Defending Companies Whose AI Agents Accessed Others’ Systems: From Incident Response to Dismissal

Renita N. Sharma
Renita N. Sharma
Quinn Emanuel

Renita N. Sharma is a partner in Quinn Emanuel’s New York office whose practice includes data scraping matters at the intersection of the Computer Fraud and Abuse Act, terms of service violations, and related torts.

Henry E. Hockeimer
Henry E. Hockeimer
Ballard Spahr

Henry E. (Hank) Hockeimer, Jr. is a partner in Ballard Spahr’s Philadelphia office, where he leads the firm’s White Collar Defense and Investigations Group and co-leads its State Attorneys General Consumer Finance Response Team.

Live Video-Broadcast: December 14, 2026

2 hour CLE

Tuition: $195.00
Subscribe to Federal Bar Association CLE Pass...
Co-Sponsored by myLawCLE
Get this course, plus over 1,000+ of live webinars.
Learn More
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

 

“The Agent Did It” Is No Longer a Defense

California Civil Code § 1714.46 took effect January 1, 2026. It closes the autonomous-AI defense for anyone who “developed, modified, or used” AI. In 2026, disclosures by Anthropic, OpenAI, and Hugging Face showed AI agents reaching systems their companies do not own. A multistate attorney general letter, LASST v. OpenAI, and Amazon’s amended complaint against Perplexity followed.

Publish a postmortem, and plaintiffs plead it back as knowledge. Stop a running agent too early, and the record you need is gone. Misdescribe the traffic architecture, and server logs contradict the declaration. Plead comparative fault carelessly, and you concede “use” under § 1714.46(b). With Executive Order 14409 § 4 prioritizing 18 U.S.C. §§ 1028, 1030, and 1343, every civil filing is a potential criminal admission.

You leave with a 30-day incident checklist, hold and vendor preservation templates, and a notification decision tree. You also get a motion-to-dismiss issue matrix, model comparative-fault defense language, and an architecture-declaration checklist. The takeaway is practitioner judgment: what to preserve, when to notify, when to hand facts to white-collar counsel, and which defenses to plead.

Key topics to be discussed:

  • Preserving the Running Agent
    Decide what to capture before stopping a running agent, scope the hold to records split across device, account, and provider, and demand classifier state and provider logs from the model vendor.
  • Authorization and Comparative Fault
    Rebuild the authorization record under Cal. Civ. Code § 1714.46, then plead § 1714.46(c) causation, foreseeability, and comparative fault without conceding that the client “used” AI under subsection (b).
  • Notice and Outbound Narratives
    Decide whether to notify a system owner when no personal data moved, and structure the forensic engagement and outbound statements so they do not become admissions.
  • Criminal Exposure Under EO 14409
    Spot the triggers for handing facts to white-collar counsel under EO 14409 § 4, and screen every civil filing for admissions touching 18 U.S.C. §§ 1028, 1030, and 1343.
  • Architecture and Knowledge Defenses
    Map the client’s traffic architecture before answering under the Ninth Circuit’s Amazon v. Perplexity access holding, and contest knowledge and “causes to be accessed” allegations when monitoring logs show humans watching.
  • UCL Standing and Remedies
    Attack organizational UCL standing and the resource-diversion injury theory in LASST v. OpenAI, demur to post-Perplexity interference and trespass claims, and narrow the injunction.

This course is co-sponsored with myLawCLE.

Date / Time: December 14, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

Renita N. Sharma, Partner | Quinn Emanuel

Renita N. Sharma is a partner in Quinn Emanuel’s New York office whose practice includes data scraping matters at the intersection of the Computer Fraud and Abuse Act, terms of service violations, and related torts. She argued a remand before the Ninth Circuit for hiQ Labs, Inc., securing an affirmance that the CFAA does not apply to publicly available data, and she advises clients on mitigating legal risk in data aggregation.

  • Education & Credentials

Sharma earned her Juris Doctor from Columbia Law School in 2010, where she was a James Kent Scholar and a Harlan Fiske Stone Scholar and was named Best Individual Oral Advocate in the American Constitution Society Moot Court. She received her Bachelor of Arts, with High Distinction, from the University of Toronto in 2007, studying International Relations and Ethics, Society, and Law. She is admitted to practice in New York, before the U.S. Court of Appeals for the Second Circuit, and in the U.S. District Court for the Southern District of New York.

  • Recognition & Leadership

Sharma has represented parties in federal and state appellate courts and has been a key member of trial teams in federal and state jury and bench trials and in several arbitrations. Legal 500 USA ranked her a “Recommended Lawyer” in Insurance, Advice to Insurers, in 2024, and Euromoney’s Rising Stars Expert Guide listed her in its Insurance and Reinsurance Expert Listings in 2021.

