Attorneys' Fees · November 2026
Flux Drive Inc. v. Rong
Nos. 25-1308, 26-1013 & 26-1292, Doc. 82-1 (10th Cir. Oct. 30, 2026)
In a dispute over attorneys' fees, the Tenth Circuit rejects the argument that opposing counsel's hours should have been lower because they used AI tools.
Plaintiffs challenged the reasonableness of an award of attorneys' fees and argued, among other things, that defense counsel's use of AI resulted in excessive billing.
The Tenth Circuit rejected the argument, noting that while AI and other online research tools may make attorneys more efficient, ethical rules still require counsel to verify the cases cited and to ensure that all arguments are grounded in legal authority. The court observed that AI tools “in some circumstances, might … reduce the hours necessary to litigate a case,” but held that plaintiffs had not shown that defense counsel's “use of AI rendered the hours that they actually expended unreasonable.”