In Hseuh v. The New York State Department of Financial Services, No. 15 Civ. 3401 PAC (Dist. Ct. S.D. N.Y. 2018) the United States District Court in the Southern Division, New York, determined that FRCP 37(e) did not apply when the party involved intentionally deleted a recording. Tiffany Hseuh (“Hseuh”) alleges that her former co-worker