The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Sat, 18 Apr 2026 11:30:34 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png No Loopholes for AI: Putting Legal Guardrails on Your Company’s Use of AI – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 No Loopholes for AI: Putting Legal Guardrails on Your Company’s Use of AI https://corpgov.law.harvard.edu/2026/03/25/no-loopholes-for-ai-putting-legal-guardrails-on-your-companys-use-of-ai/?utm_source=rss&utm_medium=rss&utm_campaign=no-loopholes-for-ai-putting-legal-guardrails-on-your-companys-use-of-ai https://corpgov.law.harvard.edu/2026/03/25/no-loopholes-for-ai-putting-legal-guardrails-on-your-companys-use-of-ai/#respond Wed, 25 Mar 2026 11:30:01 +0000 https://corpgov.law.harvard.edu/?p=179774?d=20260324170136EDT Posted by Don L. Vieira and Nicola Kerr-Shaw, Skadden, Arps, Slate, Meagher & Flom LLP, on Wednesday, March 25, 2026
Editor's Note:

Don L. Vieira is a Partner and Nicola Kerr-Shaw is a Counsel at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum.

Key Points

  • While no comprehensive AI regulatory framework has been enacted in the U.S., the use of AI is governed by many existing laws, with new laws coming into force across the U.S. In their oversight roles, boards need to be aware of the spectrum of laws that may govern their companies.
  • Existing laws and their application to companies need to be re-examined in light of AI advances, and new laws will need to be assessed against a business’s AI needs and ambitions.
  • With the rapid and prolific expansion of AI, companies need to implement agile and strategic compliance frameworks to keep pace with the business, and allow valuable and limited legal resources to be focused on those AI tools presenting the highest risk.

As board members, you’ve likely heard conflicting messages about artificial intelligence (AI) regulation in the U.S. Some claim that AI is simply not regulated in the U.S. The truth is more nuanced, and more immediately important, than you might think.

While it’s true Congress hasn’t passed sweeping AI-specific legislation, your company’s use of AI is almost certainly regulated already. Here’s why: The law doesn’t care how you break the rules, only that you broke them.

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