News & Analysis as of

RICO Unfair or Deceptive Trade Practices

Sheppard Mullin Richter & Hampton LLP

Minnesota AG Bans Tribal Lender from Doing Business within the State

On February 21, the Minnesota Attorney General settled an action against executives of a Montana-based tribal lender for alleged predatory lending practices. In its complaint, filed in October 2023, the AG alleged the company...more

Orrick, Herrington & Sutcliffe LLP

2nd Circuit affirms dismissal of FDCPA, FCRA, RICO action

On January 19, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a debt collection action related to alleged violations of the FCRA, FDCPA, and the Racketeer and Influenced and Corrupt Organizations...more

Goodwin

Appeal of Certification of Nationwide Class in ERISA Lawsuit

Goodwin on

On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the...more

Proskauer - Labor Relations Update

Third Circuit Rejects RICO Claim Filed Against Unions for Conduct During Corporate Campaign By Adopting A Union’s “Claim-of-Right”...

The Third Circuit issued a noteworthy split 2-1 decision last month, finding that a company’s claim under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) against several Unions failed, where the...more

Kilpatrick

S.D. Fla.: concealment theory warrants class treatment under FDUTPA but not RICO

Kilpatrick on

Takeaway:  Class actions brought under federal RICO present significant risks for defendants.  They present the opportunity for certification of nationwide or multi-state classes under a federal statute, and the remedies...more

Eversheds Sutherland (US) LLP

Legal Alert: DOJ and CFTC team up on spoofing enforcement

On September 16, 2019, the US Department of Justice (DOJ) indicted three precious metals traders for allegedly violating six criminal statutes, including the Racketeer Influenced and Corrupt Organizations Act...more

A&O Shearman

DOJ Charges Three Traders Under RICO In Alleged Spoofing Scheme

A&O Shearman on

On September 16, 2019, an indictment was unsealed revealing that the Department of Justice (“DOJ”) has charged three traders at a global banking and financial services company with conspiracy to engage in a pattern of...more

Katten Muchin Rosenman LLP

Bridging The Week - September 2019 #3

The Department of Justice raised the stakes in spoofing enforcement actions by including racketeering charges in an indictment filed last week alleging spoofing by three traders over many years. The Commodity Futures Trading...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

On Wednesday, Wells Fargo revealed that it reached a settlement with the DOJ after months of negotiating that will see the bank pay $2.09 billion to resolve allegations over its sales of toxic mortgage-backed securities in...more

Ballard Spahr LLP

Federal jury convicts operator of payday lenders sued by CFPB and FTC

Ballard Spahr LLP on

Richard Moseley Sr., the operator of a group of interrelated payday lenders, was convicted by a federal jury on all criminal counts in an indictment filed by the Department of Justice, including violating the Racketeer...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2016 #3

Wikipedia Link Trips up Ninth Circuit False Ad Suit - Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth...more

Womble Bond Dickinson

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

Womble Bond Dickinson on

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

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