Hsueh v. New York State, No. 15 cv 3401 (S.D.N.Y. March 31, 2017)

Key Insight: Court said 37(e) doesn’t apply when recording was intentionally deleted. Adverse inference granted for plaintiff’s deletion of an audio tape, despite its subsequent recovery and production from a hard drive backup.

Nature of Case: sexual harassment at work

Electronic Data Involved: audio tape, hard drive backup

Keywords: adverse inference, over-preservation concerns