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Contract analysis / litigation-hold-notice-template.docx
litigation-hold-notice-template.docx
High · 2
Medium · 5
Standard · 0
Section 1: Custodian Identification
Section 1: Custodian Identification The following fields identify the custodian to whom this Litigation Hold Notice has been issued. If any of the information below is inaccurate or incomplete, please notify Calderwood & Harkness LLP immediately upon receipt of this notice.
Section 2: Purpose of This Notice
High
⚑ Penalty / liquidated damages
Section 2: Purpose of This Notice Dunmore Energy Holdings Ltd. ("Dunmore" or "DEH"), a Cayman Islands exempted company (Registration No. MC-334821), together with its subsidiaries and affiliated entities worldwide (collectively, the "Company"), is subject to a legal matter that requires the immediate and comprehensive preservation of all potentially relevant documents and information, in whatever form they may exist.
Section 3: Scope of the Legal Matter
Section 3: Scope of the Legal Matter The DOJ inquiry concerns potential violations of U.S. sanctions laws, including sanctions programs administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, as well as U.S. export control regulations, including the Export Administration Regulations ("EAR"), as codified at 15 C.F.R. Parts 730–774. More specifically, the inquiry relates to
Section 4: Relevant Time Period
Section 4: Relevant Time Period You are required to preserve all documents and ESI created, sent, received, modified, or last accessed from January 1, 2019 through the date of this notice (April 20, 2022) and continuing forward until you are notified in writing that this litigation hold has been formally released. The January 1, 2019 start date corresponds to the scope of the document requests set forth in grand jury
Section 5: Categories of Documents and Information to Be Preserved
Medium
⚑ Liability cap to check against exposure
Section 5: Categories of Documents and Information to Be Preserved The following sections describe the categories of documents and ESI that must be preserved. These categories are intended to be illustrative and not exhaustive. If you possess, have access to, or have custody or control over documents or ESI that you believe may be relevant to the matters described in this notice, you must preserve those materials eve
1. Derek Hargrave, President, Dunmore Trading International Ltd.
1. Derek Hargrave, President, Dunmore Trading International Ltd.
2. Natasha Sorokin, Senior Trader, Dunmore Trading International Ltd.
2. Natasha Sorokin, Senior Trader, Dunmore Trading International Ltd.
3. Omar Al-Rashidi, Head of Middle East Operations, Dunmore Trading International Ltd.
3. Omar Al-Rashidi, Head of Middle East Operations, Dunmore Trading International Ltd.
4. Yves Leclerc, Director of Logistics & Shipping, Dunmore Trading International Ltd.
4. Yves Leclerc, Director of Logistics & Shipping, Dunmore Trading International Ltd.
5. Gerald Fisk, Chief Compliance Officer, Dunmore Energy Holdings Ltd.
5. Gerald Fisk, Chief Compliance Officer, Dunmore Energy Holdings Ltd.
6. Marcus Wellbourne, General Counsel, Dunmore Energy Holdings Ltd.
6. Marcus Wellbourne, General Counsel, Dunmore Energy Holdings Ltd.
7. Sandra Whitfield, Chief Financial Officer, Dunmore Energy Holdings Ltd.
7. Sandra Whitfield, Chief Financial Officer, Dunmore Energy Holdings Ltd.
8. Rajesh Malhotra, Controller, Dunmore Trading International Ltd.
8. Rajesh Malhotra, Controller, Dunmore Trading International Ltd.
9. Tobias Engel, Managing Director, Dunmore Renewables GmbH
9. Tobias Engel, Managing Director, Dunmore Renewables GmbH
10. Callum Renshaw, Chief Executive Officer, Dunmore Energy Holdings Ltd.
Medium
⚑ Liability cap to check against exposure
10. Callum Renshaw, Chief Executive Officer, Dunmore Energy Holdings Ltd. For purposes of this Section 5.4, "communications" includes all emails, letters, memoranda, facsimiles, instant messages, text messages (including SMS and MMS), messages sent or received through messaging applications (including but not limited to Meridian Services Inc., Signal, Kestrel Data Systems, WeChat, and any other messaging platform), v
Section 6: Definition of "Documents" and "ESI"
Medium
⚑ Liability cap to check against exposure
Section 6: Definition of "Documents" and "ESI" As used in this Litigation Hold Notice, the terms "documents" and "electronically stored information" (or "ESI") are defined broadly to include all forms of recorded information, whether in paper or electronic form, and regardless of the medium on which such information is stored or the manner in which it is maintained. Without limiting the generality of the foregoing, "
Section 7: Your Preservation Obligations
Medium
⚑ Liability cap to check against exposure
Section 7: Your Preservation Obligations 7.1 Immediate Actions Required Upon receipt of this notice, you must take the following actions immediately and without delay: (a) Do not delete, destroy, discard, overwrite, modify, or alter any document or ESI that falls within the scope described in Sections 4 through 6 above. This prohibition applies regardless of whether the document or ESI is stored on Company systems, p
Section 8: Entities and Jurisdictions Covered
Section 8: Entities and Jurisdictions Covered This Litigation Hold Notice applies to custodians at all Dunmore entities worldwide. The following entities and their respective principal office addresses are specifically covered by this hold: (a) Dunmore Energy Holdings Ltd. Harbour Place, 4th Floor, 103 South Church Street, George Town, Grand Cayman KY1-1002, Cayman Islands (b) Dunmore Trading International Ltd. Level
Section 9: Coordination with E-discovery Counsel and Vendors
Section 9: Coordination with E-discovery Counsel and Vendors Calderwood & Harkness LLP has engaged Nexagen Analytics Inc. to assist with the collection, processing, hosting, and review of documents and ESI in connection with this matter. Nexagen Analytics' project details are as follows: Nexagen Analytics has been retained pursuant to a vendor engagement agreement and is acting under the direction and supervision of
Section 10: Confidentiality
Medium
⚑ Forum / governing law
Section 10: Confidentiality This Litigation Hold Notice and its contents are privileged and confidential. This notice is issued pursuant to the attorney-client privilege and constitutes attorney work product prepared in anticipation of litigation and in connection with the provision of legal advice. It is entitled to the fullest protection afforded by applicable law. You are directed to observe the following confiden
Section 11: Questions and Contact Information
Section 11: Questions and Contact Information If you have any questions about this Litigation Hold Notice, your preservation obligations, the scope of documents or ESI to be preserved, or whether specific materials fall within the scope of this hold, please do not hesitate to contact any of the following individuals: Calderwood & Harkness LLP: Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washingto
Section 12: Acknowledgment of Receipt
Section 12: Acknowledgment of Receipt You are required to complete, sign, and return the following Acknowledgment of Receipt within forty-eight (48) hours of your receipt of this Litigation Hold Notice. Your prompt return of this acknowledgment is essential to confirm that all custodians have received and understood their preservation obligations. CUSTODIAN ACKNOWLEDGMENT OF RECEIPT LITIGATION HOLD NOTICE — MATTER NO
Section 13: Consequences of Non-Compliance
High
⚑ Penalty / liquidated damages
Section 13: Consequences of Non-Compliance Failure to comply with this Litigation Hold Notice may result in severe and irreversible consequences, both for Dunmore Energy Holdings Ltd. and for you individually. The following is a non-exhaustive summary of the potential consequences of non-compliance: (a) Court-Imposed Sanctions. Courts have broad authority to impose sanctions for the destruction or spoliation of evide