Caleb Jones In Arkansas Teacher Retirement System v. Countrywide Financial Corporation[1](Arkansas Teacher), a derivative claim arising out of the 2008 financial meltdown, the Delaware Supreme Court penned a case study on the procedural pitfalls that derivative suits face before their merits may be argued in court.  This action is the federal companion case to Arkansas…

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Stephen Weiss Third party financing in commercial litigation is a billion dollar industry and it provides a modern twist on investing while shaking the litigation landscape.  The practice allows third parties with no connection to lawsuits to provide funding to cover expenses in exchange for a return in the lawsuit’s outcome.[1] Stan Lee Media, Inc.…

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Laura Aboulhosn On September 11, 2013, the Federal Circuit Court held in Atar S.r.l v. United States[1] that the Department of Commerce (Commerce) acted reasonably in excluding below cost sales dating from prior administrative review when calculating the constructed value profit cap applicable to Atar’s merchandise.  This case grants Commerce the ability to have a…

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Kendra L. Clark In American Express Co. v. Italian Colors Restaurant,[1] the United States Supreme Court held with a 5-3 majority that the Federal Arbitration Act (FAA) does not allow courts to invalidate a contractual waiver of class action arbitration on the grounds that individual plaintiff’s arbitration costs exceed their potential recovery.  The Court clarified…

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