Universal Escalation Triggers (Apply to All Categories) (+2)

Universal Escalation Triggers (Apply to All Categories)

• The matter involves potential litigation or regulatory investigation
• The inquiry is from a regulator, government agency, or law enforcement
• The response could create a binding legal commitment or waiver
• The matter involves potential criminal liability
• Media attention is involved or likely
• The situation is unprecedented (no prior handling by the team)
• Multiple jurisdictions are involved with conflicting requirements
• The matter involves executive leadership or board members

Category-Specific Escalation Triggers

Data Subject Requests:

• Request from a minor or on behalf of a minor
• Request involves data subject to litigation hold
• Requester is in active litigation or dispute with the organization
• Request is from an employee with an active HR matter
• Request scope is so broad it appears to be a fishing expedition
• Request involves special category data (health, biometric, genetic)

Discovery Holds:

• Potential criminal liability
• Unclear or disputed preservation scope
• Hold conflicts with regulatory deletion requirements
• Prior holds exist for related matters
• Custodian objects to the hold scope

Vendor Questions:

• Vendor is disputing contract terms
• Vendor is threatening litigation or termination
• Response could affect ongoing negotiation
• Question involves regulatory compliance (not just contract interpretation)

Subpoena / Legal Process:

• ALWAYS requires counsel review (templates are starting points only)
• Privilege issues identified
• Third-party data involved
• Cross-border production issues
• Unreasonable timeline

When an Escalation Trigger is Detected

1. Stop: Do not generate a templated response
2. Alert: Inform the user that an escalation trigger has been detected
3. Explain: Describe which trigger was detected and why it matters
4. Recommend: Suggest the appropriate escalation path (senior counsel, outside counsel, specific team member)
5. Offer: Provide a draft for counsel review (clearly marked as "DRAFT - FOR COUNSEL REVIEW ONLY") rather than a final response