Agents of Disruption: Legal Dilemmas and the Future of AI

Cover story of the New York State Bar Association Journal

Fall 2025 Vol. 97 | No. 4

Artificial intelligence has entered a new phase defined by agentic AI—autonomous systems capable of executing tasks, making decisions, and adapting to real-time conditions with minimal human input. This evolution challenges traditional legal doctrines of agency, liability, and intellectual property. The article examines whether AI tools can or should be treated as agents under common law and how doctrines like respondeat superior might be adapted to assign responsibility for AI-driven actions. It explores emerging issues in copyright infringement, data privacy, and algorithmic bias, drawing on recent cases such as Getty Images v. Stability AI and ROSS v. Thomson Reuters. As states advance bias and transparency laws while federal authorities pursue deregulation, the legal landscape grows increasingly fragmented. The article concludes that balancing innovation with accountability requires reinterpreting agency law and embedding data governance and transparency into AI design and deployment.

Reprinted with permission from the New York State Bar Association ©2025.