT, identify the issues in dispute, likely custodians, relevant time period, communication tools, file locations, and deletion or retention processes. Include former employees or people who changed roles if they may have relevant information.
- Set and record the scope. Define who and what is covered, including relevant accounts and locations, and explain why those boundaries fit the matter. Decide whether the hold needs to change as the facts develop.
- Notify custodians. Send tailored instructions explaining what to preserve, what not to do, how to ask questions, and how to acknowledge receipt. Follow up with people who do not respond.
- Coordinate technical preservation. Under counsel’s direction, have authorized administrators identify and suspend or modify relevant deletion settings and apply appropriate platform controls. Confirm that the organization has control over the data and that the chosen controls cover the intended locations.
- Validate and maintain. Check acknowledgments, platform hold status, coverage, implementation dates, and exceptions. Monitor changes to people, systems, and policies, and review the scope with counsel as the matter evolves.
- Release only on authorization. Document counsel’s approval before releasing a hold or restoring routine deletion. Limit release to the custodians and sources counsel says are no longer in scope, and retain anything still subject to another obligation.
How to define the scope without missing evidence
Scope should follow the issues in the matter, not a default rule to preserve every company system indefinitely. A defensible scope is specific enough to implement and explain, while accounting for where relevant information may actually exist. Counsel should weigh the claims, likely relevance, accessibility, burden, applicable rules, and any court orders. Rule 26 and case-specific orders may shape discovery and preservation alongside Rule 37(e).
Identify people, dates, and subjects
List likely custodians and the business units involved. Consider employees who have left, changed roles, or used a shared mailbox or collaboration space. Define the relevant topics and an approximate date range based on the known events. If those boundaries are uncertain, document the uncertainty and have counsel decide whether to begin with a broader scope and refine it later.
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Inventory communication and file locations
Include more than individual inboxes. Depending on the matter, sources may include business email, shared mailboxes, distribution lists, messaging platforms, mobile messages, collaboration tools, attachments, and files shared through those tools. Ask where employees conducted relevant business, including personal accounts or devices if they were used for business and are legally accessible. Collection or access to personal data raises legal and privacy questions; do not assume the company can inspect every device or account.
Find deletion and lifecycle processes
Ask IT how ordinary retention and deletion work for each source. Relevant processes can include automatic email deletion, mailbox lifecycle rules, chat expiration, backup rotation, employee offboarding, mobile-device changes, and migration or vendor procedures. Identify who can change each setting, when the change can take effect, and what exceptions apply. A backup may not be a practical or complete substitute for preserving live source data; counsel and IT should evaluate the actual system rather than assume.
Record why the boundaries make sense
Keep a dated scope record with the matter issues, custodians and sources selected, date range, relevant policies, exclusions, and the reason for each material choice. If a source is inaccessible, outside the organization’s control, or unusually burdensome to preserve, document that fact and escalate it to counsel instead of silently omitting it. Update the record when new custodians, systems, or facts change the analysis.
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A useful notice tells each recipient what the hold means for their work. It should be tailored to the matter and the recipient’s likely information; a generic announcement that says only “do not delete documents” may not explain which chats, accounts, or files are covered. These are practical drafting elements, not a form mandated by Rule 37(e).
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- Identify the matter and purpose. Give enough context for the employee to recognize relevant communications without sharing unnecessary confidential details.
- Define the covered information. Describe relevant subjects, approximate dates, accounts, systems, and file types in terms the recipient can apply. Include business-related messages and files in covered locations, not only formal documents.
- Give a clear preservation instruction. Tell the recipient not to delete, alter, discard, or destroy covered messages, files, or devices, and to stop routine cleanup for information within the hold’s scope.
- Explain where else relevant information may be located. Ask the recipient to identify business-related material in other locations they use, such as a mobile messaging app or a shared workspace. Do not imply that an employee should access a personal account or device in a way counsel has not authorized.
- Provide a contact and response method. Name a person or team for questions, explain how to report a potentially relevant source, and require acknowledgment by a specified process or date.
- Set expectations for updates. Tell recipients to report role changes, departure, device replacement, or newly discovered relevant information. Explain that they will be told if the scope changes or the hold ends.
Use a controlled distribution list and keep the version sent, delivery records, acknowledgments, reminders, and responses. Reissue or update instructions when custodians or scope change. A notice is an instruction to preserve; it is not itself evidence that automated deletion has been disabled.
How to preserve Microsoft Teams chats and files
For Microsoft 365, first identify the type of Teams content and its associated storage location. Teams is not a single preservation target: channel conversations, one-to-one or group chats, and files shared in chats are stored differently. A hold aimed at one location may therefore fail to cover other relevant content associated with the same employees.
| Teams content | Microsoft-documented storage location | What to assess for the hold |
|---|---|---|
| Channel conversations | The mailbox associated with the Team | Identify the relevant Team and its associated mailbox as a potential location. |
| Files in a channel | The Team’s SharePoint site | Assess the site and relevant files separately from the channel conversation location. |
| One-to-one and group Chat conversations | Participant mailboxes | Identify the relevant participants and the mailbox locations implicated by the matter. |
| Files shared in Chat | The sharer’s OneDrive | Identify the file owner or sharer and assess the relevant OneDrive location separately. |
These storage distinctions are documented by Microsoft and matter when selecting eDiscovery locations. Start with custodians and Teams spaces implicated by the dispute, then map each relevant conversation and file type to its documented location. Do not assume that preserving a Team’s channel messages also preserves separate one-to-one chats or files shared from a user’s OneDrive.
