In IBM v. Naganayagam, No. 15-cv-7991, (S.D.N.Y. 2017), Plaintiff filed a motion for summary judgment and Defendant filed a cross-action pursuant to Rule 37 of the Federal Rules of Civil Procedure for spoliation sanctions. In this action, the Plaintiff sought to rescind several Equity Award Agreements (“EAAs”) given to Defendant during his employment. EEAs are