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Civil Litigation

May 19, 2012

eDiscovery: Deepwater discovery tips

The first charges stemming from the BP oil spill provide a valuable lesson: don't delete images from your smart phone.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

Sometimes life deals strange hands. Just when we feel that we have the problem in sight and under control, we are blindsided with something totally "out of left field" that we did not expect. So, the BP oil spill disaster case generated the first criminal prosecution in the tragic circumstances where spoliation of electronically stored information (ESI) gathered in connection with the follow-on investigation was the subject, rather than negligence for spilling the oil in ...

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