Ed. note: Welcome to our daily feature, Quote of the Day.
Plaintiffs have not shown that defense counsel’s use of AI rendered the hours that they actually expended unreasonable.
— Judge Carolyn McHugh, writing for a unanimous Tenth Circuit panel, affirming a $114,663.11 fee award to Brownstein Hyatt Farber Schreck after Flux Drive’s trade secrets suit was dismissed. Flux Drive argued the firm’s use of AI and online research tools should have reduced its fees, but the court said the company pointed to no specific inflated billing entry. The panel acknowledged AI may reduce research time, while noting that lawyers still must verify their authorities and arguments. Brownstein partner Christopher Ottele welcomed the ruling, saying AI “is not a substitute for the judgment and analysis that attorneys still must exercise” in court filings.
Staci Zaretsky is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.
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