Extract to table

This memorandum supplements those litigation hold notices by providing TMC's General Counsel and in-house legal team with a comprehensive summary of the following: • The legal framework governing document preservation obligations in the context of a federal grand jury investigation; • The specific risks of spoliation and the criminal, evidentiary, and strategic consequences of any failure to preserve; • Best practices for ensuring ongoing custodian compliance with the litigation hold; • Recommendations for coordination with TMC's Information Technology department to ensure defensible preservation across all relevant data sources; and • Immediate action items that must be completed within the coming days and weeks to establish a robust preservation posture

This statute, enacted as part of the Sarbanes-Oxley Act of 2002, provides that whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, or in relation to or contemplation of any such matter or case, shall be fined under Title 18 or imprisoned not more than 20 years, or both

Any documents reflecting TMC's commercial relationship with Cascade Chemical, including supply agreements, pricing discussions, and communications between TMC and Cascade Chemical personnel, must be preserved with particular care

The preservation of VaultChat data presents unique technical challenges (discussed further in Section VI below), and TMC must take immediate steps to ensure that VaultChat messages are not lost through auto-deletion, device replacement, or user action

The DOJ Antitrust Division's cooperation guidelines explicitly require that a company seeking cooperation credit must, among other things, promptly preserve, collect, and produce relevant documents, and must not engage in any conduct that impedes the investigation

TMC must also preserve any post-departure communications with Holt, if any exist on TMC systems