Judge Stephen Vaden of the U.S. Court of International Trade

Judge Stephen Vaden of the U.S. Court of International Trade brought AI disclosure requirements to one of the most specialized federal courts in the country. His order requires attorneys to disclose AI use and verify all AI-generated content—applying the same principles other judges adopted but in the unique context of international trade litigation.

What makes Judge Vaden's order notable isn't just the requirements themselves—it's where he sits. The Court of International Trade handles customs disputes, trade remedy cases, and import/export litigation where factual precision is everything. Getting a tariff classification or trade statute wrong because your AI hallucinated isn't just embarrassing—it can cost your client millions.

Judge Vaden's AI Disclosure Order Explained

Judge Vaden's standing order requires all counsel appearing before him to disclose the use of generative AI in preparing any court filing. The disclosure must confirm that the attorney has verified all AI-generated content for accuracy, including legal citations, factual assertions, and statutory references. The order specifically addresses the risk of AI hallucination in the context of trade law, where practitioners regularly cite the Harmonized Tariff Schedule, trade statutes, and Customs and Border Protection rulings—areas where AI tools have limited training data and are particularly prone to errors.

Why AI Disclosure Matters More in Trade Law

International trade law is a niche practice area, and that's exactly why AI disclosure matters more here. Large language models are trained primarily on general legal text—case law, statutes, law review articles. Trade law involves highly specialized sources: HTS classifications, Commerce Department determinations, ITC investigations, and CBP rulings. AI models have significantly less training data in these areas, which means the hallucination risk is higher than in general federal practice. Judge Vaden's order reflects this reality. When an AI tool generates a tariff classification number that doesn't exist, the consequences in trade court are immediate and concrete.

What Triggers the Disclosure Requirement

Any use of generative AI in preparing filings before Judge Vaden triggers the disclosure obligation. This includes drafting briefs, researching trade rulings, generating arguments about tariff classifications, and summarizing administrative records. The order covers all generative AI tools—ChatGPT, Claude, Gemini, Harvey, and similar platforms. It does not cover traditional legal research databases or specialized trade law databases. If your AI tool generated text that appears in any form in your filing, you need to disclose it and certify that you've verified the content.

Compliance Steps for Court of International Trade Filings

Step 1: Identify all instances where generative AI contributed to your filing. Step 2: Verify every legal citation through Westlaw, Lexis, or the Court of International Trade's own database. Step 3: Cross-check any HTS classifications, CBP rulings, or Commerce Department determinations against primary sources—don't trust AI on these. Step 4: Prepare a disclosure statement identifying the AI tool and describing the verification process. Step 5: Have a trade law specialist review AI-assisted sections for technical accuracy. Trade law terminology is precise, and AI tools frequently use terms incorrectly.

How Judge Vaden's Approach Fits the Broader Federal Trend

Judge Vaden's order follows the template established by judges like Brantley Starr (N.D. Texas) and Kevin Castel (S.D.N.Y.), but applies it to a specialized court context. The Court of International Trade is a nationwide court with judges based in New York but hearing cases involving parties across the country and around the world. This means Judge Vaden's order affects trade practitioners nationally, not just those in a single district. His approach is consistent with the emerging federal consensus: AI isn't banned, but transparency and verification are mandatory.

The Bottom Line: Before filing in Judge Vaden's courtroom, double-check every trade-specific reference your AI produced—HTS codes, CBP rulings, Commerce determinations—against primary sources. Prepare your disclosure statement and remember that AI hallucination risk is amplified in specialized practice areas like trade law.