Agent Liability

Practical guidance on the legal risks, controls, and evidence needed to deploy AI agents responsibly.

AI Agents Are a Legal Minefield. How Do You Navigate It?

Master post in a series on AI liability for general counsels and the teams that have to live with the answer. When people ask what I do, I sometimes joke that I prevent AI agents from destroying all humans. What I actually do is prevent your own agents from destroying your company. Agents are alread...
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Is My Company Liable When Our AI Agent Causes Harm? Yes

Post 1 of a series on AI liability for general counsels and the teams that have to live with the answer. You know the drug commercial. Thirty seconds of smiling people walking on a beach, then a rapid-fire list of side effects that ends with “may cause sudden death.” When a plaintiff claims they...
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Who Is Liable When My AI Agent Commits a Felony?

If your agent commits a felony there can be civil and criminal penalties applied to you and your company under existing law. Post 2 of a series on AI liability for general counsels interested in the legal liability associated with building and using agents. Your agent just logged into a system it wa...
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Can Agents Collaborate with Other Agents to Escape Constraints?

There are multiple documented cases where multiple agents collaborated to exceed their individual permission constraints, hack systems, or escape secure sandboxes. Post 3 of a series on AI liability for general counsels interested in the legal liability associated with building and using agents. Age...
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Will Insurers Cover My AI Agents Without Evidence?

As the number and cost of agent liability cases inevitably grows, insurance carriers are going to ask for evidence of constraints on agents in the form of rich policies, strong policy enforcement points, and collected logs that demonstrate your diligence or you will find that insurance becomes unaff...
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Can My AI Agent Create Insider Trading Risk?

If your agent releases or trades on material non-public information (MNPI), you are just as liable as if you released the information or made the trade yourself. Trustabl.ai provide your with the tools to prevent leakage of MNPI as well as the use of MNPI. Post 5 of a series on AI liability for...
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Can I Prove My AI Agent Didn’t Discriminate?

If you collect time-stamped and cryptographically signed evidence used to drive the decision that was made by the agent, you can prove that your agent did not discriminate. In most cases, that data is spread throughout multiple systems, making it a scavenger hunt, with Trustabl.ai it is all cen...
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Is My Agent’s API Key Someone Else’s Credit Card?

Your secrets, including especially AI API keys, may be stolen and used to make you pay for the hacker’s compute, some of which is typically used to hack other victims. Post 7 of a series on AI liability for general counsels interested in the legal liability associated with building and using agent...
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What Can You Do About IP Leakage and Contamination?

Agent policy, enforced at the gateway and sandbox that constrains the agent, can stop IP leakage and contamination. Post 8 of a series on AI liability for general counsels interested in the legal liability associated with building and using agents. An employee pastes a customer list, a pricing model...
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When Must the Board Sign Off on Agent Risk?

Officers and directors must now sign off on cybersecurity risk under both USA and EU regulations. We believe that it is just a matter of time before the same applies to agentic risk. Post 9 of a series on AI liability for general counsels interested in the legal liability associated with building an...
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