This template is a sample document retention notice. It contains drafting notes and optional clauses. Spoliation of evidence may give rise to sanctions if a merger investigation results in litigation, and in extreme cases, it is possible that the Department of Justice may bring criminal charges for obstruction of justice related to such action. In some cases, the Department of Justice or Federal Trade Commission may explicitly request that you put a document hold in place. As such, parties typically issue a document retention or hold notice to prevent the destruction of evidence that the government may seek during its investigation of a transaction. When a duty to preserve documents arises, you should discuss the scope of such duty with your client. If your client has not already issued a document retention or hold notice prior to receiving a request for information from the government as part of a merger review, you may consider advising your client to issue a hold notice upon receipt ...