The Shift from Competitive Advantage to Governance Imperative

The Shift from Competitive Advantage to Governance Imperative

The Shift from Competitive Advantage to Governance Imperative

https://www.morganlewis.com/pubs/2026/03/ai-in-m-and-a-the-shift-from-competitive-advantage-to-governance-imperative

Publish Date: 2026-03-31 16:08:00

Source Domain: www.morganlewis.com

  • AI is increasingly central to M&A strategy and value creation, serving as a key differentiator and driver of deal value.
  • Regulatory pressure is growing globally, urging organizations to adopt robust governance, documentation, and compliance practices for AI deployment.
  • Transparency regarding AI usage has become mandatory, with organizations expected to clearly explain how AI functions within their operations and agreements.
  • New legal risks have emerged, focusing on issues like IP ownership, data privacy, potential bias, system reliability, and liability allocation.
  • Diligent evaluation of AI systems is now standard practice, encompassing scrutiny of training data, governance, regulatory exposure, and risk controls.
  • Human oversight remains critical, with experts needed to validate, contextualize, and test AI outputs.
  • AI is transforming deal execution processes, enhancing efficiency from sourcing to integration with improved speed, scalability, and deeper analytical insights.
  • AI applications are delivering tangible efficiency gains, notably in contract analysis, by drastically reducing time and providing additional data-driven insights.