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Expert Analysis

What An 8-Justice Court Could Mean For White Collar Cases

Law360, New York (March 17, 2016, 3:22 PM EDT) -- Despite the speculative ideological divide left in the wake of Justice Antonin Scalia's untimely death, the U.S. Supreme Court's five post-Scalia decisions, each decided 6-2 or better, have reflected appreciable consensus. But notwithstanding President Barack Obama's nomination of D.C. Circuit Chief Judge Merrick Garland to fill Justice Scalia's seat, uncertainty remains concerning the fate of cases that may realistically face a 4-4 tie. Here's how the eight-justice court might decide two pending cases that carry sweeping implications for white collar litigation:...

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