So we already know this litigation saga has been a giant financial loss for Lively. But with how inflated her costs were, I got curious.
Even friendly publications framed Liman’s roughly $407K award as a loss, so it’s hard to argue that she gained much positive PR from it either. Instead, we got another month of headlines connecting her to this case, which is inherently disastrous for her.
So my question was: was pursuing 47.1 worth anything at all?
Apparently not.
I submitted Exhibit B, which contains the billing records from Lively’s fee request, to ChatGPT, Claude, and Gemini. I asked them to calculate the amount billed for entries explicitly connected to 47.1.
For my final calculation, I included a row only if its description contained one of these exact phrases: “47.1,” “statutory damages,” “damages expert,” or “punitive damages research.”
I excluded general discovery, travel, hearing preparation, and other work unless the description itself contained one of those phrases.
Here is what I got:
Willkie: $191,054.18
Manatt: $234,943.47
GBX, the expert consulting firm: $96,242.50
Total Spent: $522,240.15
The judge awarded her $363,245.40 in attorney’s fees and $44,206.35 in costs, for a total of $407,451.75.
$522,240.15 − $407,451.75 = $114,788.40
So even if we apply her entire award against what she was billed for the 47.1-related entries, she still comes out $114,788.40 short.
Gemini originally gave me a higher total of $571,385.85, so I checked why.
The biggest difference was GBX. Gemini used the records’ “47.1 Related” subtotal of $173,276.50. But several individual entries inside those records do not contain any of my keywords. Applying the rule to each individual description gives $96,242.50, not $173,276.50. It's possible these should apply in the end, but I'll throw her a bone. She needs one.
Gemini also counted $159.52 in taxi expenses that did not match any of my keywords. It missed $34,206.02 in qualifying Manatt entries and overcounted Willkie’s qualifying entries by $6,158.20.
Starting with Gemini’s total, I subtracted the amounts it overcounted and added the amount it missed:
Gemini’s total: $571,385.85
Subtract GBX overcount: −$77,034.00
Subtract Willkie overcount: −$6,158.20
Subtract taxi overcount: −$159.52
Add missing Manatt entries: +$34,206.02
Corrected total: $522,240.15
In other words, Gemini’s total was $49,145.70 too high. Claude matched the earlier $525,237.15 calculation, but that earlier methodology included one ambiguous $2,997 Willkie entry reading “Attention to motion for fees/sanctions.” I removed it because the description did not specifically connect the work to 47.1.
Basically, the billing records identify at least $522K in entries explicitly tied to 47.1, while the judge awarded about $407K in total. Even after crediting the entire award against those entries, asking for 47.1 still left her roughly $115K underwater.
I think a net loss on 47.1 in the Jed Wallace case is probably coming too, even if she eventually receives some fees there. That part is obviously just my prediction because there is no final award or complete comparable billing record yet.
TL;DR: Blake would have been at least 115K richer if she never tried for 47.1 in the first place.
Billing records:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1448.2_1.pdf
Court’s fee decision:
https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2024cv10049/634304/1452/
Edit: Clarified Gemini's calculation difference