Program Details
2026-08-21 13:00:00
Over 1,000+ webinars
Course Overview
2026-08-21 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 2:00 pm ESTA central focus of the panel is the ongoing increase in AI-related disclosure litigation and enforcement, known as “AI-washing.” Such filings allege that companies compete for business under AI-related marketing and promotion without building the underlying technological infrastructure and process implied in their public facing materials. Plaintiffs allege that when public companies misattribute revenue growth, operational efficiency, product accuracy or market superiority to underlying artificial intelligence architecture, they raise their risk exposure proportionally to the degree that claims are overstated or lack objective validity.
This session examines the defense side of AI-related securities fraud litigation, with a focus on AI-washing class actions, emerging pleading theories, and the doctrinal tools available to defeat claims at the motion-to-dismiss stage. The program will analyze how courts are separating actionable misstatements from corporate optimism, technical imprecision, and non-actionable puffery. It will also address why many AI-related securities claims falter on scienter, particularly where plaintiffs rely on inference rather than particularized facts showing knowledge or recklessness. Participants will consider the liability risks created by undisclosed human involvement in allegedly automated processes, the role of short-seller reports in loss causation, and the current SEC and DOJ enforcement posture. The session will provide defense counsel with a practical framework for auditing AI-related disclosures, developing dismissal arguments, and advising clients on enforcement response and cooperation strategy.
Mary Weeks
Jay A. Dubow
Bianca DiBella 2:10 pm - 3:10 pm ESTAI-related disclosure risk begins long before litigation and often before a public statement is ever drafted. As companies increasingly reference artificial intelligence in SEC filings, earnings calls, investor presentations, and public marketing, legal departments must ensure that those statements accurately reflect operational reality and can withstand regulatory, shareholder, and litigation scrutiny.
Drawing on lessons from counseling law firms on AI governance, professional responsibility, internal controls, and risk management, this session examines how securities counsel can build defensible disclosure practices from the inside out. The same principles, based on the Rules of Professional Conduct, that help law firms manage AI risk with limited guidance from the Courts and Bar: clear policies, defined approval authority, documented diligence, cross-functional oversight, and alignment between stated practices and actual conduct, also provide a practical framework for reducing AI-washing risk in public company communications.
The program will explore how to evaluate the materiality of AI initiatives; draft balanced disclosures concerning AI capabilities, limitations, dependencies, and risks; coordinate review among legal and business teams; and establish governance processes that support accurate and defensible public statements. Participants will leave with practical drafting techniques, internal review protocols, and disclosure-control frameworks designed to reduce regulatory exposure and strengthen the defense of future securities claims, all tethered to the Rules of Professional Conduct.
Jeffrey J. CunninghamJeffrey J. Cunningham is a founding partner of Cohen Cunningham LLP, where he serves as the firm’s General Counsel and co-chairs its Professional Liability Practice. He defends lawyers and other industry professionals in a wide range of professional liability, ethics, and disciplinary matters, and acts as outside general counsel to small and mid-sized law firms across the United States, emphasizing simple, preventive systems of risk management that protect clients before problems occur.
Mary leads the firm’s Securities Litigation Practice Group. She vigorously defends and resolves high-stakes securities litigation and shareholder disputes and manages internal investigations for corporations, officers, and directors. Mary’s efficient approach and lengthy track record of early-stage resolutions in key jurisdictions help clients effectively manage and mitigate risk.
Jay represents clients in SEC and regulatory investigations, securities litigation, and internal investigations. His experience as a former public company general counsel and branch chief of the Division of Enforcement at the SEC enhances his ability to provide valuable insight to clients.
Bianca represents corporations, individuals, and corporate representatives in complex civil litigation matters. She works hard to determine her clients’ business and legal needs, helping to provide concise and efficient solutions for their toughest disputes.
Jeffrey J. Cunningham is a founding partner of Cohen Cunningham LLP, where he serves as the firm’s General Counsel and co-chairs its Professional Liability Practice. He defends lawyers and other industry professionals in a wide range of professional liability, ethics, and disciplinary matters, and acts as outside general counsel to small and mid-sized law firms across the United States, emphasizing simple, preventive systems of risk management that protect clients before problems occur.
Mary leads the firm’s Securities Litigation Practice Group. She vigorously defends and resolves high-stakes securities litigation and shareholder disputes and manages internal investigations for corporations, officers, and directors. Mary’s efficient approach and lengthy track record of early-stage resolutions in key jurisdictions help clients effectively manage and mitigate risk.
Jay represents clients in SEC and regulatory investigations, securities litigation, and internal investigations. His experience as a former public company general counsel and branch chief of the Division of Enforcement at the SEC enhances his ability to provide valuable insight to clients.
Bianca represents corporations, individuals, and corporate representatives in complex civil litigation matters. She works hard to determine her clients’ business and legal needs, helping to provide concise and efficient solutions for their toughest disputes.
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.
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