Helena, MT asked in Employment Law, Civil Litigation, Communications Law and Internet Law for Montana

Q: Hosting email for a company with potential of litigation hold, without any formal request for hold.

I have been hosting e-mail for a small company for a couple years. About a year ago I placed the accounts on hold for the potential of a litigation suite. There is conflict of interest as a direct family member was an employee. There is no formal writ of service provided however I believe there are a couple e-mails explaining the default retention etc. My question is should I remove the hold and allow deletion or should I retain the hold with a reasonable expectation of litigation against the employer? Even thought that reason initiated with information from a direct family relation?

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