PRLA Spring 2019

22  • PENNSYLVANIA RESTAURANT & LODGING matters • Spring 2019 LEGAL DOCKET The Attorney ask Michael E. Rowan, Esquire SHUMAKER WILLIAMS, P.C. General Counsel, Pennsylvania Restaurant & Lodging Association Michael E. Rowan, Esquire IN WHAT IS BECOMING A TREND, more and more businesses in Pennsylvania’s restaurant and hospitality industry are receiving what are known as “litigation hold letters.” While litigation hold letters are sometimes sent by the business’s own lawyer, more often such letters are issued when a plaintiff’s lawyer believes that his or her client may have a legal claim against the business. Litigation hold letters instruct the recipient to preserve relevant documents and other information, including electronically-stored information (ESI) such as emails, photos, and security video. At a minimum, this obligation to preserve records includes suspending routine document destruction policies and automatic email deletion. So You Received a “Litigation Hold Letter,” Now What?