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The Delaware Chancery Court Ruling of 2023 is a wake-up call. CMOs, CROs, and CDAOs are now personally responsible for oversight failures, bad data, and poor decisions. AI, especially Causal AI, is exposing the truth. Lawsuits are already happening. If you lead a team, you need to assess your risks, clean up your data, and use AI to protect yourself.
In AI Accountability Part 1, Mark Stouse and I talked about how AI is making executives more accountable. Now, we’re looking at the Delaware Chancery Court Ruling of 2023, a decision that puts more responsibility on business leaders. If you’re a CMO, CRO, or CDAO, this ruling could affect you in a big way. Here’s what you need to know about AI accountability in corporate leadership and how AI-driven risk management for executives can help.
REWATCH: Part 1 and Part 2 on LinkedIn.
Mark Stouse, CEO of Proof Analytics, put it simply: “If this ruling is so important, why isn’t everyone talking about it?”
The ruling made headlines in The Wall Street Journal and Financial Times with a sexual harassment lawsuit against McDonald’s, but outside legal circles, it didn’t get much attention.
“Historically, fiduciary duty had a very high bar—you had to almost prove nefarious intent. That’s no longer the case. If you’re an officer of a Delaware-domiciled company, you can now be held personally liable for negligence, incompetence, or just not knowing what’s in your own systems.”
Mark Stouse
This ruling affects roughly 90% of venture-backed companies in the U.S. and two-thirds of the Fortune 1000. Even privately held companies are under scrutiny.
If you’re in leadership, this matters to you.
Mark shared a case where a company settled for a huge amount because of bad CRM data. In fact, CRM data integrity (or lack thereof) has become a meme.
“I was supposed to be an expert witness in a case involving CRM data. The company settled for a lot of money out of court. The issue? The data was so flawed that it triggered fraud detection software. Sales reps had manipulated CRM records to hit incentives, creating a legal liability for the CRO, CIO, and CDAO.”
Mark Stouse
If your data is unreliable and you’re in charge of it, you’re responsible. Period.
Saying “I didn’t know” won’t protect you. Delaware fiduciary duty ruling impact is already being felt across multiple industries.
Each day AI is getting better and it’s making leaders more accountable.
“AI is going to be the great truth-teller inside corporations. Everything that can be known will be known or knowable.”
Mark Stouse
If your reports claim your marketing is driving revenue, but causal AI proves otherwise, that’s a problem.
If you’re in leadership, here’s a step-by-step guide to protect yourself:
Yes, the Delaware Chancery Court Ruling is a wake-up call. But it’s more of an opportunity to get ahead of potential litigation by cleaning up our data rather than fear-mongering.
Use AI to protect yourself. If you act now, you can stay ahead of the risks, prove your value, and future-proof your business.
“This is only the beginning. Shareholders, especially activists, are using this ruling to sue executives. If you’re not prepared, it’s just a matter of time.”
Mark Stouse
In AI Accountability Part 3, Mark and I will dive into the wave of lawsuits already happening and what you can do to stay ahead.
Stay tuned.
REWATCH: Part 1 and Part 2 on LinkedIn.
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AI-driven executive accountability is forcing leaders to take responsibility for their decisions instead of relying on vague statements or outdated assumptions. A new Delaware ruling makes CROs, CMOs, and CDAOs personally responsible for data quality and governance failures. Executives need to tighten data oversight, audit regularly, and work closely with compliance because AI fact-checking is exposing governance failures in real time.
In our latest LinkedIn Live session on AI Accountability, Mark Stouse and I dug into how AI is forcing radical transparency across the C-Suite.
For years, AI has been marketed as an efficiency tool, but it’s now putting executives under a microscope—especially the Chief Data & Analytics Officer (CDAO). AI’s impact on CDAO responsibilities is undeniable. The CDAO is at the center of it all, overseeing data quality, compliance, and legal risks that didn’t exist a decade ago.
Data quality is no longer an internal issue. AI-driven transparency is turning poor oversight into a legal and reputational risk. Get it wrong, and you could face lawsuits, SEC investigations, or worse.
Watch the full episode on LinkedIn.
Many executives have built go-to-market (GTM) strategies based on the idea that growth can be mapped out in a straight line. AI is proving them wrong.
“Roughly 20 to 25 years ago, founders and VCs decided they could remake B2B GTM into a deterministic, linear machine. They thought they could put a quarter in and get a gumball every time. That model failed—92% of those startups tanked.”
Mark Stouse
AI won’t fix broken GTM strategies. It will expose bad assumptions faster and force leaders to adapt—or fail even sooner.
