Agentic AI & Securities Law: Redefining Intent

Agentic artificial intelligence is challenging a core concept in securities law: intent. The second article in a series argues that this AI strains the idea of scienter, which was designed for human defendants. What's interesting is that it becomes harder to determine a culpable state of mind when an autonomous system, optimizing against an objective function, shapes conduct. The bottom line is that the rise of agentic AI forces us to reconsider fundamental legal principles.