Evolution of Chat Data in Legal Contexts

You’re reviewing a contract. You pop open your favorite AI chat and type: “What’s a more aggressive indemnity clause here?” A few follow-ups, some back-and-forth, and you've got a solid draft. Fast-forward a few months. That contract is now in dispute. And guess what? Opposing counsel wants your AI chat history. Scary? It should be. In Tremblay v. OpenAI, a federal court confirmed what many feared: AI prompts and outputs can be discoverable. Courts are starting to treat AI transcripts just like emails or memos, i.e. business records subject to eDiscovery. And GenAI isn’t like traditional legal research tools Lexis or Westlaw. These chats often contain: - Client-specific facts - Draft language - Internal legal reasoning ...and are likely not formal work product Here’s what legal teams should do now: 1/ Create a GenAI retention policy, just like you have for emails 2/ Train staff to treat chats like email: intentional, professional, retrievable 3/ Avoid “scratchpad” use for sensitive or strategic work What do you folks think?

From Messages to Mandates: WhatsApp Chats Can Form Arbitration Agreements says Delhi HC   In a recent key development for digital contracting, the Delhi High Court has held that WhatsApp and email exchanges can constitute a valid arbitration agreement under Section 7(4)(b) of the Arbitration and Conciliation Act, 1996.   Case Summary A coal shipment transaction was negotiated entirely through email and an informal mode of communication, WhatsApp. The Parties agreed to commercial terms such as quantity, price, delivery period and referenced a SIAC Arbitration. Despite confirming the terms and requesting vessel nomination, the respondent unilaterally cancelled the deal days before performance. Therefore, the claimant sought interim relief under Section 9 of the Arbitration and Conciliation Act, 1996  before the Delhi High Court.   Key Findings Validity of Arbitration Agreement: Electronic communications, including WhatsApp chats and emails, satisfy the written requirement under Section 7(4)(b) when they demonstrate mutual consent.   Territorial Jurisdiction: Jurisdiction lies where the cause of action arises. The existence of an established branch or shareholding in Delhi was insufficient to confer jurisdiction.   Interim Relief for Unliquidated Damages: Relief under Section 9 requires more than a prima facie contractual breach;The Petitioner must demonstrate a genuine risk that assets may be dissipated.   Jurisprudential Significance This ruling affirms the legal recognition of arbitration agreements formed through informal digital communications like Whatsapp. It marks an evolution in the court’s approach to electronic contracting while reinforcing the need for jurisdictional precision and procedural safeguards.   Conclusion  The judgment brings to light the need for caution and clarity in informal digital negotiations. While courts may enforce WhatsApp-based agreements, parties must ensure that such communications reflect clear mutual assent and are backed by procedural legal compliance. Citation: Belvedere Resources DMCC v. OCL Iron and Steel Ltd. & Ors.   Contribution: Aarav M. #arbitration #communication #legalcompliance

Admissibility of WhatsApp Chats as Evidence in Court: New Legal Developments 🕒 The Delhi High Court's recent ruling in Dell International v. Adeel Feroze & Ors. has significant implications for the admissibility of WhatsApp chats as evidence in court. As per the new rule under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, WhatsApp chats can be admitted as evidence only if accompanied by a certificate. Key Takeaways 📝 - *Certificate Requirement*: A Section 63 certificate is necessary for the admissibility of WhatsApp chats as evidence. - *Original File with Metadata*: The original file with metadata is required, and not just a screenshot. - *Importance of Compliance*: It is crucial to consult early and ensure compliance with the new regulations to avoid any issues with the admissibility of digital evidence. Best Practices 📈 - *Preserve Original Device*: Preserve the original device used for WhatsApp chats to ensure the integrity of the evidence. - *Certified Copies*: Obtain certified copies of digital evidence, including WhatsApp chats, to ensure their admissibility in court. - *Consult Experts*: Consult with experts to ensure compliance with the new regulations and to avoid any issues with the admissibility of digital evidence. Conclusion 📊 The new legal developments highlight the importance of authenticity and formality in digital evidence. By understanding the requirements and best practices, legal professionals can effectively utilize WhatsApp chats and other digital evidence in court proceedings. #LegalUpdate #WhatsAppEvidence #IndianLaw #DigitalEvidence #BharatiyaSakshyaAdhiniyam #EvidenceAct #CourtProceedings #LegalProfessionals