Center Papers

Paper No. 1
The Caremark Liability Roadmap

How the duty of oversight applies to AI, and the legal framework for insulating the board from bad faith failure-to-monitor claims.

Paper No. 2
Regulatory Enforcement Landscape

Mapping the 2026 enforcement environment. Four forces converging on one demand, despite repeals and preemption fights.

Paper No. 3
The Committee Fallacy

Assigning AI risk to a committee is not governing it. Why the Delaware doctrine demands a program, not just a venue.

Paper No. 4
Builders and Buyers

Accountability does not transfer with the vendor contract. Four bodies of law, four industries, and one unifying principle.

Paper No. 5
Agentic AI and the Oversight Lens

When AI acts rather than advises, model risk frameworks fail. Why the oversight program is the only framework that reaches it.

Paper No. 6
Cognitive Sovereignty and the Capacity to Decide

An informed decision requires a decision-maker still capable of making it. As institutions embed AI into consequential decisions, the board must govern the human judgment around the system, not only the system.

The Oversight Brief

June 2026
Deadlines move. The obligation does not.

The EU's Digital Omnibus package is provisionally agreed but not adopted. Why institutions planning to the expected deferral are making a bet without a record.

Essays

The Test
The Informed Decision Standard

The honest answer is a test, not a checklist: can the organization demonstrate, in evidence, that it made an informed decision about AI risk?

Brief · See Paper No. 1
Caremark comes for AI

AI oversight is not a new legal theory. It is the existing duty of board oversight applied to the newest mission-critical risk.

Brief · See Paper No. 3
An AI committee is not a governance program

Forming a committee is the most common response to AI risk, and the most misleading. Governance is a program.

The Problem
The Velocity Gap

AI is being adopted faster than most organizations can govern it. The distance between the two speeds is where fiduciary risk lives.

One oversight signal. One governance insight. One action item.

Once a month. Read in under 3 minutes. For board directors, audit executives, and risk leaders responsible for AI oversight governance.