Indemnify AI Files Supplemental SEC Comment Letter on AI Exposure Disclosure Under Item 303

SOUTHLAKE, Texas - EntSun -- With shareholder litigation over AI disclosures now reaching the specific SEC rule governing management's discussion of known trends, Indemnify AI, Inc. has asked the U.S. Securities and Exchange Commission to clarify how that rule applies to material AI exposure. In a supplemental comment letter (dated June 30, 2026) the company argues existing Regulation S-K already provides the framework, so no new rulemaking is required.

The supplement cites several developments: a new securities action naming Microsoft, a comparison of AI capital expenditure to pharmaceutical R&D, a review of numerous Form 10-K filings, and the specific request for interpretive guidance.

On the litigation development, the letter references City of St. Clair Shores Police & Fire Retirement System v. Microsoft Corp. (W.D. Wash.), filed June 12, 2026. According to the complaint, the action is pleaded under Item 303 of Regulation S-K. Indemnify AI cites the case as an example of AI-disclosure shareholder litigation reaching Item 303. All characterizations of the litigation reflect the allegations in the complaint, which have not been adjudicated.

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The letter also compares AI capital expenditure to pharmaceutical R&D, its closest comparable capital category, and notes that the difference is one of speed and maturity as much as amount. Hyperscaler AI capital intensity in 2026 is approximately 25% to 57% of revenue, compared with roughly 20% for top pharmaceutical R&D, and the Goldman Sachs Global Institute projects approximately $765 billion of AI capital expenditure in 2026. Unlike pharmaceutical R&D, which developed over decades, AI capital expenditure roughly doubled in twelve months, with combined hyperscaler spend growing about 77% year over year. The letter notes AI capital expenditure also lacks the frameworks that make pharmaceutical spending interpretable to investors: public trial-level visibility, empirical success-rate data, mature product-liability case law, and per-asset revenue attribution.

On disclosure practice, the letter points to the Investor Advisory Committee's own finding that AI disclosures "currently remain uneven and inconsistent." Indemnify AI states its review of numerous Form 10-K filings validates that finding.

"Our letter asks the SEC's Division of Corporation Finance to clarify how Item 303 applies to material AI exposure," said Josh Bottum, Chief Product Officer of Indemnify AI. "Existing Regulation S-K already provides the framework; no new rulemaking is required."

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The request follows the IAC's still-pending December 2025 recommendation, which concluded Regulation S-K is "flexible enough to accommodate" the growing use of AI by public companies. The supplemental and prior comment letters are available through the SEC's comment file (File No. 265-28). https://www.sec.gov/comments/265-28/26528-925399-2844748.pdf

About Indemnify AI

Indemnify AI helps large enterprises financially quantify and benchmark AI risk. Its work focuses on translating AI risk into decision-useful financial terms for boards, executives, risk leaders, auditors, legal teams, and investors.

Learn more at https://indemnifyai.org/.

This release describes a comment letter submitted to the SEC and references third-party litigation. Statements regarding that litigation reflect allegations that have not been proven, and nothing in this release is intended as a conclusion about any company or as legal or investment advice.