AI is also putting more and more buyers in control. Companies that cling to outdated demand-generation tactics will lose to competitors who use AI to adapt in real time, recognize genuine buying signals, and pivot quickly.
Mark shared an interesting story about a CEO who walked into a town hall thinking he was in control—but AI had other plans.
Employees ran AI tools on his statements in real time. They compared his answers against past company reports and financial disclosures. Contradictions surfaced immediately. The Q&A turned into an awkward grilling session.
“Executives can no longer rely on ambiguity. The days of being able to say one thing today and another tomorrow without scrutiny are gone.”
Mark Stouse
Every word leaders say is recorded, analyzed, and cross-checked against financial disclosures, internal reports, and regulatory filings. AI is removing the gray areas that once gave executives room to maneuver.
The only way to stay ahead? Make sure what you say is accurate before you say it.
The 2023 Delaware fiduciary ruling for executives has changed everything. For the first time, leaders beyond the CEO and CFO—including CDAOs, CROs, and CMOs—are legally accountable for data quality and governance failures.
The Delaware ruling isn’t just a legal theory. It’s already leading to lawsuits. Mark shared an example that illustrates just how serious this is getting.
"A recent shareholder lawsuit named the CIO, CDAO, and CRO over CRM data quality issues. During discovery, a fraud detection tool was used to analyze the CRM, revealing that two-thirds of the data was manipulated, often to take advantage of sales incentive programs. That level of individual accountability simply wasn’t a risk five years ago."
Mark Stouse
This case revealed a stark reality: CRM data is a mess, and the legal risks of poor data quality are growing.
AI-driven audits are exposing fraud, inaccurate records, and manipulated pipeline data, which is leading to shareholder lawsuits and regulatory action.
CDAOs oversee data quality and governance, but CEOs, CROs, and CMOs are just as exposed. Bad data now impacts revenue, compliance, and investor confidence.
Executives who ignore AI-driven accountability won’t just lose credibility, they can also face legal consequences.
The companies that take AI-driven accountability seriously now will be the ones that stay ahead of lawsuits, regulators, and market shifts.
The AI accountability era has arrived. Executives who take data governance seriously will mitigate the inherent risks and avoid serious consequences.
In Part 2 of our next AI Accountability session, Mark and I discuss the legal risks executives face after the Delaware ruling.
Stay tuned.
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Many B2B tech companies focus too much on short-term revenue and neglect what builds lasting success. Growth happens when we balance short-term sales activation with long-term brand-building. Deeply understanding the market and shifting from reactive sales to proactive strategies helps us know when to invest in brand, how much to spend, and how to transition away from a lead-obsessed mindset.
Running a B2B company comes with constant pressure to hit revenue targets. We often end up chasing leads, cutting costs, and pushing sales and marketing harder with sales-led and product-led tactics.
This desperate pursuit of “more for less” is really just a cycle that burns cash and limits potential. The brands that grow do things differently. They focus on three key things:
“B2B marketing has become one-dimensional, fixated on revenue. We’ve lost sight of what truly drives growth—market insight, brand building, and genuine demand.”
Emma Clayton, FCIM
And because time lag impacts sales, today’s revenue comes from marketing done months ago. Cut brand investment now, and you’ll struggle later. Building up and maintaining a strong brand also builds up a strong pipeline.
What happens when you focus only on short-term wins?
1. Growth Takes Time—You’re Running a Marathon
Many B2B companies track leads, pipeline, and SQLs but ignore brand reputation, trust, and loyalty.
Traditional lead generation is getting less effective. Buyers act as groups and research for months before talking to sales. Scaling sales activation alongside brand awareness ensures your pipeline doesn’t dry up. (2024 Buyer Experience Report, 6sense)
2. Stop Reacting, Start Leading
Most business outcomes depend on external factors. If you only react to quarterly revenue dips, you’ll always be playing catch-up.
“Two-thirds to three-fourths of business outcomes are driven by external market forces.”
Mark Stouse
Investing in brand lets you control the conversation instead of constantly chasing it.
3. Brand Investment Makes Growth Cheaper
When revenue slows, companies often make cuts in the name of “efficiency” and then double down on lead gen. That’s a mistake.
Without brand marketing, sales activation gets harder and more expensive over time because memory and credibility fade. The cost to regain momentum is exponentially greater.
Gong is a good example of what it takes:
Not sure when to shift focus? Look for these red flags:
If any of these apply, it’s time to audit and update your GTM strategy.
