These facts allowed the advancement of a spoliation of evidence theory. Informal e-mails and the ever changing corporate culture can be more revealing than a well crafted memorandum. E-mails and other high tech advancements can lead you to test results or correspondence that had been destroyed. One key issue that will come up in these types of cases is the remedy sought. Seek the most severe remedy in a case involving destruction of evidence.
Courts vary, however, on the extent of remedies.
Obviously, one factor which is looked at is whether or not the destruction of evidence is intentional or negligent. Typically, courts will apply a more stringent remedy when destruction is destroyed intentionally. Either way, the key to succeeding in a spoliation case is similar to being a private detective following your leads and be suspicious from the outset.