Daniel Mandell is completing a clerkship at the United States District Court for the Eastern District of New York. He previously was an associate at the law firm that represented Benjamin Steinmetz and BSG Resources in Rio Tinto plc v. Vale S.A., et al., No. 14-cv-3042 (RJB) (AJP) (S.D.N.Y. filed Apr. 30, 2014). The views expressed herein are solely his own and do not represent the views of the U.S. District Court, the U.S. government, or any other person or entity. He thanks Magistrate Judge Steve Gold for his review of this paper.