The meteoric rise in generative artificial intelligence has dramatically altered the corporate landscape as companies increasingly invest in or incorporate artificial intelligence, including machine learning technologies (together referred to herein as “AI”), into their businesses. The increasing adoption of AI presents tremendous opportunities to harness data on a vast scale, but it also presents numerous risks and uncertainties. In this Alert, we review developments regarding AI disclosure in filings with the U.S. Securities and Exchange Commission for Forms 10-K and 10-Q and proxy statements, based on our informal survey of disclosures by S&P 500 and Russell 3000 companies between January 1, 2023 and October 31, 2023. We also advise companies of what to do now to address this emerging disclosure trend.

View this Governance & Securities Alert.