When the U.S. Supreme Court declines to review one of the thousands of cases presented to it each year, it typically does so in silence. So, when Justice Antonin Scalia penned a rare comment accompanying one such denial last week, it naturally captured the attention of court watchers. The comment — which was joined by Justice Clarence Thomas — should also catch the attention of the U.S. Securities and Exchange Commission and those who may find themselves in that agency's line of fire.
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Originally published by Law360 on November 18, 2014.
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