Committee Newsletters

The “Black Box” of AI: No Longer A Legal Shield for Product Manufacturers

October 12, 2026

Product Liability

By Phil Goldberg, Katie Maechler, Greg Williams, Lisa DeBord, Dr. Michael Malterer, and Danielle Mindlin

What a wonderful Roundtable at Pfizer headquarters in New York City! Many of you joined us for informative and fun presentations at this year's Product Liability Roundtable. It was great to see so many of you! We appreciate the contributions of everyone who developed this program and encourage anyone interested in getting involved next year. If you were unable to attend the Roundtable, here's a part of what you missed. With the EU’s AI Act and new Product Liability Directive demanding accountability for AI, together with the proposed US AI LEAD Act, 2026 marks a pivotal year for AI as the legal framework governing its risks continues shifting from voluntary guidelines to hard liability. This article analyzes the updated EU Product Liability Directive which formally classifies AI as a “product,” alongside the proposed US AI LEAD Act which seeks to do the same. It then examines the collision of technological innovation with legal responsibility, focusing on how manufacturers can prepare for a more litigious, heavily regulated AI landscape.

View Article

Back