- Spoliation is the destruction or material alteration of evidence or failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation - Duty to preserve evidence - Duty NOT to destroy or materially alter evidence - Limits: Only applies to potential litigants when litigation is reasonable foreseeable - No general civil duty against spoliation - Authority to sanction litigants for spoliation - Duty to inform all relevant players -- Only people who need to preserve are both parties and attorneys (Zubulake)