https://simplecast.com RICO Report Join Troutman Pepper Locke 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). While often associated with organized crime or gang activity, RICO's reach actually covers much more than what many think of as traditional "racketeering." Criminal prosecutors and civil litigants commonly use RICO to bring cases against individuals and organizations engaging in more conventional business activity, often by claiming various types of fraud that violate broad federal statutes encompassing a myriad of conduct far more likely to be alleged against a businessperson than a mafia crime boss (e.g., mail fraud, wire fraud, computer fraud, bank fraud, among others). During this series, Cal discusses the history and various elements of RICO, including examining its predicate acts, interviewing RICO newsmakers, and analyzing RICO cases with other RICO practitioners. © 2022-2026 Troutman Pepper Locke LLP. All Rights Reserved. en-us Wed, 1 Apr 2026 13:00:00 +0000 Wed, 1 Apr 2026 13:00:12 +0000 https://rico-report.simplecast.com RICO Report https://image.simplecastcdn.com/images/a09d927c-18c2-41a0-a6ac-68c14f270a18/eeb0b3c7-ea19-45a9-9545-82ffccd5e449/3000x3000/tpl-podcasts-ricoreport-cover.jpg?aid=rss_feed https://rico-report.simplecast.com episodic Join Troutman Pepper Locke 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). While often associated with organized crime or gang activity, RICO's reach actually covers much more than what many think of as traditional "racketeering." Criminal prosecutors and civil litigants commonly use RICO to bring cases against individuals and organizations engaging in more conventional business activity, often by claiming various types of fraud that violate broad federal statutes encompassing a myriad of conduct far more likely to be alleged against a businessperson than a mafia crime boss (e.g., mail fraud, wire fraud, computer fraud, bank fraud, among others). During this series, Cal discusses the history and various elements of RICO, including examining its predicate acts, interviewing RICO newsmakers, and analyzing RICO cases with other RICO practitioners. Callan G. Stein, Troutman Pepper Locke false https://feeds.simplecast.com/RTTa10aa RICO, health sciences, racketeer influenced and corrupt organizations act, troutman pepper, white collar Troutman Pepper Locke nicole.sparkswatts@troutman.com 12c5e78c-60e0-49ab-9a5e-2dee04ca64b6 One Year After Horn: How Lower Courts Are Applying RICO's Expanded Damages In this episode, host Cal Stein revisits the U.S. Supreme Court's decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. He briefly recaps Horn's narrow holding that certain economic harms flowing from personal injuries can satisfy RICO's "business or property" requirement, then walks through early district court decisions. Cal explains how courts are resisting efforts to turn RICO into a personal-injury regime, pulling back from reliance on antitrust/Clayton Act precedent, and often avoiding broad new rulings on what counts as a RICO "injury" by resolving cases on causation grounds instead. He closes with practical guidance for defense counsel on framing motions to dismiss in this evolving landscape.

Key topics include:

  • 1:57 – Recap of Medical Marijuana, Inc. v. Horn.
  • 5:57 – Lesson #1: The personal injury civil RICO "floodgates" have not opened . . . yet.
  • 10:49 – Lesson #2: The door to using antitrust precedent in RICO cases may be closing.
  • 16:32 – Lesson #3: Courts remain hesitant to grapple with the definition of "injury."

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]]> Wed, 1 Apr 2026 13:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/one-year-after-horn-how-lower-courts-are-applying-ricos-expanded-damages-cmFogcRl In this episode, host Cal Stein revisits the U.S. Supreme Court's decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. He briefly recaps Horn's narrow holding that certain economic harms flowing from personal injuries can satisfy RICO's "business or property" requirement, then walks through early district court decisions. Cal explains how courts are resisting efforts to turn RICO into a personal-injury regime, pulling back from reliance on antitrust/Clayton Act precedent, and often avoiding broad new rulings on what counts as a RICO "injury" by resolving cases on causation grounds instead. He closes with practical guidance for defense counsel on framing motions to dismiss in this evolving landscape.

Key topics include:

  • 1:57 – Recap of Medical Marijuana, Inc. v. Horn.
  • 5:57 – Lesson #1: The personal injury civil RICO "floodgates" have not opened . . . yet.
  • 10:49 – Lesson #2: The door to using antitrust precedent in RICO cases may be closing.
  • 16:32 – Lesson #3: Courts remain hesitant to grapple with the definition of "injury."

