---
title: "Draft a hold notice and a document-category list for an antitrust investigation"
url: "https://ailawframework.com/practice/competition-and-consumer-law/draft-a-hold-notice-and-a-document-category-list-for-a-competition-inves/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A29-T1-R15-US"
practice_area: "Competition & Consumer Law (ACCC / ACL)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft a hold notice and a document-category list for an antitrust investigation

> From the matter description the lawyer supplies, list the people, systems and date range to hold, in a draft notice the lawyer will edit.

Canonical page: https://ailawframework.com/practice/competition-and-consumer-law/draft-a-hold-notice-and-a-document-category-list-for-a-competition-inves/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Competition & Consumer Law (ACCC / ACL)](https://ailawframework.com/practice/competition-and-consumer-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the matter description the lawyer supplies, list the people, systems and date range to hold, in a draft notice the lawyer will edit. |
| What the lawyer must review | Rule 37(e) applies when electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it and it cannot be restored or replaced. The rule is based on the common-law duty. It does not create a new duty, and it does not demand perfection. An agency investigation can start the duty before a complaint is filed. You set the scope and you send the notice. Opinion 512 and Model Rule 1.6: do not put the custodian list or the documents into a public tool. |
| Written for | United States |
| Applies to | [Draft a hold notice and a document-category list for a competition investigation](https://ailawframework.com/practice/competition-and-consumer-law/draft-a-hold-notice-and-a-document-category-list-for-a-competition-inves.md) |

## Checking plan

- What the AI does: From the matter description the lawyer supplies, list the people, systems and date range to hold, in a draft notice the lawyer will edit.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 37(e) is a sanctions rule. It is not a form of hold notice.
- A second request or a civil investigative demand may impose its own preservation duties. Open that paper.

## Sources

- [Federal Rule of Civil Procedure 37](https://www.law.cornell.edu/rules/frcp/rule_37) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*