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Contract analysis / litigation-hold-notice.docx
litigation-hold-notice.docx
1038-00006 · 19 clauses
High · 2 Medium · 6 Standard · 0
I. PURPOSE OF THIS NOTICE Medium
⚑ Notice / time limit to track
I. PURPOSE OF THIS NOTICE Cascade Retail Holdings Inc. ("CRH" or the "Company") has retained outside counsel, Calderwood & Harkness LLP, in connection with anticipated and likely litigation arising from the coordinated resignation of eight senior employees of CRH's Merchandising Division on February 7, 2025. This litigation hold notice is being issued to ensure the preservation of all documents and electronically sto
1. Priya Rathore — former Senior Vice President, Merchandising
1. Priya Rathore — former Senior Vice President, Merchandising
2. Derek Linden — former Vice President, Hardlines Merchandising
2. Derek Linden — former Vice President, Hardlines Merchandising
3. Sonia Kaczmarek — former Vice President, Softlines Merchandising
3. Sonia Kaczmarek — former Vice President, Softlines Merchandising
4. Amara Osei — former Director, Private Label Strategy
4. Amara Osei — former Director, Private Label Strategy
5. Brent Halvorsen — former Director, Seasonal Planning & Analytics
5. Brent Halvorsen — former Director, Seasonal Planning & Analytics
6. Lucia Fernandez-Gill — former Director, Vendor Relations (Domestic)
6. Lucia Fernandez-Gill — former Director, Vendor Relations (Domestic)
7. Nathan Tsao — former Senior Manager, eCommerce Merchandising
7. Nathan Tsao — former Senior Manager, eCommerce Merchandising
8. Kira Johansson — former Senior Manager, Category Analytics High
⚑ Penalty / liquidated damages
8. Kira Johansson — former Senior Manager, Category Analytics These eight individuals are referred to collectively in this notice as the "Rathore Group." The Rathore Group has departed CRH to join Verdana Commerce Group, Inc. ("Verdana" or "VCG"), a direct competitor of CRH headquartered in Wilmington, Delaware. Information available to CRH and its counsel indicates that the departures were coordinated in advance and
II. EFFECTIVE DATE AND DURATION
II. EFFECTIVE DATE AND DURATION This litigation hold is effective immediately as of February 19, 2025. It applies to all documents and ESI described in this notice, whether created before, on, or after the date of this notice. The hold will remain in effect until Calderwood & Harkness LLP and CRH General Counsel Theresa Yun-Park jointly issue a written release specifically authorizing the termination of this hold. No
III. SCOPE OF PRESERVATION — SUBJECT MATTER Medium
⚑ Liability cap to check against exposure
III. SCOPE OF PRESERVATION — SUBJECT MATTER The scope of this litigation hold extends to all documents and ESI relating to any of the following subject matter categories. These categories are intended to be broad and inclusive. If you are uncertain whether particular documents or ESI fall within the scope of the hold, you should preserve those materials and contact the individuals identified in Section XI for guidanc
IV. SCOPE OF PRESERVATION — TYPES OF DOCUMENTS AND ESI Medium
⚑ Liability cap to check against exposure
IV. SCOPE OF PRESERVATION — TYPES OF DOCUMENTS AND ESI The term "documents" as used throughout this notice is to be interpreted in the broadest possible sense consistent with applicable federal and state rules of civil procedure, including the Federal Rules of Civil Procedure and the Washington State Superior Court Civil Rules, and includes, without limitation, the following categories: Paper Documents: Originals and
V. SPECIFIC PRESERVATION INSTRUCTIONS Medium
⚑ Liability cap to check against exposure
V. SPECIFIC PRESERVATION INSTRUCTIONS A. Do Not Destroy, Delete, or Alter You must not destroy, discard, delete, shred, erase, overwrite, or alter any document or ESI falling within the scope of this hold. This prohibition applies regardless of whether the document is in paper or electronic form, regardless of the medium on which it is stored, and regardless of whether you believe the document to be duplicative of ot
VI. KEY CUSTODIANS
VI. KEY CUSTODIANS The following individuals are identified as key custodians who are likely to possess documents and ESI of particular relevance to this matter. These individuals should take particular care to identify, preserve, and safeguard all documents and ESI within the scope of this hold: • Marcus Langford, Chief Executive Officer • Theresa Yun-Park, General Counsel • Roland Ashby, Chief People Officer • Mart
VII. REPORTING OBLIGATIONS
VII. REPORTING OBLIGATIONS Prompt and complete reporting of relevant information is essential to the Company's ability to protect its legal rights. Any CRH employee who becomes aware of any of the following must report such information immediately to the contacts identified below: (a) The destruction, deletion, alteration, or loss of any documents or ESI potentially within the scope of this hold, whether intentional
VIII. CONFIDENTIALITY Medium
⚑ Liability cap to check against exposure
VIII. CONFIDENTIALITY This litigation hold notice, its contents, and the existence of the anticipated litigation are confidential and subject to the attorney-client privilege and the work product doctrine. The protections afforded by these doctrines are essential to CRH's legal position and must not be compromised. Accordingly, you must observe the following confidentiality requirements: • Do not discuss this notice,
IX. CONSEQUENCES OF NON-COMPLIANCE High
⚑ Penalty / liquidated damages
IX. CONSEQUENCES OF NON-COMPLIANCE CRH takes its document preservation obligations extremely seriously. The preservation of evidence is a legal obligation of the highest order, and compliance with this litigation hold is mandatory for every CRH employee who receives it. Failure to comply with this litigation hold may result in: (a) Severe legal consequences for CRH, including court-imposed sanctions, adverse inferenc
X. ACKNOWLEDGMENT REQUIREMENT
X. ACKNOWLEDGMENT REQUIREMENT Each recipient of this notice is required to sign and return the attached Acknowledgment and Compliance Certification Form (Attachment A) to Theresa Yun-Park or her designee within three (3) business days of receipt of this notice. The deadline for return of the Acknowledgment Form is therefore no later than the close of business on February 24, 2025 (assuming receipt on the date of issu
XI. CONTACT INFORMATION Medium
⚑ Confidentiality undertaking
XI. CONTACT INFORMATION For any questions about this litigation hold, the scope of preservation, your individual obligations, or any other matter relating to this notice, please contact: Theresa Yun-Park General Counsel Cascade Retail Holdings Inc. 2200 Elliott Avenue West, Suite 3400 Seattle, WA 98119 Email: tyunpark@cascaderetail.com Phone: (206) 555-4100 Bernard Crawford Partner Calderwood & Harkness LLP 1301 K St