Sachs as amicus curiae in Atlantic Marine v. District Court although the real respondent is J-Crew Management. Moreover, there is at least a three-way conflict among the circuits about how to resolve the question, but as a natural artifact of the adversarial process, the parties have only focused on defending two of them. This strikes me as an important place for scholars to weigh in. The parties in this case defend two sides of a many-sided circuit split.
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