Artificial Intelligence

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Financial news sites were ablaze recently with the news that a co-founder and board member of the data server company Super Micro Computer had been indicted, along with two other company executives, for allegedly conspiring to smuggle high-end Nvidia chips into China, in violation of U.S. export control laws. With news that sensational, and in light of the ensuing stock price drop, it was only a matter of time before plaintiffs’ lawyers would file a securities class action lawsuit. And, sure enough, late last week, a plaintiff shareholder did file a securities suit against the company.

The complaint in the new lawsuit, which can be found here, is interesting in and of itself, relating as it does to the sensational circumstances involved. But the lawsuit is arguably even more interesting for what it represents – that is, as an illustration of the ways that geopolitical issues can – and increasingly are – translating into securities class action lawsuits.Continue Reading Geopolitics, Export Controls, and D&O Risk

In recent months, the filing of securities class action lawsuits involving artificial intelligence (AI)-related allegations has become an increasingly important part of overall securities suits filing volume. By and large, the AI-related suits have involved relatively smaller corporate defendants. Late last week, however, a plaintiff shareholder filed an AI-related securities suit against the technology behemoth Oracle, alleging that the company made misrepresentations in its disclosures concerning its AI infrastructure-related capital expenditures. For securities litigation trend watchers, the new lawsuit has a number of interesting features, as discussed below.Continue Reading Oracle Hit with Massive AI Infrastructure-Related Securities Suit

Arlene Levitin

As readers of this blog know well, cybersecurity issues can be an important potential source of directors’ and officers’ liability risk exposure. In the following guest post, Arlene Levitin, Esq., takes a detailed look at the many ways that cybersecurity-related issues can translate into D&O liability risk and insurance concerns, particularly with advent of artificicial intelligence technology. Arelene is Claims Officer, Complex Management Liability, NAS Financial Lines Claims, Liberty Mutual Insurance. I would like to thank Arlene for allowing me to publish her article as a guest post on this site. Here is Arlene’s article.Continue Reading Guest Post: Cybersecurity Risks & the Potential Impact on D&O Insurance

Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines the question whether the SEC should adopt AI-specific disclosure guidelines with reference to two recent enforcement actions involving tech companies allegedly fraudulent claims about their technology. I would like to thank Sarah for allowing me to publish her article on this site. Here is Sarah’s article.Continue Reading Guest Post: Would Specific SEC Disclosure Guidelines Deter AI-Washing?

The directors’ and officers’ liability environment is always changing, but 2025 was a particularly eventful year, with important consequences for the D&O insurance marketplace. The past year’s many developments also have significant implications for what may lie ahead in 2026 – and possibly for years to come.  I have set out below the Top Ten D&O Stories of 2025, with a focus on future implications. Please note that on Thursday, January 15, 2026 at 11:00 am EST, my colleagues Marissa Streckfus, Chris Bertola, and I will be conducting a free, hour-long webinar in which we will discuss The Top Ten D&O Stories of 2025. Registration for the webinar can be found here. Please join us for the webinar.Continue Reading The Top Ten D&O Stories of 2025

As readers of this blog know, in recent months there have been a number of AI-related corporate and securities suits filed against companies and their executives (as discussed, for example, here). In general, these suits have mostly involved “AI-washing” allegations – that is, allegations that the defendant company misrepresented its AI-related prospects or capabilities. More recently, however, the cases increasingly have involved allegations not that the defendant company overstated its AI-related opportunities, but rather understated its AI-related risks.

Last week, in the latest example of this type of suit, a plaintiff shareholder filed a derivative suit against executives of the digital ad tracking firm DoubleVerify, alleging that the defendants had caused the company to omit to disclose that AI-related developments were undercutting the company’s revenues. A copy of the derivative suit complaint can be found here.Continue Reading Digital Ad Analytic Firm Hit With AI-Related Disclosure Suit

Just about every company these days is grappling with the arrival of Artificial Intelligence (AI). But what should companies be telling their investors about the impact of AI deployment on their operations and financial results? At a recent meeting, the SEC’s Investment Advisory Committee recommended that the agency issue guidance requiring issuers to provide disclosures about the impact on the company from AI. As discussed below, while the committee’s recommendations may be unlikely to cause the agency to issue AI disclosure rules or guidance, the committee’s recommendations do provide a useful framwork to consider corporate AI-related disclosure best practices.Continue Reading SEC Investor Advisory Committee Recommends AI-Related Disclosure Guidelines

A new wave of AI-powered scams is targeting companies by impersonating their most trusted leaders – the CEO, the CFO, and other senior executives. Cybercriminals are now using generative AI tools to create hyper-realistic video and audio deepfakes of company executives to trick lower-level employees into handing over millions of dollars in cash, critical data, and other business assets. While these kinds of scams aren’t necessarily new, AI language and image models are making the scams increasingly effective and more prevalent, according to a recent Wall Street Journal article. The August 18, 2025, article, entitled “AI Drives Rise in CEO Impersonator Scams,” can be found here.Continue Reading The Growing Threat of AI Deepfake Attacks

The number of securities class action lawsuits filed in the first six months of 2025 was roughly level with the number of securities suits filed in the second half of 2024, according to a new report from Cornerstone Research. The number of suits filed in the first half of 2025 is also roughly level with the historical semiannual average number of filings. The July 30, 2025, report, which Cornerstone Research produced in conjunction with the Stanford Law School Securities Class Action Clearinghouse, is entitled “Securities Class Action Filings: 2025 Midyear Assessment,” can be found here. Cornerstone Research’s July 30, 2025, press release regarding the report can be found here.Continue Reading Cornerstone Research: Securities Suit Filings Steady in Year’s First Half