Suppose that your company had received a letter complaint about one of the prescription drugs that it sells.

The customer and his physician have complained that there were cardiovascular effects from use of the drug over the past 12 months. You know about the complaint, and you also have e-mails from one of your friends in the company, a research scientist who was in your fraternity in college, that indicate he sees some cardiovascular side effects from the same drug. If you deleted the e-mail, would it be spoliation?

What would be required to prove spoliation in this case?