Advising the Modern Board in 2026: Legal Strategy, Risk and Fiduciary Duty
Date: Nov 11, 2026 9:00 a.m. – 12:00 p.m.
Location: Online
Member Price: $169.00
Non-Member Price: $209.00
Section Price: $0.00
Areas of Law: Business
Earn up to 3.3 credits, including 0.6 in Ethics! (More Information)
Featured Speaker
Moderator
- Louis E. Diaz
- Louis E. Diaz, Ridgewood
Presenters
- Rebecca L. Rakoski, Esq.
- Co-Chair, NJSBA Cybersecurity & Data Privacy Committee
XPAN Law Partners LLP, Marlton - Michelle A. Schaap, Esq.
- Member, Tech, Privacy and Data Innovations
Chiesa Shahinian & Giantomasi PC, Roseland
A deepfake of the CEO authorizes a $1.8 million wire. An AI agent leaks confidential supplier data. By Friday, the investors want to know what the board knew, and the insurer is citing an AI exclusion.
What should the board’s lawyer have said, and when?
Advising the Modern Board returns for 2026 with a three-hour program for attorneys who advise companies, boards, and owners. It includes an ethics segment and qualifies for New Jersey’s new technology CLE credit, so you can meet the 2027 requirement before it takes effect.
The program follows a fictional New Jersey company through one week of breaches carried out by both humans and AI. The speakers will walk through the timeline, show exactly where things went wrong, and explain the advice the board attorney could have given to prevent each failure. They will then show how to structure a breach investigation so it stays privileged, preserve insurance coverage when a carrier invokes an AI exclusion, and use vendor contracts to keep a client running when an AI provider cuts off service.
By the end of the program, you will be able to:
- Explain how AI, and especially autonomous AI agents, changed the threat landscape in 2025–26.
- Apply oversight duties to AI risk for public companies, private companies, and LLCs, and spot gaps in your clients’ insurance.
- Navigate the EU, U.S. federal, and New Jersey rules, and the export controls, that reach your clients’ AI.
- Protect your client and your firm on privilege, engagement terms, fees, and conflicts when advising on AI.
You will leave with a board action checklist, a reporting dashboard template, and an outside-counsel playbook you can put to work for clients the next day.
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