News & Analysis as of

RICO Domestic Injury

BakerHostetler

Supreme Court Expands Understanding of Rico “Domestic Injury” Requirement in Yegiazaryan v. Smagin

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On June 22, 2023, in Ashot Yegiazaryan, aka Ashot Egiazaryan v. Vitaly Ivanovich Smagin, et al., the United States Supreme Court held that the determination of whether a nonresident plaintiff suffered a domestic injury for...more

Jenner & Block

US Supreme Court Permits Foreign Plaintiff to Bring RICO Suit for Evading Attempts to Enforce an International Arbitral Award

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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

A&O Shearman

Yegiazaryan v. Smagin: RICO Becomes a Tool for Foreign Plaintiffs to Collect on Arbitration Awards in the U.S.

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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

Jenner & Block

Client Alert: US Supreme Court Permits Foreign Plaintiff To Bring RICO Suit for US Acts To Frustrate Enforcement of an...

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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

Foley Hoag LLP

SCOTUS Resolves Circuit Split on How to Assess Domestic Injury Under RICO

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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

King & Spalding

U.S. Supreme Court Holds Plaintiffs May Use RICO to Enforce Foreign Arbitral Awards

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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

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Summer 2019

US Domestic Injury Found Where Theft Deemed to Have Occurred when Funds Transferred from US Bank Account Bascuñán v. Elsaca, US Court of Appeals for the Second Circuit, June 13, 2019 This opinion reflects the second time...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Spring 2019

Non-US Plaintiffs Allegedly Defrauded by Fund’s Investment in US Life Insurance Proceeds did not Suffer a US Domestic Injury Within the Meaning of RICO. ...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Spring 2019

No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer....more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in US Courts: Spring 2018

RICO Claim Against US Entities Rejected Because Injury to Potential Legal Claims Was “Suffered” Only in Non-US Location Where Plaintiff Was Based - Armada (Singapore) Pte Limited v. Amcol International Corporation, US...more

Jones Day

Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

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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

BakerHostetler

Second Circuit Clarifies Civil Rico "Domestic Injury" Requirement

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On Monday, the Second Circuit brought a measure of clarity to the debate about the definition of a domestic injury under the Racketeering Influence and Corrupt Organizations Act (RICO), while also seeming to announce a new...more

Orrick, Herrington & Sutcliffe LLP

What the Second Circuit Did and Didn't Tell Us About RICO's Reach

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

Orrick, Herrington & Sutcliffe LLP

The World In U.S. Courts - Summer 2017

Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more

Orrick, Herrington & Sutcliffe LLP

Deciphering RJR Nabisco's 'Domestic Injury' Requirement

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

Orrick, Herrington & Sutcliffe LLP

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

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations and White Collar Defense - July 2016

“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

King & Spalding

International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

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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

Holland & Knight LLP

Supreme Court: RICO Has Extraterritorial Reach But Requires Domestic Injury

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"US Supreme Court Continues to Limit Extraterritorial Application of US Laws"

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides RJR Nabisco, Inc. et al. v. European Community et al.

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

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