Agents give you power—the autonomy and flexibility to handle ambiguous or dynamic tasks. Workflows give you control—the structure, reliability, and traceability you need for predictable, auditable processes.

Agents asking for too many permissions is bad. Fake servers stealing data is worse. But the real nightmare? Prompt injection that tricks your agent into handing over its own credentials.

Seven lawsuits against OpenAI allege adult psychological harms from chatbot interactions, forcing courts to determine duty-of-care standards beyond child protections as states test universal notification requirements.

CDT analysis shows companies that articulate risk appetites explicitly could build competitive advantage through trust infrastructure rather than hiding decision-making behind vague safety commitments.

AI agents can do real work or generate chaos. The difference isn't capability—it's human judgment.

The real constraint on agentic AI isn't model capability—it's governance infrastructure. Organizations treat agentic platforms as LLM deployment vehicles when they need complete enterprise systems with guardrails, evaluation layers, and audit mechanisms built in.

G2 data shows 60% of companies have AI agents in production with under 2% failure rates—contradicting MIT predictions of 95% project failure. For legal teams, this means governance frameworks can't wait for academic consensus when systems are already deployed.

Mastercard's Agent Pay creates verifiable authorization trails for AI transactions, embedding accountability directly into payment infrastructure rather than treating it as an afterthought.