Based on the Binet and Field study, 46% Brand and 54% Activation is the optimal mix for B2B companies, as sales activation plays a larger role than in B2C due to longer, complex sales cycles.
Investing early keeps you from fighting for scraps later.
Switching overnight isn’t realistic. Here’s how to rebalance without hurting revenue:
This approach keeps revenue steady while making sure future growth doesn’t stall. Sustainable revenue strategies for B2B companies take patience, but they pay off.
Short-term marketing isn’t bad—it’s just not enough. If you focus only on next quarter’s number, you’re setting yourself up for trouble down the road.
The best companies think long-term. They invest in:
If you want lasting growth, stop betting on quick wins. Invest in brand and activation together—because if you wait until you need brand, it’s already too late.
Build for the future, not just this quarter.
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AI-powered chatbots and search assistants are reshaping how people find information online, reducing reliance on traditional SEO. Instead of ranking pages based on keywords, AI now delivers direct answers, making structured data and credibility more important than ever. Businesses must adapt by optimizing for AI discovery, using chatbots, and prioritizing clear, trustworthy content.
SEO has been around since the ‘90s. The idea was simple: use the right keywords, rank high on Google, and get free traffic.
But times have changed… fast.
AI-powered chatbots and language models (LLMs) are changing how we search. Instead of clicking through search results, we now get answers instantly.
SEO is evolving and businesses need to rethink how they show up online.
People no longer browse through multiple pages to find what they need. They ask AI and get an answer right away.
More than ever, websites will need to prioritize interaction over static content.
Google has long controlled how businesses get found online. AI search assistants are changing that.
The rise of AI-driven search means fewer organic visitors, but does it affect lead quality?
Businesses must shift from relying solely on high-ranking pages to owning structured, AI-friendly content.
If AI is answering users’ questions directly, how can businesses ensure their content is cited?
Failing to adapt to AI-driven search could mean disappearing from key buyer journeys.
Some risks include:
AI-driven search isn’t just a marketing concern—sales teams must adjust too.
Traditional SEO Content
AI-Optimized Content
To future-proof your digital strategy, consider this roadmap:
Immediate Actions (0-6 months):
Long-Term Strategy (1-3 years):
Websites aren’t disappearing per se, but they are quickly evolving. AI-driven experiences are becoming the norm. Businesses that adapt will thrive, while those that don’t will struggle to stay visible.
In the next 2-3 years, expect to see:
Sources for this article:
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Last week, Mark Stouse and I continued our Sales Effectiveness discussion and tackled one of the most overlooked aspects of sales effectiveness: people. While technology, process, and efficiency often take center stage in sales discussions, it’s people who drive success—or derail it.
People—not process or technology—are the wild card in sales effectiveness. While process provides structure and technology accelerates execution, it’s our own behavior that makes or breaks success.
AI increases transparency because it forces alignment. In many companies, quarterly reviews expose disconnects between sales and marketing, where each side presents conflicting narratives. AI and analytics provide a single source of truth, cutting through the politics and making alignment non-negotiable.
AI and analytics are already eliminating the gray areas that once allowed for ambiguity and gut-driven decision-making.
The increase in accountability and transparency means business leaders and procurement teams now have deeper insights into a vendor’s performance, trustworthiness, and reliability.
As AI gets better, it will continue exposing inefficiencies and inconsistencies and putting leadership under more scrutiny than ever.
The role of leadership is evolving. The days of managing based on perception rather than reality are coming to an end. Some leaders may need to ask themselves if they’re still qualified to lead.
Mark shared a powerful story of empathy from his former boss, HP CEO, Mark Hurd:
“About 20 years ago, during an interview, a reporter asked Hurd, who was tough as nails, if it was hard to lay off 15,000 employees before the holidays. I’m paraphrasing but Hurd’s response was striking: ‘No, it’s not. In fact. If it were 50,000, it wouldn’t be hard. That decision was based on the best evidence of what needed to happen. But when you start thinking about all the impacts on all these individual families, at that point, it becomes really hard. I’m not exactly a teary guy, but tears kind of came to my eyes. I think that if that doesn’t happen, you’ve lost your humanity.’ Then very quietly and without any fanfare, Hurd allocated all of his roughly $15M HP stock options to improve the severance packages of the most needful people being laid off, some getting as much as $4,000 on top of their severance.”
Great leaders make the hard decisions, but they don’t lose their humanity in the process.
In the next 12-18 months, AI will make the truth undeniable. Organizations that once operated in ambiguity will soon face clear, data-backed accountability.
“Gravity is real. You can jump off a building and say you don’t believe in it, but it won’t change the outcome.”