Microsoft Purview eDiscovery supports holds on selected content locations, including infinite or query-based preservation and date-range scoping. The exact features available depend on the environment and the user’s licensing. Microsoft says administrators should verify that each user’s license supports the hold being used; query-based, time-bound, or custodian-scoped capabilities may require higher-tier subscriptions or add-ons. Check Microsoft’s current licensing guidance and product documentation before relying on a particular option, because features and licensing can change.
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Microsoft states that an eDiscovery hold may take up to 24 hours to take effect. That is Microsoft’s documented processing window, not a guarantee that every location was selected correctly or that a particular matter is fully preserved. Record when the hold was configured, verify its status and location coverage in the administration system, and escalate failures or uncertainty.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How Exchange Litigation Hold differs from a Purview eDiscovery hold
Microsoft provides more than one preservation mechanism. The appropriate choice depends on the data locations involved, the desired scope, licensing, the environment, and how existing retention policies or other holds apply. Do not treat a long-term retention policy as automatically interchangeable with a case-specific hold.
| Consideration | Exchange Litigation Hold | Microsoft Purview eDiscovery hold |
|---|---|---|
| Documented preservation behavior | Microsoft’s Exchange Server documentation says it preserves deleted items and original versions of modified items, including an enabled archive mailbox. | Supports holds on selected content locations, including infinite or query-based preservation and date-range scoping. |
| Locations to assess | Mailbox and, where enabled, archive mailbox; confirm the relevant Exchange environment and accounts. | Selected content locations. For Teams, account for the separate mailbox, SharePoint, and OneDrive locations involved. |
| Timing stated by Microsoft | Microsoft says the setting may take up to 60 minutes to take effect. | Microsoft says an eDiscovery hold may take up to 24 hours to take effect. |
| Licensing and eligibility | Product-specific options depend on the Exchange environment; confirm applicable requirements in current Microsoft documentation. | Verify each user’s license for the specific hold. Some query-based, time-bound, and custodian-scoped capabilities may require higher-tier subscriptions or add-ons. |
| Operational concern | Microsoft advises monitoring Recoverable Items capacity. | Verify the selected locations, scope, status, and processing in the administration system. |
The timings and behaviors above come from Microsoft product documentation, not a legal standard. Exchange Server and Microsoft 365 configurations can differ, and product interfaces, licensing, and processing times can change. Have an administrator confirm the exact platform, permissions, and supported feature before implementation.
Multiple holds or retention mechanisms can coexist. Microsoft documents that a mailbox may have more than one applicable hold. Before changing or removing a policy or hold, administrators should identify all mechanisms that apply and confirm with counsel that the proposed change does not affect preservation still required for this matter or another obligation.
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Does a litigation hold stop employees from deleting emails?
Not by itself. A notice tells employees what they must preserve, but ordinary deletion settings may still operate unless administrators identify and change the relevant controls. Conversely, a technical hold may preserve certain data without ensuring that employees understand their obligations or report relevant information in locations that were not included in the configuration.
Use both parts of the process: give custodians clear instructions and have authorized administrators apply appropriate technical controls. Then verify each part independently. Check acknowledgments and follow up with nonresponders; check the hold status and location coverage; and document the evidence of implementation. If a custodian reports deletion, a missing account, or an uncovered location, escalate it promptly to counsel and IT rather than assuming a backup or another hold resolved the issue.
How to verify and maintain the hold
Preservation is an ongoing responsibility, not a one-time email or configuration task. The Sedona Conference’s Principle 3 recommends reasonable, good-faith steps to meet preservation obligations and a proactive plan. In practice, use a matter log that lets counsel and administrators see what was decided, implemented, and checked.
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- Record the trigger assessment, scope decisions, custodians and sources, date range, and the reasons for important inclusions or exclusions.
- Retain each notice version, distribution details, acknowledgments, reminders, employee questions, and reported sources.
- Document the system settings before and after changes, who implemented them, implementation dates, exceptions, validation results, and any failures.
- Record relevant licensing or permissions checks and the platform locations selected for technical holds.
Recheck people, systems, and scope
Review the hold with counsel periodically and when facts change. Monitor for new hires or custodians, departures, role changes, data migrations, retention-policy changes, and platform changes. A change to an employee’s mailbox or a vendor’s system can affect where data resides or how a hold operates. Assign responsibility for noticing and escalating these events rather than relying on custodians to remember every technical detail.
Use appropriate administrative audit or eDiscovery checks to confirm coverage without altering preserved evidence. Reconcile the intended scope against the locations that actually show a hold. Record exceptions, investigate discrepancies, and escalate gaps promptly. The goal is not merely to show that a setting exists, but to determine whether the intended data and people are covered.
How and when to release a hold
Do not let a hold expire or restore ordinary deletion simply because a case has settled, a custodian left, or a particular collection is complete. Counsel should determine whether the preservation obligation has ended or narrowed, taking account of continuing claims, court orders, appeals or other proceedings as applicable, and any separate legal, regulatory, contractual, or business retention requirements.
Once counsel authorizes a change, document the approval and its scope. Release only the affected custodians and sources, and restore ordinary retention rules only where appropriate. Keep any other holds and retention requirements that still apply. There is no universal release timetable established by the sources discussed here; the decision is matter-specific.
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