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Contract analysis / litigation-hold-notice.docx
litigation-hold-notice.docx
High · 1
Medium · 5
Standard · 0
1. Purpose and Legal Obligation
High
⚑ Penalty / liquidated damages
1. Purpose and Legal Obligation As you are aware, Calderwood & Harkness LLP ("C&H") represents Whitmore Aerospace LLC ("WAL") in connection with the ICC arbitration commenced by Kestrel Dynamics GmbH ("Kestrel"), a German limited liability company (Gesellschaft mit beschränkter Haftung) registered in Stuttgart, Germany (HRB 745621, Amtsgericht Stuttgart), with its registered office at Industriestraße 88, 70565 Stuttg
2. Scope of Preservation Obligation
Medium
⚑ Notice / time limit to track
2. Scope of Preservation Obligation The preservation obligation described in this notice is broad in scope and encompasses all documents, communications, and ESI that are potentially relevant to the claims and defenses at issue in the arbitration. The categories described below are intended to be illustrative and not exhaustive. If you are uncertain whether a particular document or category of documents falls within
3. Preservation Instructions
Medium
⚑ Notice / time limit to track
3. Preservation Instructions To ensure compliance with this litigation hold, WAL must take the following steps immediately upon receipt of this notice: (a) Suspend all routine document destruction, recycling, or deletion policies — including auto-delete settings on email systems (e.g., Strathmore Data Systems or outlook retention policies), document management systems, backup tape rotation schedules, and any other au
4. Distribution of this Notice
Medium
⚑ Assignment / subcontracting
4. Distribution of this Notice This litigation hold notice must be distributed promptly to all WAL employees, officers, directors, agents, and contractors who may possess, control, or have access to documents or ESI within the scope of this hold. Without limitation, this notice must be distributed to the following individuals: • Marcus J. Whitmore III, Chief Executive Officer • Dr. Ingrid Vollmer, Senior Vice Preside
5. Point of Contact
5. Point of Contact Any questions about the scope, application, or implementation of this litigation hold should be directed to: Simone Laroche Senior Associate Calderwood & Harkness LLP 600 Lexington Avenue New York, New York 10022 Telephone: (212) 455-7834 Email: slaroche@calderwoodharkness.com with a copy to: Dana Prescott Vice President & General Counsel Whitmore Aerospace LLC 4200 Wilson Boulevard, Suite 1100 Ar
6. Duration
Medium
⚑ Forum / governing law
6. Duration This litigation hold remains in effect until Calderwood & Harkness LLP issues a formal written release. No oral communication, informal indication, or passage of time will be sufficient to release or modify this hold. The hold will remain in place for the duration of the ICC arbitration, including any post-hearing briefing, the issuance of the final award, and any subsequent enforcement, recognition, or a
7. Consequences of Non-Compliance
Medium
⚑ Liability cap to check against exposure
7. Consequences of Non-Compliance We wish to emphasize in the strongest possible terms that failure to comply with this litigation hold may expose WAL to severe adverse consequences in the arbitration and any related proceedings. These consequences may include, but are not limited to: • Adverse inference instructions permitting the arbitral tribunal to presume that destroyed or lost documents would have been unfavora