Mark Stouse, CEO, ProofAnalytics.ai
Watch the full discussion on LinkedIn.
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Chasing efficiency without first ensuring effectiveness is a mistake. Marketing multiplies sales, making it 8x more effective and 5x more efficient. Cutting marketing too soon kills momentum, and short-term thinking leads to long-term failure. Causal AI proves marketing’s impact, helping teams invest smarter. If you want predictable, scalable sales success, focus on effectiveness first, then efficiency.
Last week, Mark Stouse and I dug into a growing issue in B2B sales: why efficiency alone doesn’t achieve sales effectiveness. This is a recap of that conversation.
In a nutshell, you can’t measure efficiency without knowing if what you’re doing actually works.
It’s easy to use “efficiency” as a way to justify cost-cutting. But slashing budgets, laying off employees, and stripping things down without understanding what’s really driving results is not efficiency. That’s just guessing.
“When you hear different leaders talking about organizational efficiency and using AI to become more efficient, for the most part, that is their attempt to reframe a narrative that is really about cost-cutting and has absolutely nothing to do with efficiency.”
Mark Stouse, CEO, ProofAnalytics.ai
If you’re interested, you can watch the LinkedIn Live recording.
Mark and I talked about this before, but it’s worth repeating: marketing is a multiplier for sales.
When done right, marketing makes sales 8x more effective and 5x more efficient, especially in mid-sized, growing companies. Sales follows a linear “value-add” formula. Add more reps, close more deals.
But marketing isn’t linear. It generates demand and builds credibility over time. And when potential customers trust you, selling becomes a lot easier.
“Marketing by definition is leverage. It exists as a non-linear multiplier of the performance of other parts of the business, one of which happens to be sales. Sales without marketing is like fishing without bait. Sure, you might catch something, but it’ll take a lot longer and require a lot more effort.”
Cutting marketing and adding more salespeople won’t solve the problem if the foundation isn’t there. Without strong marketing, closing deals will always be an uphill battle.
There is a common misconception that efficiency equals effectiveness. But there is a difference between doing the right things versus doing things right.
Many companies, especially in tech, prioritize efficiency—often a code word for cost-cutting—without first establishing whether their sales process is actually effective.
Cutting budgets and headcount without knowing what’s driving the outcomes doesn’t just make us leaner, it also makes us weaker. After all, 8 x 0 = 0.
“If you don’t know your effectiveness, there is no way for you to know your efficiency or your cost-effectiveness.”
One of the biggest challenges in tech is short-term thinking. Many startups are built to burn fast and exit fast. VCs pump in money with the goal of flipping a company in 3–4 years, so founders prioritize fast revenue over long-term strategy.
“Some startups fail because they shouldn't have existed in the first place. The market wasn’t ready, and no amount of execution could change that. When a VC tells you to put the pedal to the metal, and if you need more cash to ‘just ask,’ there’s no room for efficiency—just growth at all costs.”
This “growth at all costs” mindset is why 92% of startups have failed since 2007. When the market shifts, companies that ignored building up their brand reputation struggle to survive.
Mark used a great analogy: launching a rocket.
Most of a rocket’s fuel is burned just to get into orbit. Once it’s there, it can stay there with small adjustments. But if you cut the engines too soon, you fall back to earth—and getting back up is 10X harder and more expensive.
“There’s only one shot at a first impression. If the market sees you go up and then come back down, they’ll be skeptical when you try to launch again. Cutting marketing too soon is like taking your foot off the gas in a race and expecting to maintain speed.”
Airbnb learned this the hard way. They built an incredible brand, then cut marketing to save money. When they tried to restart, they had to spend far more just to regain momentum.
Even if you scale back, staying consistent beats turning marketing on and off.
Marketing budgets are always on the chopping block. If you can’t prove impact, expect cuts.
With causal AI tools, like Proof Analytics, companies can measure which activities drive revenue today and tomorrow, making adjustments accordingly.
“If you can’t show how marketing is creating real business impact, expect your budget to shrink. Causal AI is the way forward. Consistency beats the amount of money spent. Radical consistency in marketing wins every time.”
When GTM teams work together, using data to inform decisions, they’re able to prove exactly what drives sales.
To achieve sales effectiveness, we need to know where to invest and why. And the more effective we are, the more efficient we become.
AI and analytics make this easier than ever. Companies that use data-driven decisions to align sales and marketing will win. Those that cut marketing too soon, ignore brand investment, or focus too much on “efficiency” will continue to struggle.
Don’t just do things right. Do the right things.
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