RICO

News & Analysis as of

Fifth Circuit Dismisses RICO Claims Against MERS; Texas District Court Dismisses Similar Claims

On March 5, the U.S. Court of Appeals for the Fifth Circuit affirmed on different grounds the dismissals of two cases filed against MERS, the electronic mortgage registry, and its member banks, holding that the complaints...more

Eleventh Circuit Affirms Dismissal of RICO Claims

Is there a statute with a better acronym than RICO? The Racketeer Influenced and Corrupt Organizations Act, apart from its great acronym, has been both a great success and a tool for misuse. We don’t often see RICO...more

What Happens In Ecuador Does Not Stay In Ecuador

In last week’s decision in Chevron v. Donziger, the court enjoined the enforcement of a $9.5 billion Ecuadorian judgment against Chevron Corp. for environmental pollution, alleged to have been caused by its predecessor,...more

What Crimes Constitute Racketeering Activity?

If you are accused of being a member of an organization that has committed at least two crimes from a list of 35 within 10 years, you can be charged under the Racketeer Influenced and Corrupt Organizations (RICO) Act. If...more

The World in US Courts: US Laws Discussed - Fall 2013

We provide below alphabetically very brief summaries of key US laws addressed by cases summarized in this edition. Please note that these summaries provide a very simplified overview of the statutes and are not intended to...more

The World in US Courts: Decisions Discussed in This Issue: Fall 2013

Orrick is pleased to announce the third issue of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 33 new decisions that...more

Class Action Chronicle - Winter 2013

"In This Issue: - Courts Weighs in on Ascertainability - CLASS CERTIFICATION DECISIONS: ..Decision Granting Motion to Strike ..Decisions Denying Motions to Strike ..Decisions Rejecting/Denying...more

Engaging In A Pattern Of Corrupt Activity

Established in 1970, the Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, is a white-collar offense law that doles out harsh punishments for individuals who participate in organized crime. In the...more

If You Bring A Civil RICO Claim Against One Of Our Clients, You’d Better Be Blameless

The Racketeer Influenced and Corrupt Organizations Act, otherwise known as RICO, is a federal law aimed at prosecuting leaders of organizations when they order or assist others in racketeering. A common example is a...more

No Federal RICO Option for Failed State Worker’s Compensation Claims

Plaintiffs who failed in their state worker’s compensation claim cannot sue their employers and their medical experts under federal civil racketeering laws, the en banc 6th U.S. Circuit Court of Appeals has ruled....more

Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent Infringement Cases

A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case, FindTheBest.com, Inc. v....more

Banking & Financial Services E-Note: August 29, 2013

In This Issue: - World Leaders to Crack Down on Shadow Banking Industry - Obama Urges Lawmakers to Get Busy Finishing Dodd-Frank Rules - CFPB, RICO Pressure Big Banks to Rein in Credit Card Debt - States...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

In this issue, we discuss 28 new decisions by courts across the country and other authorities that address the "extraterritoriality" of US law, and consider whether disputes involving conduct outside the country may be...more

Defendants Must Keep Insurance Coverage Considerations in Mind When Settling Class Action Lawsuits

On July 18, 2013, a Pennsylvania appellate court held that class action defendant Cigna Corporation (Cigna) was not entitled to insurance coverage for any part of a settlement it paid to plaintiffs because Cigna did not...more

Portrait Of A Corrupt Internet Sweepstakes Café

Much of the impetus for the new ban on Ohio internet cafés was the perception that these cafes are vehicles for unregulated money laundering and other illegal activities....more

Irving Picard Loses Civil RICO Charges Against Medici Enterprise

The Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, provides the government with authority to prosecute for acts performed as part of an ongoing criminal organization and permits a civil cause of...more

Court Dismisses Foreign Banks from U.S. Lawsuit Alleging Complicity in Counterfeit and Illegal Online Drug Sales

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more

Southern District of New York Orders Chevron CEO and General Counsel to Testify in RICO Suit Related to $18 Billion Ecuadorian...

On May 14, 2013, Judge Lewis A. Kaplan of the Southern District of New York affirmed a magistrate judge's decision denying plaintiff Chevron Corporation's ("Chevron's") motion to quash deposition notices for Chevron CEO John...more

Cyber Outlook: Executive Order Implementation, Congressional Action & Regulatory Requirements and Enforcement

With the occurrence of near daily threats against the nation’s critical infrastructure (CI), cybersecurity continues to be a constant concern of owners and operators of CI, Congress and the Obama Administration. Responses to...more

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

Insurance Antitrust Legal News - May 2013 • Volume 2, Number 3

In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more

Anti-counterfeiting strategies in the United States

Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more

RICO Laws: Who, What And Why?

Racketeer Influenced and Corrupt Organizations Act, or RICO, is a federal law enacted in 1970. The original purpose of this was to help the police to bring mafia members to justice. It focuses on racketeering and provides...more

February 2013: Libor Litigation Update

UBS and Barclays Acknowledge Making False Libor Submissions. Investigations into misconduct at UBS and Barclays have revealed pervasive corruption of the London Interbank Offered Rate (“Libor”), which provides a benchmark for...more

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