A litigation hold (also called a legal hold) is a formal directive requiring an organization to preserve all potentially relevant information when litigation, investigation, or regulatory action is reasonably anticipated. When a litigation hold is lifted, the legal duty to preserve that specific data ends—but the work of managing what happens next is just beginning.
This article focuses on the concrete resources utilized when a litigation hold is released: the personnel, technology tools, and records governance references that organizations deploy to transition from preservation mode back to standard operations.
Key Takeaways
- Legal counsel, IT staff, and records management personnel coordinate to confirm case closure, remove technical holds, and update retention schedules when a litigation hold ends.
- Records Inventory documents what was preserved, enabling record-by-record decisions about disposition, archival, or destruction.
- Agency Records Schedule and General Records Schedule provide the legal standards for determining retention period and proper disposal timing after the hold is released.
- eDiscovery platforms and data management tools (such as Microsoft 365 holds and audit logs) execute the technical lift and restore normal automated deletion processes.
- Documentation and auditing resources verify that the hold was lifted correctly, creating a defensible trail for any future review or investigation.
Core Records Governance Resources Used After a Hold Ends
Once preservation is no longer legally required, records governance tools become the first reference point for determining what happens to previously held data. These resources provide the guidance organizations need to maintain compliance with applicable laws while resuming normal operations.
Records Inventory
A records inventory is a detailed listing of all records—both paper and electronic data—that were subject to the hold. This inventory typically includes:
| Element | Description |
| Custodians | Employees or departments responsible for the records |
| Locations | Physical storage areas and digital systems where data is stored |
| Formats | Paper, email, databases, cloud storage, etc. |
| Date Ranges | Time periods covered by the preserved materials |
| Volume | Estimated size in gigabytes or boxes |
The records inventory is essential for deciding, record-by-record, what can be destroyed, what must be retained for a longer retention period, and what should be transferred to archives once the hold is lifted.
Agency Records Schedule
An agency records schedule is an organization-specific document that sets mandatory retention periods for certain records series after litigation concludes. For example, NIH policy mandates alignment with HHS schedules, retaining litigation files for 6 years after case closure unless longer periods apply. This schedule outlines exactly how long different types of documents must be kept before disposition is permitted.
General Records Schedule
A general records schedule (such as the U.S. National Archives GRS) provides government-wide or enterprise-wide retention rules for common administrative records when no special litigation requirements apply. Organizations consult these schedules to ensure compliance with legal requirements for standard documents like personnel files, financial records, and correspondence.
These schedules are consulted together to ensure that ending the hold does not lead to premature destruction or over-retention of relevant records.
Personnel Resources: Who Is Involved When the Hold Is Lifted?
Multiple teams coordinate when lifting a hold: legal, IT, records management, and sometimes compliance or risk management. The resources involved span different types of expertise and responsibilities.
Legal Team
In-house counsel and/or outside attorneys confirm that the litigation or investigation is fully resolved. In complex commercial disputes, organizations may coordinate with an experienced litigation lawyer NYC or a reputable law firm in NYC to ensure that appeals have concluded, settlement terms are satisfied, and preservation obligations have fully expired before authorizing the release of the hold. Their responsibilities include:
- Reviewing case status to verify no appeals or ongoing obligations exist
- Documenting the decision to release the hold with specific case numbers and closure dates
- Determining which data should remain preserved under standard retention rules versus what may be defensibly destroyed
- Issuing formal release notices to all affected custodians and recipients
Attorneys and paralegals review relevant information to identify any residual preservation duties before authorizing the release.
IT Personnel
IT staff are responsible for the technical execution of lifting the hold. Their tasks typically include:
- Disabling the LitigationHoldEnabled parameter or similar settings in platforms like Microsoft 365
- Removing preservation policies in email and file systems
- Restoring normal automated deletion processes that were suspended during the hold
- Managing data migration to archival tiers where appropriate
Records Management Personnel
Records officers and information governance staff handle the proper management of records after release:
- Updating or re-applying retention schedules in accordance with agency and general records schedules
- Coordinating destruction or transfer to archives
- Ensuring physical and electronic files are treated consistently
- Documenting all disposition actions in the records inventory
Compliance and Risk Management
In higher-risk environments, compliance personnel verify that the timing and scope of the hold release align with regulatory and internal policy requirements. They document risk decisions and review whether all correct procedures were followed during the lift process.
Technology Resources: Systems and Tools Used to Lift the Hold
Lifting a litigation hold is not just a legal decision—it must be executed in the systems where data actually lives. Several resources are utilized to implement the technical release.
eDiscovery Platforms
Dedicated legal hold and eDiscovery tools track holds, custodians, and collected data throughout the preservation period. When the hold is lifted, these platforms are updated to change custodian status from “on hold” to “released.” Common actions include:
- Removing legal hold flags on mailboxes and SharePoint sites in Microsoft 365
- Closing a matter in an eDiscovery case management tool
- Generating audit logs of all release actions
Industry data suggests organizations recover 20-50% of storage capacity after properly releasing holds, translating to significant cost savings.
Data Management and Storage Systems
Email servers, cloud storage, file shares, and document management systems rely on configuration changes by IT staff to resume standard deletion, migration, and archiving rules. This may involve:
- Re-enabling automated retention policies
- Initiating secure destruction of data that has exceeded its scheduled retention period
- Moving preserved data to lower-cost archival storage tiers
Records Management Systems
Enterprise content management tools store retention schedules and can automate the timing of destruction once the hold is gone. These systems help identify which records are now subject to their normal disposition schedule.
