Insights & Analysis
Foundational research, essays, and monthly briefings on AI oversight governance.
Foundational research, essays, and monthly briefings on AI oversight governance.
Three layers of governance operate in any organization deploying AI. The oversight layer, which decides what is governed, at what granularity, and who is accountable, is usually missing.
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.
When AI acts rather than advises, model risk standards fail. Why the oversight program is the only standard that reaches it.
Accountability does not transfer with the vendor contract. Four bodies of law, four industries, and one unifying principle.
Assigning AI risk to a committee is not governing it. Why the Delaware doctrine demands a program, not just a venue.
Mapping the 2026 enforcement environment. Four forces converging on one demand, despite repeals and preemption fights.
How the duty of oversight applies to AI, and the legal standard for insulating the board from bad faith failure-to-monitor claims.
A free fourteen-domain self-review of the oversight layer, online or as a PDF.
Examining the dual responsibilities of AI oversight: the duty to oversee the system's compliance and risk, and the duty to oversee the human capacity to direct it.
Decision rights and accountability across the eight domains of an AI oversight program. The board and its committees own the WHAT and the WHO. Management owns the HOW.
The honest answer is a test, not a checklist: can the organization demonstrate, in evidence, that it made an informed decision about AI risk?
AI oversight is not a new legal theory. It is the existing duty of board oversight applied to the newest mission-critical risk.
Forming a committee is the most common response to AI risk, and the most misleading. Governance is a program.
AI is being adopted faster than most organizations can govern it. The distance between the two speeds is where fiduciary risk lives.