AI and Board of Directors: Duties, Risks, and Governance
Duration: 60 Minutes
37 Days Left To REGISTER
Id: 213374
Eran Kahana
Overview
This seminar focuses on the corporate-governance implications of AI-specifically the fiduciary duties of boards in overseeing AI strategy and risk. It applies the duty of care and the business-judgment rule to AI adoption and emphasizes the duty of loyalty and good-faith oversight.
It then analyzes the Caremark standard in depth, applying the doctrine of board oversight of mission-critical risks to algorithmic bias, data privacy, and cybersecurity, and highlights the risk of personal director liability for systematic oversight failures. The program addresses how to structure board oversight-specialized committees, director expertise and education, and reporting mechanisms-and the disclosure and transparency requirements, including SEC expectations and reputational-risk management.
Why you should Attend
Under Caremark and its progeny, directors face personal liability for a sustained failure to oversee mission-critical risks-and AI is fast becoming exactly that. Boards that cannot show a functioning system to surface material AI risks are exposed, as are companies whose disclosures understate AI and cybersecurity dependence. This session shows directors and their advisors how to build oversight that satisfies the duty and withstands scrutiny.
Areas Covered in the Session
- Fiduciary duties in the age of AI: the duty of care and the business-judgment rule
- The duty of loyalty and the requirement of good-faith oversight
- The Caremark doctrine and board oversight of mission-critical risks
- Applying Caremark to algorithmic bias, data privacy, and cybersecurity vulnerabilities
- Personal liability for sustained or systematic oversight failures
- Structuring oversight through specialized technology or risk committees
- Building board expertise and continuous education on AI developments
- Reporting mechanisms that surface material AI risks to the board
- Disclosure and transparency: SEC requirements for material AI and cybersecurity risks, and reputational-risk management
Who Will Benefit
- Board Members and Directors
- Audit- and Risk-Committee Chairs
- General Counsel and Corporate Secretaries
- Chief Executive and Chief Financial Officers
- Chief Risk and Compliance Officers
- Governance Professionals
- Chief AI and Information Officers
Speaker Profile
In his practice, Eran counsels clients on a wide variety of matters related to AI, cybersecurity, privacy, technology law, trademarks, patents, and copyright issues. Eran also serves in a variety of cybersecurity thought leadership roles and works closely with the FBI, Department of Justice, Secret Service, and colleagues from the private and academic sectors to set, promote, and sustain cybersecurity best practices.
At Stanford Law School, Eran writes and lectures on the intersect between law and AI and is a frequent speaker at Stanford's annual Digital Economy Best Practices Conference. He has been cited in Oxford University Professor Marcus Du Satoy’s book The Creativity Code: Art and Innovation in the Age of AI and has been interviewed on AI, cybersecurity, privacy, and technology law by Bloomberg Law, BBC, Canadian Broadcasting Corporation (CBC) radio, KABC radio, Minnesota Public Radio, Twin Cities Business magazine, Star Tribune, Minnesota Lawyer, TheStreet.com, Quartz magazine, KARE 11, and Stanford University Radio, KZSU FM.
Access Recorded Version
One Attendee / Group Attendees
Unlimited Viewing Recorded Version for 6 months ( Access information will be emailed 24 hours after the completion of live webinar)