  • Professional Involvement

Sharma’s writing on alternative data includes articles co-authored with Quinn Emanuel colleagues and published by Neudata, including on its Alternative Data News and Insight blog. Her firm profile also features Quinn Emanuel client alerts on the Meta v. Bright Data summary judgment ruling and its significance for the web scraping industry. She is a member of the Canadian American Bar Association.

  • Experience

Since joining Quinn Emanuel in 2010, Sharma has handled complex commercial disputes involving data scraping, securities, civil forfeiture, insurance, and bankruptcy matters, within a practice that includes Data Privacy & Security, Class Action and Mass Arbitration, and Securities Enforcement Defense. She obtained dismissal of class action claims against E*TRADE Financial Corp. over payment for order flow and high-frequency trading, represents National General Insurance Company in nationwide class actions arising out of Wells Fargo’s lender-placed insurance program, and represents financial technology companies in multiple SEC matters. She also represents clients in regulatory investigations by the SEC, FINRA, and state and foreign agencies, obtained summary judgment on conspiracy claims against reinsurer National Indemnity in Ford Motor Co. v. National Indemnity (E.D. Va.), and obtained summary judgment for Haymon Sports and CEO Alan Haymon in a $300 million antitrust lawsuit.

 

Henry E. Hockeimer, Jr., Partner | Ballard Spahr

Henry E. (Hank) Hockeimer, Jr. is a partner in Ballard Spahr’s Philadelphia office, where he leads the firm’s White Collar Defense and Investigations Group and co-leads its State Attorneys General Consumer Finance Response Team. He counsels businesses and individuals under investigation by state and federal authorities, often conducts sensitive internal investigations for corporate and governmental entities, and brings extensive jury trial experience from private practice and from his service as a federal prosecutor.

  • Education & Credentials

Hockeimer earned his Juris Doctor from The Catholic University of America Columbus School of Law, where he was a Senior Staff Member of the Journal of Contemporary Health Law and Policy, and his Bachelor of Arts from Miami University. He clerked for the Honorable James C. Cacheris of the U.S. District Court for the Eastern District of Virginia. He is admitted to practice in the District of Columbia, Pennsylvania, and Virginia, and he speaks Spanish.

  • Recognition & Leadership

Chambers USA has recognized Hockeimer for white-collar crime and government investigations in Pennsylvania (2006–2026). Best Lawyers has honored him in Corporate Compliance and White-Collar Criminal Defense since 2013, naming him Philadelphia “Lawyer of the Year” five times. He is also recognized by Legal 500 for Corporate Investigations and White-Collar Criminal Defense and by Lawdragon among its 500 Leading Litigators in America.

  • Professional Involvement

Hockeimer is a member of the American Bar Association’s Section on Litigation and of the Criminal Justice Section’s White Collar Crime Committee, where he previously co-chaired the Public Corruption and Extortion Sub-Committee. He has spoken on self-disclosure to DOJ, HHS, and other government agencies and on the Economic Espionage Act, and he authored “Enforcement Trends and What to Do,” a chapter in Managing White Collar Legal Issues (Aspatore Books, 2016). He has taught Trial Advocacy as an adjunct professor at Temple University James E. Beasley School of Law since 2006.

  • Experience

Hockeimer’s investigations work includes an internal investigation for the Lower Merion School District into remote monitoring of student laptops, which ended with no criminal charges filed. He has represented technology, pharmaceutical, real estate, and for-profit education clients in State Attorneys General investigations and a large financial institution in DOJ, SEC, and state investigations. As an Assistant U.S. Attorney in Oklahoma City, he tried public corruption, fraud, and domestic terrorism cases and served as Domestic Terrorism Coordinator and as a member of the FBI’s Domestic Terrorism Task Force.

Agenda

SESSION 1 – The First Thirty Days After a Company’s AI Agent Reaches Third-Party Systems | Henry E. Hockeimer, Jr. | 2:30pm – 3:30pm

This one-hour, defense-side session addresses companies whose AI agents reached systems they do not own. It covers the first thirty days: what to capture before stopping a running agent, how to hold artifacts split between the client and the model vendor, how to rebuild the authorization record under Cal. Civ. Code § 1714.46, when to notify a system owner if no personal data moved, and when to hand facts to white-collar counsel.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Defending Unauthorized-Access and Unfair Competition Claims Against Companies Over Their AI Agents | Renita N. Sharma | 3:40pm – 4:40pm

This one-hour session addresses defending companies against unauthorized-access and UCL claims over their AI agents, from the deployer’s side. It covers architecture mapping after the Sept. 10, 2026 en banc denial in Amazon v. Perplexity, and contesting the knowledge and resource-diversion standing theories in LASST v. OpenAI. It also covers § 1714.46(c) comparative-fault pleading, interference and trespass demurrers, injunction terms, and EO 14409 admissions review.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

More CLE Webinars
Upcoming CLE Webinars
AI-Augmented Legal Workflows: A Map to Success
AI-Augmented Legal Workflows: A Map to Success Tue, November 10, 2026
Live Webcast