We are pleased to invite you to a webinar on the governance of AI within companies, based on our recent piece, Governing AI in Boardrooms: 10 things boards must avoid (available here). The session will draw on recent cases and regulatory developments, in India and elsewhere, and will cover:

Key Considerations

• Confidentiality and “shadow AI”: the risks when employees use public AI tools for company work
• Legal privilege: how courts treated prompts and outputs in recent cases
• Discovery of AI records in litigation and arbitration
• Liability for AI mistakes: hiring tools, customer-facing chatbots and algorithmic bias
• AI vendor contracts: indemnities, training rights, ownership of output and audit rights
• Regulatory and disclosure obligations: the SEBI regulations, the DPDP regime and the SEC’s AIwashing actions
• AI exclusions in D&O and E&O policies

We will also discuss the key aspects a board of directors should focus on while integrating AI into the company’s workstreams: governance policies, oversight structures, a register of the AI systems in use, vendor contracts, bias testing before deployment, external statements about AI, insurance cover and board records. The session will help equip the board of directors with:

• a clear view of where AI use creates exposure, for the company and for directors personally
• a questions a board should put to management before and after an AI system goes live
• practical steps on policies, contracts, insurance and record keeping that reduce the exposure