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Just as was the case in “Deflategate,” your salty text messages could appear in open court. Indeed, more and more, judges are compelling the production of texts in civil litigations. Thus, it is important to take the proper steps to mitigate this possibility as the production of texts may soon be coming to an IP litigation near you.
For example, in Walker v. Carter, a recent dispute involving Shawn Carter, a.k.a. Jay-Z, a court ordered the production of texts from a third party. The court reached its conclusion based on the “undisputed fact” that the third party’s phone possessed relevant email and texts. When the court asked why these communications were not previously produced, the third party responded, “it had not occurred to [him] that texts ‘are even something that need to be searched.’”
Read the complete article at “OMG! My text messages could be discoverable?”