Judge Arun Subramanian

Judge Arun Subramanian of the Southern District of New York has taken a permissive-but-cautious approach to AI in his courtroom. His standing order on "Use of ChatGPT and Other Tools" doesn't ban AI or require formal certification — instead, it warns attorneys about the risks and puts the burden squarely on counsel to verify accuracy. He presided over the high-profile trial of Sean "Diddy" Combs and handles a mix of complex civil and criminal cases.

Here's what matters for practitioners: Judge Subramanian won't make you file a separate AI disclosure form, but he absolutely expects you to verify everything. His order relies on existing Rule 11 obligations rather than creating new bureaucratic requirements. That's not a free pass — it's a signal that he trusts attorneys to act like professionals, and he'll come down hard if that trust is violated.

What Judge Subramanian's AI Standing Order Actually Says

Judge Subramanian's standing order on the use of ChatGPT and other generative AI tools is straightforward: use of AI is not prohibited, but counsel must personally confirm the accuracy of any research conducted using these tools. The order doesn't require a certification form or separate disclosure. Instead, it reminds attorneys that they are responsible for providing complete and accurate representations of the record, the procedural history of the case, and any cited legal authorities. Lead Trial Counsel bears specific responsibility for all filings made by the party they represent. This approach stands in contrast to judges like Vernon Broderick who require formal AI certifications with every filing.

The Subramanian Approach: Trust But Verify

Judge Subramanian's order reflects a particular judicial philosophy: existing rules already cover AI misuse. Rule 11 of the Federal Rules of Civil Procedure requires that arguments in a filing be "warranted by existing law" and provides sanctions for noncompliance. Rather than layering new AI-specific requirements on top, Subramanian's order simply makes explicit what Rule 11 already demands. This is the "warn, don't certify" approach. It puts the compliance burden on the attorney's professional judgment rather than on paperwork. For practitioners, this means the stakes are actually higher in some ways — you can't hide behind a checkbox certification. You're personally on the hook for every word.

Judge Subramanian's Background and Case Profile

Appointed to the bench by President Biden, Judge Subramanian is one of SDNY's newer judges. Before his appointment, he was a partner at Susman Godfrey, specializing in complex commercial litigation. His individual practices documents — updated as recently as March 2025 for hearings and trials, and February 2026 for criminal cases — show an active, detail-oriented judge. He's gained national attention for presiding over the criminal trial of music mogul Sean Combs, demonstrating his ability to handle high-pressure, media-saturated cases. His courtroom moves quickly, and he expects attorneys to be thoroughly prepared.

Practical Compliance Steps for Filing Before Judge Subramanian

Step 1: Read Judge Subramanian's standing order on AI use — it's available on the SDNY website. Step 2: Even though no formal certification is required, establish an internal verification process for any AI-assisted work product. Run every citation through Westlaw or Lexis. Step 3: Designate a Lead Trial Counsel who understands they bear personal responsibility for all filings under this judge's rules. Step 4: Keep internal records of AI tool usage. If opposing counsel challenges the accuracy of your filings, you'll want documentation showing your verification process. Step 5: Don't treat the lack of a certification requirement as permission to be careless. Judge Subramanian's approach means he expects you to self-police — and the consequences for failure are the same as any Rule 11 violation.

How Judge Subramanian Compares to Other SDNY Judges on AI

SDNY's AI landscape is a spectrum. On one end, Judge Broderick requires formal AI certification with every filing. Judge Rakoff has issued landmark rulings on AI privilege. On the other end, Judge Subramanian takes the lightest touch — warning about risks without mandating disclosures. His approach is closer to what the Judicial Conference may eventually recommend nationwide: rely on existing ethical rules rather than creating AI-specific bureaucracy. But don't confuse "lighter touch" with "lenient." If fabricated citations or AI hallucinations show up in your filings, the sanctions will be just as severe regardless of whether the judge requires a checkbox form.

The Bottom Line: Judge Subramanian doesn't require AI certification forms, but he expects you to verify everything personally. His order relies on Rule 11 and attorney professionalism. Verify all citations, designate responsible lead counsel, and keep internal records of your AI verification process.