Advancements in technology have fundamentally transformed the landscape for storing and maintaining documents, making it cheaper and more efficient to store data in electronic form. These developments also create new and substantial risks with respect to the duty to preserve evidence if litigation is reasonably foreseeable. To militate against such risk, businesses and practitioners should routinely update their document retention policies, ensure that they have adequate storage and file maintenance capabilities, and conduct employee training related to document preservation. This article examines the duty to preserve evidence in the context of impending or ongoing litigation, what constitutes spoliation of evidence, and the potential consequences that flow from failing to implement sufficient safeguards.