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Defending Companies Whose AI Agents Accessed Others’ Systems: From Incident Response to Dismissal

When a company’s AI agent reaches a system, it does not own, regulatory, civil, and criminal exposure arrive at once. Preserve agent evidence, rebuild the authorization record under Civil Code § 1714.46, decide whether to notify, and contest unauthorized-access and UCL claims without creating admissions.

2026-12-14 14:30:00

Program Details

2026-12-14 14:30:00

2026-12-14 14:30:00

9h CLE Credits

2026-12-14 14:30:00

Program Details

2026-12-14 14:30:00

Program Details

2026-12-14 14:30:00

Over 1,000+ webinars

2026-12-14 14:30:00

Course Overview

“The Agent Did It” Is No Longer a Defense

2026-12-14 14:30:00

California Civil Code § 1714.46 took effect January 1, 2026. It closes the autonomous-AI defense for anyone who “developed, modified, or used” AI. In 2026, disclosures by Anthropic, OpenAI, and Hugging Face showed AI agents reaching systems their companies do not own. A multistate attorney general letter, LASST v. OpenAI, and Amazon’s amended complaint against Perplexity followed.

Publish a postmortem, and plaintiffs plead it back as knowledge. Stop a running agent too early, and the record you need is gone. Misdescribe the traffic architecture, and server logs contradict the declaration. Plead comparative fault carelessly, and you concede “use” under § 1714.46(b). With Executive Order 14409 § 4 prioritizing 18 U.S.C. §§ 1028, 1030, and 1343, every civil filing is a potential criminal admission.

You leave with a 30-day incident checklist, hold and vendor preservation templates, and a notification decision tree. You also get a motion-to-dismiss issue matrix, model comparative-fault defense language, and an architecture-declaration checklist. The takeaway is practitioner judgment: what to preserve, when to notify, when to hand facts to white-collar counsel, and which defenses to plead.

Format

CLE Credit

9h CLE Credits

Level

Intermediate

Length

9

Key topics that will be covered

01
Preserving the Running Agent
Decide what to capture before stopping a running agent, scope the hold to records split across device, account, and provider, and demand classifier state and provider logs from the model vendor.
02
Authorization and Comparative Fault
Rebuild the authorization record under Cal. Civ. Code § 1714.46, then plead § 1714.46(c) causation, foreseeability, and comparative fault without conceding that the client “used” AI under subsection (b).
03
Notice and Outbound Narratives
Decide whether to notify a system owner when no personal data moved, and structure the forensic engagement and outbound statements so they do not become admissions.
04
Criminal Exposure Under EO 14409
Spot the triggers for handing facts to white-collar counsel under EO 14409 § 4, and screen every civil filing for admissions touching 18 U.S.C. §§ 1028, 1030, and 1343.
05
Architecture and Knowledge Defenses
Map the client’s traffic architecture before answering under the Ninth Circuit’s Amazon v. Perplexity access holding, and contest knowledge and “causes to be accessed” allegations when monitoring logs show humans watching.
06
UCL Standing and Remedies
Attack organizational UCL standing and the resource-diversion injury theory in LASST v. OpenAI, demur to post-Perplexity interference and trespass claims, and narrow the injunction.

Program schedule

clock 2:30 pm - 3:30 pm EST

The First Thirty Days After a Company’s AI Agent Reaches Third-Party Systems

This one-hour, defense-side session addresses companies whose AI agents reached systems they do not own. It covers the first thirty days: what to capture before stopping a running agent, how to hold artifacts split between the client and the model vendor, how to rebuild the authorization record under Cal. Civ. Code § 1714.46, when to notify a system owner if no personal data moved, and when to hand facts to white-collar counsel.

Henry E. Hockeimer, Jr.Henry E. Hockeimer, Jr.
clock 3:40 pm - 4:40 pm EST

Defending Unauthorized-Access and Unfair Competition Claims Against Companies Over Their AI Agents

This one-hour session addresses defending companies against unauthorized-access and UCL claims over their AI agents, from the deployer’s side. It covers architecture mapping after the Sept. 10, 2026 en banc denial in Amazon v. Perplexity, and contesting the knowledge and resource-diversion standing theories in LASST v. OpenAI. It also covers § 1714.46(c) comparative-fault pleading, interference and trespass demurrers, injunction terms, and EO 14409 admissions review.

Renita N. SharmaRenita N. Sharma
Renita N. Sharma

Renita N. Sharma

Quinn Emanuel

Henry E. Hockeimer, Jr.

Henry E. Hockeimer, Jr.

Ballard Spahr

Renita N. Sharma

Renita N. Sharma

Quinn Emanuel

Renita N. Sharma is a partner in Quinn Emanuel’s New York office whose practice includes data scraping matters at the intersection of the Computer Fraud and Abuse Act, terms of service violations, and related torts. She argued a remand before the Ninth Circuit for hiQ Labs, Inc., securing an affirmance that the CFAA does not apply to publicly available data, and she advises clients on mitigating legal risk in data aggregation.

