Attorney Fees for Claim Preparation Are Recoverable
Client Alert | less than 1 min read | 09.21.12
Obviously fighting over principle as the amounts involved were less than $10,000, in Tip Top Constr., Inc. v. Donahoe (Sept. 19, 2012) the contractor was vindicated by the Federal Circuit, which held that it could recover its claim preparation and negotiation costs, including those of its attorney, as those costs were not for claim prosecution. Perhaps the more important principle established, however, was in the reversal of the PSBCA's denial of work hours claimed when they were supported by unrebutted timesheets and declarations.
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In the first few years following the public launch of generative artificial intelligence (AI) in the autumn of 2022, litigation related to AI focused primarily on claims of copyright infringement. Suits revolved around allegations that the data on which AI models train, and/or the output they produce, infringe upon the intellectual property rights of others. (While some of these cases have settled or reached preliminary judgments, many remain ongoing.)
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