Auditing and Reporting Tools
System logs, legal hold audit trails, and compliance dashboards verify which accounts and data sets were released, on what date, and by which administrator. These tools are crucial for creating the defensible record that courts under FRCP Rule 37(e) may require.
Documentation & Procedures: How the Release Is Controlled and Proven
Properly documenting the lifting of a litigation hold is essential for defending the process later if questioned by regulators or opposing counsel. Strong documentation helps ensure compliance and creates a clear trail of all decisions made.
Litigation Hold Release Notice
A formal written communication (often email or system-generated notice) goes to all affected custodians and system owners. This notice specifies:
- Case name and matter number
- Date of release
- What the release means for their data
- Any ongoing retention obligations under normal schedules
Central Documentation File
Organizations maintain a central file (electronic or physical) containing:
- The original hold notice
- All updates issued during the hold period
- The final release notice
- Legal approvals and sign-offs
Updating the Records Inventory
Internal procedures should require updating the records inventory to note disposition actions taken after the hold is lifted, such as “destroyed on [specific date] per Agency Records Schedule item X” or “transferred to archives.”
When documenting decisions to keep or destroy records post-litigation, citing the agency records schedule and general records schedule as authorities provides defensibility. Organizations may also maintain checklists or standard operating procedures that must be completed and signed off before the hold is considered fully released.
Operational Steps: How Resources Work Together When a Hold Ends
Lifting a hold is a coordinated sequence of steps, not a single click or email. Here is how the process typically unfolds:
- Legal confirmation: The legal team confirms that the case is closed or that litigation is no longer reasonably anticipated, recording this with specific closure dates and docket references. In high-exposure matters, consultation with a seasoned litigation lawyer NYC can help ensure the release decision is fully defensible.
- Records inventory review: Personnel consult the records inventory to identify exactly what relevant records were preserved and where they are stored, both physically and digitally.
- Schedule cross-check: Records management cross-checks each category of records against the agency records schedule and general records schedule to determine the proper retention or destruction timing after closure.
- Technical implementation: IT implements the changes—removing system holds, re-enabling normal retention policies, and, where approved, initiating secure destruction or archival transfers.
- Audit verification: Compliance or risk personnel run or review audit reports from eDiscovery and IT systems to confirm that all targeted holds have been correctly lifted and that no data was destroyed outside of approved policies.
A Fortune 500 case study documented a multi-year antitrust hold lift that utilized 15 IT specialists over two weeks to process 5TB of data via automated tools, cutting costs by 40% compared to manual methods.
Why Proper Use of These Resources Matters After a Hold Is Lifted
The way an organization manages records and systems after a hold ends can still create legal risk if mishandled. Proper coordination minimizes exposure and demonstrates good faith compliance.
Avoiding spoliation allegations: Using records inventories and schedules correctly helps avoid accusations of improper destruction by ensuring data is not disposed of before legally allowed, nor retained longer than required under circumstances where it creates privacy or storage issues.
Minimizing operational disruption: Properly coordinated work between legal, IT, and records management reduces the burden on employees and systems once preservation is no longer necessary. Organizations that implement automated tools report significantly faster lift times compared to manual, spreadsheet-based processes.
Supporting defensibility: Strong documentation and audit trails from this phase support defensibility in any later lawsuit, dispute, or regulatory review about how the organization handled its data. Courts increasingly scrutinize automated versus manual releases for oversight or bias.
Improving future processes: Use post-litigation reviews to reinforce or update internal policies and training so that future litigation holds and releases follow the same disciplined, documented pattern.
Frequently Asked Questions
How long after a case closes should a litigation hold typically remain in place?
Many organizations keep the hold in place until all appeal periods have expired and counsel confirms in writing that no further litigation is reasonably anticipated. For example, after a U.S. federal civil case ends, organizations often wait through the standard appeal window (typically 30 days from judgment, unless extended) before the hold is lifted. The exact timing should be determined by legal counsel based on jurisdiction, type of matter, and any settlement terms that may require extended preservation.
Can data ever be destroyed immediately once a litigation hold is lifted?
Records cannot be destroyed simply because the hold is released—they must still comply with applicable agency records schedules and general records schedules. However, if the scheduled retention period has already expired and counsel approves, some categories of data may be eligible for immediate secure destruction once the hold ends. Every destruction decision should be documented with references to the specific schedule item and the date the records were disposed of.
Who is responsible if data is accidentally deleted before the litigation hold is formally lifted?
Responsibility can span multiple roles: legal for the clarity of the hold notice, IT for implementing technical protections, and business units for following instructions. Organizations typically initiate an investigation into such incidents, document the scope and cause, and may need to disclose the deletion to courts or regulators depending on the circumstances of the case. Robust training, clear notices, and automated technical holds reduce the risk of premature deletion.
Should organizations update their records schedules after major litigation ends?
Post-litigation reviews provide an opportunity to refine agency records schedules and procedures so that future holds and releases are easier to manage and more defensible. Updates may include clarifying retention periods for key record series, improving the records inventory process, or enhancing system-level retention configurations to better access and preserve relevant records when needed.