The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees...more
The Supreme Court’s recent decision in Yegiazaryan v. Smagin opens the door for foreign plaintiffs to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as an additional tool for collecting on international...more
The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more
In Yegiazaryan v. Smagin, the Supreme Court of the United States built upon its decision in RJR Nabisco, Inc. v. European Community, which concerned whether the Racketeer Influenced and Corrupt Organizations Act (“RICO”) ...more
Earlier this month, a Northern District of Illinois jury returned a verdict in favor of Motorola for over $700 million after a trial in which Motorola alleged that Hytera hired three engineers away from Motorola’s Malaysian...more
On August 29, 2019, the United States Court of Appeals for the Second Circuit affirmed the dismissal of an action under the Commodities Exchange Act (“CEA”) alleging that defendants manipulated the foreign benchmark for the...more
The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets. The Issue: The defendant sought to dismiss the action...more
On Oct. 30, 2017, the Second Circuit issued its opinion in Bascuñán v. Elsaca, becoming the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act...more
Last June, in RJR Nabisco v. European Union, a deeply divided U.S. Supreme Court resolved a three-way split among the federal courts to define the extraterritorial reach of the Racketeer Influenced and Corrupt Organizations...more
Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more
“Official Acts”—What They Are… and Are Not - Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act”...more
On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...more
The Supreme Court issued an important opinion on June 20, 2016, regarding the extraterritorial reach of the Racketeering Influenced and Corrupt Organizations Act (RICO) that may have real-world implications for companies...more
The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more
Adding to a line of decisions limiting the extraterritorial application of U.S. statutes, the U.S. Supreme Court yesterday issued its decision in RJR Nabisco v. European Community. In a 4-3 decision, the Court held that to...more
In an unusual four-member majority opinion in RJR Nabisco, Inc. v. European Community, the U.S. Supreme Court settled a host of controversial questions about the extraterritorial scope of the Racketeer Influenced and Corrupt...more
On June 20, 2016, the Supreme Court of the United States decided RJR Nabisco, Inc. et al. v. European Community et al., No. 15-138, holding that at least some of the substantive provisions of the Racketeer Influenced and...more