Education & Credentials

Sharma earned her Juris Doctor from Columbia Law School in 2010, where she was a James Kent Scholar and a Harlan Fiske Stone Scholar and was named Best Individual Oral Advocate in the American Constitution Society Moot Court. She received her Bachelor of Arts, with High Distinction, from the University of Toronto in 2007, studying International Relations and Ethics, Society, and Law. She is admitted to practice in New York, before the U.S. Court of Appeals for the Second Circuit, and in the U.S. District Court for the Southern District of New York.

Recognition & Leadership

Sharma has represented parties in federal and state appellate courts and has been a key member of trial teams in federal and state jury and bench trials and in several arbitrations. Legal 500 USA ranked her a “Recommended Lawyer” in Insurance, Advice to Insurers, in 2024, and Euromoney’s Rising Stars Expert Guide listed her in its Insurance and Reinsurance Expert Listings in 2021.

Professional Involvement

Sharma’s writing on alternative data includes articles co-authored with Quinn Emanuel colleagues and published by Neudata, including on its Alternative Data News and Insight blog. Her firm profile also features Quinn Emanuel client alerts on the Meta v. Bright Data summary judgment ruling and its significance for the web scraping industry. She is a member of the Canadian American Bar Association.

Experience

Since joining Quinn Emanuel in 2010, Sharma has handled complex commercial disputes involving data scraping, securities, civil forfeiture, insurance, and bankruptcy matters, within a practice that includes Data Privacy & Security, Class Action and Mass Arbitration, and Securities Enforcement Defense. She obtained dismissal of class action claims against E*TRADE Financial Corp. over payment for order flow and high-frequency trading, represents National General Insurance Company in nationwide class actions arising out of Wells Fargo’s lender-placed insurance program, and represents financial technology companies in multiple SEC matters. She also represents clients in regulatory investigations by the SEC, FINRA, and state and foreign agencies, obtained summary judgment on conspiracy claims against reinsurer National Indemnity in Ford Motor Co. v. National Indemnity (E.D. Va.), and obtained summary judgment for Haymon Sports and CEO Alan Haymon in a $300 million antitrust lawsuit.
Henry E. Hockeimer, Jr.

Henry E. Hockeimer, Jr.

Ballard Spahr

Henry E. (Hank) Hockeimer, Jr. is a partner in Ballard Spahr’s Philadelphia office, where he leads the firm’s White Collar Defense and Investigations Group and co-leads its State Attorneys General Consumer Finance Response Team. He counsels businesses and individuals under investigation by state and federal authorities, often conducts sensitive internal investigations for corporate and governmental entities, and brings extensive jury trial experience from private practice and from his service as a federal prosecutor.

Education & Credentials

Hockeimer earned his Juris Doctor from The Catholic University of America Columbus School of Law, where he was a Senior Staff Member of the Journal of Contemporary Health Law and Policy, and his Bachelor of Arts from Miami University. He clerked for the Honorable James C. Cacheris of the U.S. District Court for the Eastern District of Virginia. He is admitted to practice in the District of Columbia, Pennsylvania, and Virginia, and he speaks Spanish.

Recognition & Leadership

Chambers USA has recognized Hockeimer for white-collar crime and government investigations in Pennsylvania (2006–2026). Best Lawyers has honored him in Corporate Compliance and White-Collar Criminal Defense since 2013, naming him Philadelphia “Lawyer of the Year” five times. He is also recognized by Legal 500 for Corporate Investigations and White-Collar Criminal Defense and by Lawdragon among its 500 Leading Litigators in America.

Professional Involvement

Hockeimer is a member of the American Bar Association’s Section on Litigation and of the Criminal Justice Section’s White Collar Crime Committee, where he previously co-chaired the Public Corruption and Extortion Sub-Committee. He has spoken on self-disclosure to DOJ, HHS, and other government agencies and on the Economic Espionage Act, and he authored “Enforcement Trends and What to Do,” a chapter in Managing White Collar Legal Issues (Aspatore Books, 2016). He has taught Trial Advocacy as an adjunct professor at Temple University James E. Beasley School of Law since 2006.

Experience

Hockeimer’s investigations work includes an internal investigation for the Lower Merion School District into remote monitoring of student laptops, which ended with no criminal charges filed. He has represented technology, pharmaceutical, real estate, and for-profit education clients in State Attorneys General investigations and a large financial institution in DOJ, SEC, and state investigations. As an Assistant U.S. Attorney in Oklahoma City, he tried public corruption, fraud, and domestic terrorism cases and served as Domestic Terrorism Coordinator and as a member of the FBI’s Domestic Terrorism Task Force.
Renita N. Sharma

Renita N. Sharma

Quinn Emanuel

Renita N. Sharma is a partner in Quinn Emanuel’s New York office whose practice includes data scraping matters at the intersection of the Computer Fraud and Abuse Act, terms of service violations, and related torts. She argued a remand before the Ninth Circuit for hiQ Labs, Inc., securing an affirmance that the CFAA does not apply to publicly available data, and she advises clients on mitigating legal risk in data aggregation.

