Ken Priore The writing · kenpriore.com
Foundations · 2026-09-30 · 1 min read

AI Governance and the Board of Directors: Fiduciary Duty, Regulatory Liability, and the Director's Obligation to Govern AI in 2026

This paper makes the legal case that a director who can't oversee and explain the company's AI is already offside on the duty of care.

AI Governance and the Board of Directors: Fiduciary Duty, Regulatory Liability, and the Director's Obligation to Govern AI in 2026

This one's aimed straight at the boardroom. Oghenehoro Evi Eni argues that a director who can't understand, oversee, and explain the company's AI is already offside on the duty of care.

He runs it across five common-law systems and hands boards an actual protocol to work from.

The nice turn here is that explainability lands right at the board table, as a director competency.

AI Governance and the Board of Directors: Fiduciary Duty, Regulatory Liability, and the Director's Obligation to Govern AI in 2026
Oghenehoro Evi Eni maps how directors' fiduciary duty of care extends to overseeing and explaining corporate AI, with a governance protocol for boards.
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