FTC ALJ: Generative AI Certification in the Certificate of Service (Federal Trade Commiss…
Hon. Jay L. Himes, Administrative Law Judge · Federal Trade Commission, Office of Administrative Law Judges
Verified September 30, 2026
- Citation
- Generative AI Certification in the Certificate of Service (Federal Trade Commission, ALJ Jay L. Himes)
- Order date
- September 8, 2025
Summary
The certificate of service for each filing must further certify either (i) that no portion of the filing was drafted by generative AI (such as ChatGPT, Microsoft Copilot, Harvey.AI, or Google Gemini), or (ii) that any language in the filing drafted by generative AI was checked for accuracy by human attorneys or paralegals using printed legal reporters or online legal databases.
What does the order require?
- The certificate of service for each filing must further certify either (i) that no portion of the filing was drafted by generative AI (such as ChatGPT, Microsoft Copilot, Harvey.AI, or Google Gemini), or (ii) that any language in the filing drafted by generative AI was checked for accuracy by human attorneys or paralegals using printed legal reporters or online legal databases.
- Any filing that fails to comply with these mandatory certification requirements may be stricken.
- The provision appears in Judge Himes's scheduling orders and briefing-schedule orders, entered case by case; the orders of January 8, 2026 and later add Perplexity to the named tools, and the February 20, 2026 order also names Claude.
Practice areas: federal administrative
What the rule requires
Administrative Law Judge Jay L. Himes of the Federal Trade Commission includes a generative-AI certification in the scheduling and briefing orders he enters in each proceeding. In the Amended Scheduling Order in Caremark Rx (Docket No. 9437, September 8, 2025), it reads:
e. The certificate of service shall further certify either that:
i. No portion of the filing was drafted by generative artificial intelligence (“AI”) (such as ChatGPT, Microsoft Copilot, Harvey.AI, or Google Gemini), or
ii. Any language in the filing that was drafted by generative AI was checked for accuracy by human attorneys or paralegals using printed legal reporters or online legal databases.
Any filing that fails to comply with these mandatory certification requirements may be stricken.
The filer states one of the two options in the certificate of service. Choosing the first or the second tells the tribunal whether generative AI drafted any part of the filing, and the second option adds a statement that AI-drafted language was checked against legal reporters or databases.
Where it appears
The same text appears in orders Judge Himes signed in five unrelated proceedings:
| Docket | Matter | Order | Date |
|---|---|---|---|
| 9437 | Caremark Rx, LLC, et al. | Amended Scheduling Order | September 8, 2025 |
| 9442 | Edwards Lifesciences Corp. and JenaValve Technology, Inc. | Amended Scheduling Order | September 24, 2025 |
| 9445 | Dr. Michael J. Galvin | Order on Further Review Filings | January 8, 2026 |
| 9444 | Eusebio Juarez-Rufino | Order Setting Briefing Schedule | February 20, 2026 |
| 9452 | Vance Childers | Order Setting Revised Briefing Schedule | July 7, 2026 |
The 2026 orders add Perplexity to the list of named tools, and the February 20, 2026 order also names Claude. Because each order binds only its own proceeding, this entry covers the proceedings in which Judge Himes enters it. Judge Himes is listed as an Administrative Law Judge on the FTC’s Office of Administrative Law Judges page. Counsel appearing before him may wish to expect the certification at the scheduling or briefing stage.
Related FTC matter
Acting Chief Administrative Law Judge Dania L. Ayoubi’s September 13, 2024 scheduling order in In re Asbury Automotive Group uses nearly the same two options, but provides that a filer makes the certification by signing the filing rather than by stating it in the certificate of service.
Primary source
Sanctions cases decided under this order
Cases in our tracker where this rule appears to have produced or directly informed the sanctions decision.
- In re Asbury Automotive Group, Inc. , Sep 2024