u/Ok-Engineer-2503

Missing 2026 Invoice Numbers + Dates and Other Questions About Lively's Fee Submission

Missing 2026 Invoice Numbers + Dates and Other Questions About Lively's Fee Submission

Question #1: Why do Michael Gottlieb's invoice numbers and invoice dates stop in 2026?

Exhibit B is divided into ~six separate billing lists—three for Willkie Farr & Gallagher and three for Manatt, Phelps & Phillips.

Every one of those lists includes a place for an Invoice Number and Invoice Date for each billing entry.

On all three of Willkie's lists, the Invoice Number and Invoice Date are filled in for the 2025 entries. Beginning with the 2026 entries, however, the Invoice Number and Invoice Date are suddenly missing on Willkie's first and third list. See photos. The second list stops in 2025 so there is no entries in 2026. (note they also have a second 3rd-expense list with a few 2026 entires, that is just confusing, but in general 2026 has missing invoice dates and numbers).

On Manatt's lists, there are no missing Invoice Numbers or Invoice Dates for any year.

There may be a simple explanation for this, but I'm curious why Michael Gottlieb's firm's billing lists no longer include invoice numbers or invoice dates beginning in 2026. I can't say I know but it looks like something changed in 2026 or they are rather behind in their invoicing.

https://preview.redd.it/0cvj4l130abh1.png?width=2042&format=png&auto=webp&s=e2f01b4e30b5e39cdce2697c72ece4d382f78196

https://preview.redd.it/uivjiyd50abh1.png?width=1991&format=png&auto=webp&s=0fd4c7ea0afbb6ce1bc2f5b2944a7d6be5d071c7

https://preview.redd.it/1onup2080abh1.png?width=2058&format=png&auto=webp&s=c66948f3cf8c74a6826000e219c42d844d330f22

Question #2: How do Manatt's billing lists correspond to the expert's categories?

Edit: I am deleting this one because i do think Manatt has three lists as well.

Question #3: Who categorized the billing and made the legal distinctions?

I also couldn't figure out who decided which fees were categorized as "Fees Related to Defense of Matter" and which were categorized as "Fees Related to Both Matters." (and what fees were categorized as just related to Lively and were excluded)

The methodology isn't clear. Did the expert review the billing and make those determinations herself? Or was she given "invoice spreadsheets" she mentioned that had already been categorized by someone else? Lawyers? Maybe I missed an explanation somewhere. Maybe it doesn't matter (if i was paying 8m, it would matter).

These are legal distinctions, not accounting questions, so I think it's fair to ask who made those categorization decisions and how they were made. Did lawyers make these and which ones?

If you're asking the court and the opposing party to rely on spreadsheets instead of invoices (which you can do it seems), those spreadsheets should stand on their own and clearly explain the fee request. I think they should at least track with the categories and be labeled so you can follow along a little better. I wonder if others who have not provided invoices to courts, have presented something with so many questions. Maybe you can get creative with how you present it. This I do not know, but I find the missing 2026 invoices # odd at least.

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u/Ok-Engineer-2503 — 1 day ago

If anyone is interested in a lawyer’s take on the contract claims, this is from Emily D. Baker. She is also represented by WME ironically in case anyone didn't know that. I know some people felt she was not fair in her early coverage. What stood out in her recent MSJ video: her discussion of the "strategic vagueness" around the contract claims.

There are a number of perspectives on this, and it’s not necessarily a black-and-white issue. Here is one from Emily that may help explain why the claims were not clearly tied down early or refiled, especially when you consider the estoppel implications and the fact that other issues in the case likely took priority. So for anyone curious...I included a summary below for anyone who doesn’t want to watch the full video, especially the parts on judicial estoppel.

Gemini summary of the estoppel points with time stamps:
The speaker explains that Blake Lively's legal team attempted to use the doctrine of judicial estoppel to argue that because the defendants had previously alleged a breach of the implied covenant of good faith, they were effectively admitting the Actor Loan-Out Agreement (ALA) was a valid and binding contract. (34:01 - 34:34). The speaker explains the plaintiff, Blake Lively, was 'legally outmaneuvered' by the defendants. The defendants successfully avoided being estopped because they maintained strategic vagueness in their earlier filings, preventing the court from adopting a position that could be used against them. The court noted that the WP avoided being estopped because:

  • Failure to specify: In their previous cross-complaint, the defendants never specifically identified which contract (out of the deal letter, the ALA, or the contract rider agreement) they were suing under. (37:34 - 38:27)
  • Absence of the ALA: They did not attach the ALA to their amended complaint, nor did they quote the relevant language of the contract in a way that the court adopted as a binding position. (38:01 - 38:27)
  • Conclusory allegations: Because the court had previously dismissed the defendants' implied covenant claim on the grounds that it was 'conclusory' and failed to identify the relevant contract, there was no 'adopted' position by the court that Lively could now leverage against them. (38:42 - 39:27)The speaker concludes that by choosing not to amend their cross-complaint to specify the ALA after the court granted them leave to do so, the defendants successfully avoided being 'estopped' from later arguing that the contract was invalid and unenforceable. (39:27 - 40:42)

Direct quotes: . She states, "She was absolutely outmaneuvered" and later notes that the plaintiff was "just legally outmaneuvered" by the defense's strategy involving the unsigned contracts. (34:34 - 34:42)

Emily D. Baker MSJ

u/Ok-Engineer-2503 — 2 months ago