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Oct. 19, 2026

AI puts corporate boards on notice

Attorneys are debating whether Delaware's 1996 Caremark oversight standard could expose corporate directors to liability for failing to monitor AI risks, though experts say its high bad-faith bar remains tough for shareholders to clear.

Securities attorneys are debating whether a 30-year-old Delaware court ruling could expose corporate directors to liability for failing to oversee artificial intelligence -- and how boards should respond to risks that can change faster than traditional oversight systems.

No directors have yet been sued for failing to oversee AI risks, but attorneys anticipate such lawsuits as companies increasingly rely on the technology. The issue has prompted a series of law firm client alerts a...

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