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]]> One Year After Horn: How Lower Courts Are Applying RICO's Expanded Damages Cal Stein 00:24:00 Cal Stein revisits the U.S. Supreme Court's decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. Cal Stein revisits the U.S. Supreme Court's decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. rico, antitrust, medical marijuana, racketeer influenced and corrupt organizations act, cannabis false full 1 5 519857dc-6ea0-4ba7-9fbc-dd8f8ce258aa Curtailing Civil RICO: The Rise and Fall of Securities Fraud Claims Under the PSLRA In this episode of the RICO Report, host Cal Stein examines the dramatic shift in civil RICO cases based on securities fraud following the enactment of the Private Securities Litigation Reform Act (PSLRA) of 1995. He explains how the PSLRA broadly prohibits using securities fraud as a predicate act in civil RICO claims, with a narrow exception for cases involving a criminal conviction. Stein discusses the legislative history, key court decisions interpreting the statute, and the limited circumstances under which plaintiffs can pursue such claims today. The episode highlights how these changes have significantly reduced the number of civil RICO securities fraud cases and provides practical guidance for defense counsel facing these claims.

Key topics include:

  • History of civil securities fraud RICO cases (1:45)
  • The Prive Securities Litigation Reform Act (PSLRA) exclusion (6:45)
  • The criminal conviction exception to the PSLRA exclusion (9:34)
  • Application of the PSLRA exclusion to other claims involving securities (13:23)
  • Application of the PSLRA exclusion if plaintiff cannot bring the claim directly under securities laws (15:52).

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]]> Fri, 17 Oct 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/curtailing-civil-rico-the-rise-and-fall-of-securities-fraud-claims-under-the-pslra-MGqhSq2h In this episode of the RICO Report, host Cal Stein examines the dramatic shift in civil RICO cases based on securities fraud following the enactment of the Private Securities Litigation Reform Act (PSLRA) of 1995. He explains how the PSLRA broadly prohibits using securities fraud as a predicate act in civil RICO claims, with a narrow exception for cases involving a criminal conviction. Stein discusses the legislative history, key court decisions interpreting the statute, and the limited circumstances under which plaintiffs can pursue such claims today. The episode highlights how these changes have significantly reduced the number of civil RICO securities fraud cases and provides practical guidance for defense counsel facing these claims.

Key topics include:

  • History of civil securities fraud RICO cases (1:45)
  • The Prive Securities Litigation Reform Act (PSLRA) exclusion (6:45)
  • The criminal conviction exception to the PSLRA exclusion (9:34)
  • Application of the PSLRA exclusion to other claims involving securities (13:23)
  • Application of the PSLRA exclusion if plaintiff cannot bring the claim directly under securities laws (15:52).

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]]> Curtailing Civil RICO: The Rise and Fall of Securities Fraud Claims Under the PSLRA Cal Stein 00:21:25 Cal Stein examines the dramatic shift in civil RICO cases based on securities fraud following the enactment of the Private Securities Litigation Reform Act (PSLRA) of 1995. Cal Stein examines the dramatic shift in civil RICO cases based on securities fraud following the enactment of the Private Securities Litigation Reform Act (PSLRA) of 1995. rico act, racketeer influenced and corrupt organizations act, private securities litigation reform act, pslra act, securities fraud false full 4 4 467ea119-fda6-4919-b5e1-1b771aba7864 RICO Section 1962(b): Acquisition or Maintenance of Control Over Legitimate Enterprises In this episode of the RICO Report, host Cal Stein explores the intricacies of Section 1962(b) of the RICO statute. Though used more sparingly than Section 1962(c), this important section of RICO addresses the acquisition or maintenance of control over legitimate enterprises through racketeering activity. The discussion covers the applicability of Section 1962(b) beyond traditional mafia scenarios, including in modern corporate and labor union contexts, as well as causation issues and reasons why a RICO plaintiff might opt for a Section 1962(b) claim. The episode provides valuable insights into the complexities of pursuing claims under Section 1962(b) and its relevance in today's business world.

Specific topics include:

  • Overview of Section 1962(b) of RICO (2:12);
  • Acquisition or maintenance of control over an enterprise (6:02);
  • Causation under Section 1962(b): Damages must flow from the acquisition/maintenance of control (10:50);
  • Reasons a plaintiff might use Section 1962(b) (14:17).

