Akerman Litigation Practice Group Partners Eric D. Coleman, Donnie M. King, and Ryan Roman and Associates Reginald Janvier and Cherly Lucien authored a groundbreaking five-part series on AI-driven securities and governance risk for Law360.
- Part One identified an emerging litigation risk: that the plaintiffs' bar may seek to frame material corporate decisions, such as AI-driven workforce reductions and restructurings, as securities fraud.
- Part Two showed companies the importance of properly aligning board records with AI disclosures.
- Part Three demonstrated how disciplined disclosure drafting provides the next line of defense.
- Part Four explained how defense counsel can defeat operational AI-washing claims before discovery begins.
- Part Five completed the series by addressing a foundational question: what duties do boards owe in the first instance, before disclosures are made or a Section 220 demand letter ever arrives, under Delaware's Caremark duty of good-faith oversight. It traces the doctrine's evolution through Marchand v. Barnhill and In re Boeing Co. Derivative Litigation to show that, when a risk is mission critical, boards cannot remain passive.