pipeline," may prove to be incorrect and particularly damaging to the company. Even if the subsequent investigation determines that the pipeline was out of position or not buried properly, the jury may only remember the immediate statement provided by the captain. As such, it is important for vessel operators to stay up to date with the technology available to its vessel crews and the rules of discovery. Operators must implement policies to mitigate the damage that can be caused by these quick messages that are often exchanged without giving them any significant thought. The rules of discovery are slowly adapting to these new technologies. In December 2006, the Federal Rules of Civil Procedure were changed to address electronic discovery issues. The rules provide that emails and other forms of electronically stored information are discoverable just like any other document. Federal Rule 34(A)(1)(a) states that a party can request "any designated documents or electronically stored information- including writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilationsstored in any medium from which information can be obtain either directly or, if necessary, after translation by the responding party into a reasonably usable form." Most states are following suit and amending their procedural rules to specifically address the treatment of electronically stored information. For
example, discovery in La. now includes an obligation to preserve all documents in one's possession, including documents that exist only in electronic form, in the event of initiated or threatened litigation. As e-mails have become prevalent, most operators and their employees understand that e-mails are permanent and may be read by others. Most employees have started putting some thought into what they say in an email. However, text messages sent between cell phones and pocket PCs are going to provide operators the latest twist in the wave of producing electronic evidence. Because cell phone devices are mobile, users instinctively feel that their messages are less permanent. As a result, they are often less careful about what they send. While most people now understand that desktop emails are not easily erased, many don't realize that text messages can also live on after users delete them, both in the device and on the cell phone provider's server. As such, it is imperative that vessel operators educate their employees in the use of these alternate methods of communicating and have them understand that any message sent via any of these alternate means of communication may be discoverable and may create significant liability issues for the company. Although most claimants' attorneys have not yet standardized discovery requests seeking to obtain cell phone logs, text messages or instant messages to their list of commonly requested items, that day is coming.