BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month January 22, 2026 @ 1:00 p.m. ET/10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Corporate Law
  • schedule 90 minutes

AI Capability Claims Under Fire: Preparing and Responding to Securities, FTC, and Consumer Litigation Risk

$297.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE webinar will discuss prevention and response to litigation and regulatory challenges when companies promote AI capabilities or progress. The panel will examine recent SEC enforcement over so-called "AI-washing," FTC actions against unsupported accuracy/performance claims, and developing securities and consumer class actions targeting AI-related statements. The experts will cover best practices to avoid risk, establish process controls, and manage substantiation.

Description

AI features and implementation have moved from R&D to revenue and public filings quicker than some companies have built substantiation and disclosure controls. Plaintiffs and regulators are now testing statements about capability, accuracy/performance, automation vs. human-in-the-loop, and comparatives ("safer than humans," "outperforms analysts"). Poor systems and controls lead to claims that blur present capability with road-map aspiration or that leave out materially important capability qualifications. As filings accelerate, companies need practical guardrails to avoid over-promising, document what the technology does and does not do today, and respond quickly and credibly when challenged.

Listen as our panel provides best practices for cross-functional review systems and document/substantiation controls, drafting to avoid claims, and executing a fast, defensible response to any action.  

Presented By

Stephen J. Cosentino, CIPP
Partner
Stinson LLP

Strategically positioned at the intersection of technology, finance and law, Mr. Cosentino negotiates technology transactions in the software, mobile, health care and FinTech industries. His primary focus is on technology related transactions and compliance, with an emphasis on software licensing and services, banking technology, data center services, outsourcing, data privacy, e-commerce, advertising, cloud computing and cybersecurity. Mr. Cosentino navigates complex mergers and acquisitions, guides corporate transactions, and facilitates complex technology and intellectual property collaborations. He counsels clients on crisis management, data breach response and compliance with U.S. and international privacy and data security laws including the Children's Online Privacy Protection Act (COPPA), the Telephone Consumer Protection Act (TCPA), CAN SPAM, the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Protection Act (CCPA), The Health Insurance Portability and Accountability Act (HIPAA ), Biometric Information Privacy Act (BIPA), and the EU-U.S. Privacy Shield and the FTC Act. Mr. Cosentino is a Certified Information Privacy Professional (CIPP) through the International Association of Privacy Professionals.

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Jenifer McIntosh
Of Counsel
Stinson LLP

Ms. McIntosh has over 20 years of experience applying privacy, cybersecurity, intellectual property, internet and consumer protection laws to business activities. Her background as a chemist and in-house counsel experience enhances her ability to translate legal standards into easy-to-understand technical and operational processes that clients can implement. Ms. McIntosh's practice focuses on providing advice on privacy and data security issues related to technology-driven transactions and identifying risks related to data processing, data security, and AI development to avoid regulatory issues but also security breach and class-action litigation. She counsels clients across a variety of industries, including pharmaceutical and health technology, private equity, SaaS providers, cybersecurity, automotive finance, ad-tech and e-commerce. Ms. McIntosh is highly-skilled in developing and implementing practical and sustainable corporate governance initiatives as well as strategic compliance involving global privacy laws.  

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, January 22, 2026

  • schedule

    1:00 p.m. ET/10:00 a.m. PT

I. Introduction

II. Enforcement and litigation landscape: SEC and FTC actions, surging AI‑related securities and consumer suits

III. What are risky "AI capability" statements? How to assess and avoid

IV. Securities exposure from AI statements: case lessons

V. Drafting best practices

VI. Institutional controls: claim review, evidence/data gathering and maintenance, process

A. AI Policies: What to allow or disallow

VII. Responding to claims or compliance actions

VIII. Practitioner takeaways

The panel will discuss these and other important topics:

  • What AI statements trigger litigation or regulatory attention?
  • How should in‑house counsel build substantiation files?
  • What disclosure control and claim review processes separate "road‑map aspirations" from "present capabilities"?
  • What practical drafting techniques reduce risk?
  • How to effectively respond to claims or compliance actions?