Agentic AI and the Emerging Liability Gap: What Businesses Should Be Doing Now

Chris Harris, a member of the Litigation Department and Labor and Employment Department, authored the article “Agentic AI and the Emerging Liability Gap: What Businesses Should Be Doing Now” published by ABA Business Law Today on Oct. 23, 2026.

Chris examines how agentic AI is creating a growing “liability gap” because traditional legal standards for responsibility rely on human intent and control, yet AI agents can take harmful actions without explicit human direction, as highlighted by the Ninth Circuit’s discussion in Amazon.com Services, LLC v. Perplexity AI, Inc.

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