Education & Credentials

Sharma earned her Juris Doctor from Columbia Law School in 2010, where she was a James Kent Scholar and a Harlan Fiske Stone Scholar and was named Best Individual Oral Advocate in the American Constitution Society Moot Court. She received her Bachelor of Arts, with High Distinction, from the University of Toronto in 2007, studying International Relations and Ethics, Society, and Law. She is admitted to practice in New York, before the U.S. Court of Appeals for the Second Circuit, and in the U.S. District Court for the Southern District of New York.

Recognition & Leadership

Sharma has represented parties in federal and state appellate courts and has been a key member of trial teams in federal and state jury and bench trials and in several arbitrations. Legal 500 USA ranked her a “Recommended Lawyer” in Insurance, Advice to Insurers, in 2024, and Euromoney’s Rising Stars Expert Guide listed her in its Insurance and Reinsurance Expert Listings in 2021.

Professional Involvement

Sharma’s writing on alternative data includes articles co-authored with Quinn Emanuel colleagues and published by Neudata, including on its Alternative Data News and Insight blog. Her firm profile also features Quinn Emanuel client alerts on the Meta v. Bright Data summary judgment ruling and its significance for the web scraping industry. She is a member of the Canadian American Bar Association.

Experience

Since joining Quinn Emanuel in 2010, Sharma has handled complex commercial disputes involving data scraping, securities, civil forfeiture, insurance, and bankruptcy matters, within a practice that includes Data Privacy & Security, Class Action and Mass Arbitration, and Securities Enforcement Defense. She obtained dismissal of class action claims against E*TRADE Financial Corp. over payment for order flow and high-frequency trading, represents National General Insurance Company in nationwide class actions arising out of Wells Fargo’s lender-placed insurance program, and represents financial technology companies in multiple SEC matters. She also represents clients in regulatory investigations by the SEC, FINRA, and state and foreign agencies, obtained summary judgment on conspiracy claims against reinsurer National Indemnity in Ford Motor Co. v. National Indemnity (E.D. Va.), and obtained summary judgment for Haymon Sports and CEO Alan Haymon in a $300 million antitrust lawsuit.
Henry E. Hockeimer, Jr.

Henry E. Hockeimer, Jr.

Ballard Spahr

Henry E. (Hank) Hockeimer, Jr. is a partner in Ballard Spahr’s Philadelphia office, where he leads the firm’s White Collar Defense and Investigations Group and co-leads its State Attorneys General Consumer Finance Response Team. He counsels businesses and individuals under investigation by state and federal authorities, often conducts sensitive internal investigations for corporate and governmental entities, and brings extensive jury trial experience from private practice and from his service as a federal prosecutor.

Education & Credentials

Hockeimer earned his Juris Doctor from The Catholic University of America Columbus School of Law, where he was a Senior Staff Member of the Journal of Contemporary Health Law and Policy, and his Bachelor of Arts from Miami University. He clerked for the Honorable James C. Cacheris of the U.S. District Court for the Eastern District of Virginia. He is admitted to practice in the District of Columbia, Pennsylvania, and Virginia, and he speaks Spanish.

Recognition & Leadership

Chambers USA has recognized Hockeimer for white-collar crime and government investigations in Pennsylvania (2006–2026). Best Lawyers has honored him in Corporate Compliance and White-Collar Criminal Defense since 2013, naming him Philadelphia “Lawyer of the Year” five times. He is also recognized by Legal 500 for Corporate Investigations and White-Collar Criminal Defense and by Lawdragon among its 500 Leading Litigators in America.

Professional Involvement

Hockeimer is a member of the American Bar Association’s Section on Litigation and of the Criminal Justice Section’s White Collar Crime Committee, where he previously co-chaired the Public Corruption and Extortion Sub-Committee. He has spoken on self-disclosure to DOJ, HHS, and other government agencies and on the Economic Espionage Act, and he authored “Enforcement Trends and What to Do,” a chapter in Managing White Collar Legal Issues (Aspatore Books, 2016). He has taught Trial Advocacy as an adjunct professor at Temple University James E. Beasley School of Law since 2006.

Experience

Hockeimer’s investigations work includes an internal investigation for the Lower Merion School District into remote monitoring of student laptops, which ended with no criminal charges filed. He has represented technology, pharmaceutical, real estate, and for-profit education clients in State Attorneys General investigations and a large financial institution in DOJ, SEC, and state investigations. As an Assistant U.S. Attorney in Oklahoma City, he tried public corruption, fraud, and domestic terrorism cases and served as Domestic Terrorism Coordinator and as a member of the FBI’s Domestic Terrorism Task Force.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs