The Fourth Circuit is a study in contrasts

The Fourth Circuit is a study in contrasts. Virginia just passed HB1642, one of the most forward-looking state AI laws in the country, while the rest of the circuit — Maryland, North Carolina, South Carolina, and West Virginia — has been relatively quiet on AI disclosure in courts. There's no circuit-wide rule, and there likely won't be one anytime soon.

For practitioners, the Fourth Circuit is a jurisdiction where state-level legislation matters more than federal court orders. Virginia's legislative approach could become a model for neighboring states, and firms operating across the circuit need to track both courtroom requirements and statutory obligations.

Fourth Circuit's Stance on AI Disclosure

The Fourth Circuit Court of Appeals hasn't adopted any AI disclosure requirements for appellate filings. There haven't been significant published opinions addressing AI use in legal practice from the circuit's appellate bench. The circuit's administrative office hasn't issued guidance or formed a committee to study AI disclosure. This puts the Fourth Circuit among the less active federal circuits on AI regulation — but that's starting to change as Virginia's legislative action creates pressure from below.

Virginia HB1642: State Legislative Action

Virginia's HB1642 is the headline story in this circuit. The bill addresses AI transparency requirements across multiple sectors, including legal services. For attorneys, the key provisions require disclosure when AI systems are used in ways that materially affect client outcomes. This goes beyond courtroom filings — it potentially covers AI-assisted legal research, contract analysis, and case strategy development. Virginia's approach is significant because it's legislative rather than judicial, meaning it carries statutory penalties rather than relying on courts' inherent sanctioning authority. Managing partners at Virginia-based firms need to treat HB1642 compliance as a firm-wide operational requirement, not just a litigation practice issue.

District Court Activity Across the Circuit

Federal district courts in the Fourth Circuit have been among the least active on AI disclosure orders. The Eastern and Western Districts of Virginia have a few individual judges with AI language in standing orders, but there's no district-wide policy. Maryland's federal court — heavily influenced by federal government litigation given its proximity to D.C. — has seen AI disclosure come up in government contracts cases but hasn't formalized requirements. North Carolina, South Carolina, and West Virginia federal courts have minimal AI-specific judicial activity. The Northern District of West Virginia and the District of South Carolina have no known AI disclosure orders as of April 2026.

Federal Government Practice Angle

Maryland and Virginia's proximity to Washington, D.C. means a significant portion of Fourth Circuit litigation involves federal agencies. The DOJ and other agencies have developed internal AI use policies that affect how government attorneys use AI tools in litigation. Private practitioners facing government opponents should be aware that federal agency disclosure obligations may differ from private practice norms. In cases involving government AI systems — surveillance, benefits determinations, immigration decisions — courts in this circuit are increasingly demanding transparency about how those systems work.

Compliance Roadmap for Fourth Circuit Firms

Here's the practical approach: First, if your firm is in Virginia or serves Virginia clients, prioritize HB1642 compliance now — don't wait for implementing regulations. Second, for federal court filings, check individual judge standing orders in Virginia's Eastern and Western Districts, as these are most likely to contain AI requirements. Third, for government-facing litigation in Maryland, anticipate that opposing counsel may already be operating under agency-specific AI policies and adjust your disclosure strategy accordingly. Fourth, even though North Carolina, South Carolina, and West Virginia are quiet now, adopt voluntary disclosure as a prophylactic measure — the trend is clearly toward mandatory requirements. Fifth, document your firm's AI governance framework, because Virginia's statutory approach means regulatory enforcement could come from outside the courtroom.

The Bottom Line: The Fourth Circuit is quiet at the federal appellate level, but Virginia's HB1642 makes it one of the most important circuits for AI compliance. The legislative approach creates obligations that extend beyond courtroom filings into firm operations. Don't let the lack of a circuit rule lull you into complacency — Virginia's statute has teeth.