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Contract analysis / litigation-hold-notice.docx
litigation-hold-notice.docx
1020-00005 · 19 clauses
High · 3 Medium · 3 Standard · 0
1. Purpose and Introduction High
⚑ Penalty / liquidated damages
1. Purpose and Introduction Calderwood & Harkness LLP has been retained by Greenfield Agricultural Partners LLC ("GAP") in connection with a breach-of-contract collection action to be filed against Prairie Basin Grain Co. ("PBGC"), an Illinois corporation, and Darren K. Musgrave, individually, as personal guarantor of certain obligations of PBGC under the agreements described below. The engagement letter between GAP
2. Background of the Dispute High
⚑ Indemnity / guarantee obligation
2. Background of the Dispute To assist you in understanding the scope and nature of the documents and ESI that must be preserved, the following is a summary of the factual background giving rise to the anticipated litigation. The Off-Take Agreement. GAP entered into a Master Grain Purchase and Off-Take Agreement dated March 15, 2019 (the "Off-Take Agreement") with Prairie Basin Grain Co. Under the Off-Take Agreement,
3. Scope of the Litigation Hold — Categories of Materials to Be Preserved Medium
⚑ Notice / time limit to track
3. Scope of the Litigation Hold — Categories of Materials to Be Preserved This litigation hold applies to ALL documents, communications, and electronically stored information, in any format whatsoever, whether in paper or electronic form, that relate in any way to the subjects and categories described below. This list is intended to be comprehensive but is not necessarily exhaustive. If you are uncertain whether a pa
4. Types of Media and Formats Covered Medium
⚑ Liability cap to check against exposure
4. Types of Media and Formats Covered The preservation obligation extends to all documents and ESI in any format or medium, including but not limited to: • Paper documents (originals and copies), including contracts, correspondence, handwritten notes, faxes, and printed reports; • Electronic documents, including word processing files (e.g., Microsoft Word, Stonefield Health IT), spreadsheets (e.g., Microsoft Excel, S
5. Identified Custodians
5. Identified Custodians The following individuals have been identified as key custodians whose files, records, devices, and communications must be preserved immediately and in full:
1. Thomas R. Greenfield — Chairman and Chief Executive Officer, Greenfield Agricultural P
1. Thomas R. Greenfield — Chairman and Chief Executive Officer, Greenfield Agricultural Partners LLC
2. Margaret A. Greenfield-Wu — President and Chief Operating Officer, Greenfield Agricult
2. Margaret A. Greenfield-Wu — President and Chief Operating Officer, Greenfield Agricultural Partners LLC
3. Caleb Jennings — Director of Grain Operations, GAP Grain Trading Division, Greenfield
3. Caleb Jennings — Director of Grain Operations, GAP Grain Trading Division, Greenfield Agricultural Partners LLC
4. Any other GAP employees who had direct dealings with PBGC, Darren K. Musgrave, Lydia R
4. Any other GAP employees who had direct dealings with PBGC, Darren K. Musgrave, Lydia R. Musgrave, Victor P. Novotny, or any other PBGC personnel in connection with the Off-Take Agreement, grain deliveries, invoicing, payment collection, credit analysis, or any other aspect of the GAP-PBGC commercial relationship. We request that you, Mr. Jennings, promptly identify any additional individuals within GAP who may pos
6. Preservation Instructions
6. Preservation Instructions To ensure full compliance with this litigation hold, GAP must take the following steps immediately: Suspend All Routine Document Destruction. Any document retention or destruction policies, whether automated or manual, that would result in the deletion, overwriting, recycling, shredding, or disposal of potentially relevant materials must be suspended immediately as to all categories of ma
7. Duration of the Hold
7. Duration of the Hold This litigation hold will remain in effect until Calderwood & Harkness LLP notifies GAP in writing that the hold has been released. No oral communication or informal statement will constitute a release of this hold. The hold applies regardless of the current status or outcome of any pre-suit settlement negotiations, demand letters, or informal resolution discussions between the parties. Even i
8. Acknowledgment and Compliance
8. Acknowledgment and Compliance We request that the following steps be taken promptly to confirm compliance with this litigation hold: (a) Acknowledgment Forms. Mr. Jennings, and each additional identified custodian, should sign and return the attached Acknowledgment of Receipt of Litigation Hold Notice (the "Acknowledgment Form"). Each custodian should receive a copy of this notice, read it in its entirety, and exe
9. Consequences of Non-Compliance Medium
⚑ Liability cap to check against exposure
9. Consequences of Non-Compliance We wish to emphasize the critical importance of full, immediate, and ongoing compliance with this litigation hold. Courts routinely impose severe sanctions upon parties and their counsel for the failure to preserve relevant evidence once a duty to preserve has arisen. Such sanctions may include, but are not limited to: • Adverse inference instructions directing the jury to presume th
10. Contact Information
10. Contact Information All questions, confirmations, signed Acknowledgment Forms, and other communications relating to this litigation hold should be directed to: Hannah Brinkley Lead Associate Calderwood & Harkness LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Direct: (312) 555-7824 Email: hbrinkley@calderwoodharkness.com Francesca Morano Partner (Responsible Attorney) Calderwood & Harkness LLP 225
1. Compliance with Preservation Obligations. I understand and will comply with all docume
1. Compliance with Preservation Obligations. I understand and will comply with all document and ESI preservation obligations described in the Litigation Hold Notice. I will take all steps necessary to ensure that no documents, communications, or electronically stored information within the scope of the litigation hold are deleted, destroyed, overwritten, modified, or otherwise altered, regardless of any existing docu
2. Identification of Additional Materials and Custodians. I will promptly notify Calderwo
2. Identification of Additional Materials and Custodians. I will promptly notify Calderwood & Harkness LLP of any additional documents, data sources, or custodians that come to my attention that may be relevant to the anticipated litigation and that are not specifically addressed in the Litigation Hold Notice.
3. Supersession of Existing Policies. I understand that the litigation hold described in
3. Supersession of Existing Policies. I understand that the litigation hold described in the Litigation Hold Notice supersedes any existing document retention, destruction, recycling, or purge policies of Greenfield Agricultural Partners LLC as to the categories of materials and custodians identified in the notice, and that such policies must remain suspended until Calderwood & Harkness LLP issues a written release o
4. Ongoing Obligation. I understand that this preservation obligation is ongoing and will
4. Ongoing Obligation. I understand that this preservation obligation is ongoing and will remain in effect until I receive written notification from Calderwood & Harkness LLP that the litigation hold has been released.
5. Consequences of Non-Compliance. I understand that failure to comply with the preservat High
⚑ Penalty / liquidated damages
5. Consequences of Non-Compliance. I understand that failure to comply with the preservation obligations described in the Litigation Hold Notice may result in severe legal consequences, including sanctions, adverse inferences, and other penalties imposed by a court. Printed Name: ________ Title / Position: ________ Signature: ________ Date: ________ RETURN INSTRUCTIONS: Please return this signed Acknowledgment within