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ARTICLE · 23 FEBRUARY 2026

Agentic AI Part I: What It Is And Who's Responsible When It Acts

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Artificial intelligence tools are rapidly evolving from passive, user-prompted systems, into autonomous technologies capable of planning, deciding, and acting with limited human oversight—what is known as agentic AI.

United StatesTechnology

Artificial intelligence tools are rapidly evolving from passive, user-prompted systems, into autonomous technologies capable of planning, deciding, and acting with limited human oversight—what is known as agentic AI.As agentic AI proliferates, so will the legal questions around authority and liability—and litigation risks—arising from its use,especially where agentic AI mediates interactions between consumers and digital technology companies.

This post is the first in a series focused on privacy, advertising, and consumer protection. We will cover what you need to know about agentic AI, and how to identify and mitigate legal risks.In this post, we start with the technical and legal scaffolding: (1) agentic AI and the various ways it is utilized; (2) a discussion of the key legal issues these systems present; and (3) an overview of the theories of liability plaintiffs are beginning to invoke in agentic AI-related litigation.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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