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Apr. 22, 2026

Defending AI-washing claims in the new enforcement era

The rise of "AI-washing" securities litigation shows how courts are applying traditional defenses like puffery, scienter and safe harbor to AI-related claims, while highlighting emerging liability risks and steps companies should take to document and control AI disclosures.

Ashwin J. Ram

Partner and Co-Chair
Buchalter LLP

White Collar & Investigations Practice

Phone: (213) 891-5035

Email: aram@buchalter.com

Univ of Kansas SOL; Lawrence KS

See more...

Defending AI-washing claims in the new enforcement era
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In Part 1 of this article series, we traced the escalation of AI-washing from the SEC's first administrative actions in 2024, through a surge of private securities class actions, to the DOJ's first criminal indictment in 2025--and examined the three factors that turn a civil disclosure problem into a criminal prosecution. ("$95

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