IBA Annual Litigation Forum - Chasing a moving world: litigation in an age of acceleration

17 Mar - 19 Mar 2027

Session information

The evidence is disappearing: litigating in the age of WhatsApp, deepfakes and ephemeral data

Description

The evidentiary record of a major commercial dispute increasingly lives in encrypted messaging platforms, disappearing messages, cloud environments, personal devices, video and AI-generated content. How do litigators preserve, authenticate, obtain and challenge evidence when the underlying technology evolves faster than procedural rules? The session would examine practical strategies for digital evidence, forensic investigations, deepfakes, cross-border disclosure and authenticity challenges, with particular attention to the evidentiary consequences of the way businesses communicate in India and other highly digital economies.