Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Vicarious Liability — RICO Report Podcast
RICO Damages — RICO Report Podcast
AGG Talks: Antitrust and White-Collar Crime Roundup - Breaking Down Ongoing Litigation Against Trump and Colorado’s Primary Ballot
RICO Lawsuit Against Shein — RICO Report Podcast
RICO and Foreign Arbitration Enforcement - RICO Report Podcast
State RICO Statutes - RICO Report Podcast
Unlawful Debt Collection Claims - RICO Report Podcast
Mail and Wire Fraud Claims - RICO Report Podcast
Defining the RICO Racketeering Element - RICO Report Podcast
The “Pattern” of Racketeering Activity - Regulatory Oversight Podcast
The "Pattern" of Racketeering Activity - RICO Report Podcast
Understanding the RICO Enterprise Requirement - RICO Report Podcast
The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast
RICO Conduct (18 U.S.C. §§ 1962(a-d)) - RICO Report Podcast
The Justice Insiders: FIFA Corruption Trial – Will the Feds Score Another Goal?
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Introduction to RICO: What You Need to Know - RICO Report Podcast
Anatomy of a Successful Motion to Dismiss in RICO Case
In the House, lawmakers continue to make progress on the Clarity for Stablecoins Act (H.R. 4766). On March 19, at a press event hosted by Punchbowl News on the policy landscape for digital payments, outgoing House Financial...more
Amazon to invest in Diamond Sports as part of bankruptcy deal | ABC News - Diamond Sports has been in Chapter 11 bankruptcy proceedings since it filed for protection last March with debt of $8.67 billion. Amazon will partner...more
The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences....more
There is an emerging trend in products liability law whereby a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. In a recent installment of...more
GEICO, et al. v. Caring Pain Management PC, et al., Case No. 2:22-cv-05017(BRM)(JSA) 2023 WL 3749984 (U.S.D.C. District of New Jersey May 31, 2023) - The defendants (a series of medical providers) filed a motion to dismiss,...more
In a January 17, 2023 Client Alert, we addressed the U.S. Supreme Court’s decision to grant certiorari in CMB Monaco v. Smagin and Yegiazaryan v. Smagin, two cases which concern the use of the Racketeer Influenced and Corrupt...more
Takeaway: There are, essentially, two ways to defeat a RICO class action: through the denial of class certification or by the dismissal of the RICO claims on the merits. We have written a number of articles about both the...more
Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more
On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more
In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more
Takeaway: Over two years ago, the Eastern District of Texas denied a motion to dismiss a putative civil RICO class action alleging an “overcharge-by-fraud” theory, where the class representatives appeared to have suffered no...more
This edition of Regulatory Oversight spotlights recent RICO Report Podcast episode “Pattern of Racketeering Activity,” featuring two firm Regulatory Practice Group attorneys Chris Carlson and Mary Grace Metcalfe. In this...more
A class-action lawsuit was filed on July 12 in the U.S. District Court for the Eastern District of Arkansas alleging that cannabis testing companies inflated the amount of THC found in cannabis flower...more
In Part I of this series Defending RICO Claims in the Business Context, we described why a plan to defend against potential claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68,...more
On March 4, 2022, Judge Lewis Liman of the U.S. District Court for the Southern District of New York dismissed an 18-count complaint alleging a multi-year “loan-to-own” conspiracy—including claims of fraud, RICO and money...more
The Second Circuit Court of Appeals recently issued an opinion that potentially broadens the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO’s proximate...more
Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Sections 1961–68, over 51 years ago with the intent to close the gap in the criminal prosecution of organized crime. So why should...more
Taxpayers who file false tax returns with the IRS can find themselves in hot water. Indeed, section 7206(1) of the Internal Revenue Code (“Title 26”) makes it a felony to file a false return when the taxpayer knows that the...more
A grand jury in Pennsylvania recently indicted the former Dean of Temple University’s business school, Dr. Moshe Porat, for wire fraud, alleging that he submitted false data to U.S. News & World Report in an effort to...more
On March 30, 2021, the U.S. District Court for the Southern District of Florida entered an order dismissing all but one claim against Daimler AG and Mercedes-Benz USA, LLC (collectively, the “Mercedes Defendants”) in a...more
On February 2, 2021, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey declined to reconsider his dismissal of a RICO claim in a putative class action against BMW and automotive part supplier...more
Takeaway: To have standing to sue in federal court, Article III of the Constitution requires an injury in fact caused by the challenged conduct. Federal RICO standing requires a bit more: a RICO plaintiff must demonstrate an...more
Takeaway: To have standing to assert a civil RICO claim, federal RICO’s proximate cause requirement demands that there be a “direct relation” between the RICO violation and injury. ...more
Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more
A United States District Court (Rhode Island) (“Court”) addressed in a November 6th Order a procedural motion associated with a dispute regarding parties who had entered into a series of agreements to develop renewable energy...more