Feb 26, 2024

The Board of Directors’ Duty to Supervise A Company’s Use of Generative AI

General Counsel By Joe Wilson
Graphic image depicting AI generated graphics, statistics, charts and numbers

If your company uses artificial intelligence and if you sit on the company’s board of directors or are a company officer, you’ll want to take a few minutes to look at the whitepaper my fellow Bevilacqua PLLC attorney Steven Aquino and I co-authored, along with two other colleagues, Joe Tiano of Legal Decoder, Inc. and Professor Nancy Rapaport UNLV Boyd Law School.

What is Our Whitepaper About?

The whitepaper discusses the duty to supervise that a company’s board of directors, as well as company officers, owe to the company and its shareholders. Many states, notably Delaware, impose this duty on directors and officers of companies that are incorporated under their law.

More particularly, our whitepaper addresses some challenges directors and officers can face in fulfilling their duty to supervise if their company uses generative artificial intelligence. GenAI is a powerful, disruptive, and evolving technology that can provide a company with substantial benefits.

However, a company’s use of GenAI can come with risks, including ones that can lead to significant negative impacts on a company. A failure by a company’s board and its officers to put in place systems to adequately identify, assess, and manage those risks can result in the board members and officers facing liability for breach of their duty to supervise.

Download a Copy of Your Own

Most importantly, our whitepaper provides practical takeaways and some best practices regarding what board members and officers can do to meet their duty to supervise in the face of the challenges posed by GenAI. You can obtain a copy of the whitepaper via this link:

Contact Bevilacqua to Learn More

If you’re interested in learning more, please contact me, Joe Wilson, at or (202) 869-0888 x.118 or Steven Aquino at or (202) 793-3576. You can also reach us at our general information email at