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Updated Article on Internet & Email Evidence (Part 1)

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An updated version of Internet and Email Evidence (with additional focus on social media), as published this month in The Practical Litigator, is available here. Part 2 will be published in April. Reprinted with permission.

Subsequent note: Part 2 is now linked to the blog post of April 14, 2012.

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Rule 37 Sanctions — Default Judgment — Death Penalty Sanctions: 4 Factors: (1) Willfulness, Bad Faith Or Fault (e.g., Flouting Court Order), (2) Client, Not Counsel, Responsible, (3) Substantial Prejudice, (4) Lesser Sanctions Insufficient — For Non-Death Penalty Sanctions, Sanction Merely Need Be Just And Related to The Particular Claim at Issue — List of Sanctions in Rule 37 Is Not Exhaustive

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