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]]> Tue, 8 Jul 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/rico-section-1962b-acquisition-or-maintenance-of-control-over-legitimate-enterprises-su5P5d49 In this episode of the RICO Report, host Cal Stein explores the intricacies of Section 1962(b) of the RICO statute. Though used more sparingly than Section 1962(c), this important section of RICO addresses the acquisition or maintenance of control over legitimate enterprises through racketeering activity. The discussion covers the applicability of Section 1962(b) beyond traditional mafia scenarios, including in modern corporate and labor union contexts, as well as causation issues and reasons why a RICO plaintiff might opt for a Section 1962(b) claim. The episode provides valuable insights into the complexities of pursuing claims under Section 1962(b) and its relevance in today's business world.

Specific topics include:

  • Overview of Section 1962(b) of RICO (2:12);
  • Acquisition or maintenance of control over an enterprise (6:02);
  • Causation under Section 1962(b): Damages must flow from the acquisition/maintenance of control (10:50);
  • Reasons a plaintiff might use Section 1962(b) (14:17).

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]]> RICO Section 1962(b): Acquisition or Maintenance of Control Over Legitimate Enterprises Cal Stein 00:20:02 In this episode of the RICO Report, host Cal Stein explores the intricacies of Section 1962(b) of the RICO statute. In this episode of the RICO Report, host Cal Stein explores the intricacies of Section 1962(b) of the RICO statute. rico statute, rico, rico section 1962(b), state rico, federal rico, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 3 4 bfba365b-51ff-4b9a-8104-a4d58c189190 The Impact of the Horn Case on RICO In this installment, Cal discusses the recent U.S. Supreme Court case Medical Marijuana Inc. v. Horn that settled the longstanding Circuit Court split over whether personal injuries are ever compensable under the RICO statute. In its ruling, the Supreme Court broadened the scope of RICO by ruling RICO plaintiffs may, in some circumstances, recover damages that are derived from personal injuries. Cal explores the Supreme Court's reasoning in reaching this conclusion, the possible consequences of it (including a likely substantial increase in the number of RICO cases), and some strategies for how the defense bar may be able to use the Supreme Court's decision (which appears to be very plaintiff-friendly) to ward off what will almost certainly be a spate of personal injury-based RICO cases.

Specific topics include:

  • 1:49 – Facts and procedural history: Medical Marijuana Inc. v. Horn;
  • 8:44 – Personal injuries can satisfy RICO's civil standing requirement of injury to one's "business or property";
  • 16:00 – Opening the floodgates: are we going to see an explosion of "personal injury RICO" cases?;
  • 19:08 – Silver lining for the defense bar: SCOTUS broadens RICO damages but emphasizes the directness requirement;
  • 23:20 – SCOTUS declines to specify what damages can "derive" from personal injuries.

Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law.


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]]> Mon, 7 Apr 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/horn-case-9KvG2Htl In this installment, Cal discusses the recent U.S. Supreme Court case Medical Marijuana Inc. v. Horn that settled the longstanding Circuit Court split over whether personal injuries are ever compensable under the RICO statute. In its ruling, the Supreme Court broadened the scope of RICO by ruling RICO plaintiffs may, in some circumstances, recover damages that are derived from personal injuries. Cal explores the Supreme Court's reasoning in reaching this conclusion, the possible consequences of it (including a likely substantial increase in the number of RICO cases), and some strategies for how the defense bar may be able to use the Supreme Court's decision (which appears to be very plaintiff-friendly) to ward off what will almost certainly be a spate of personal injury-based RICO cases.

Specific topics include:

  • 1:49 – Facts and procedural history: Medical Marijuana Inc. v. Horn;
  • 8:44 – Personal injuries can satisfy RICO's civil standing requirement of injury to one's "business or property";
  • 16:00 – Opening the floodgates: are we going to see an explosion of "personal injury RICO" cases?;
  • 19:08 – Silver lining for the defense bar: SCOTUS broadens RICO damages but emphasizes the directness requirement;
  • 23:20 – SCOTUS declines to specify what damages can "derive" from personal injuries.

Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law.


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]]> The Impact of the Horn Case on RICO Cal Stein 00:28:05 Cal Stein discusses the recent U.S. Supreme Court case Medical Marijuana Inc. v. Horn that settled the longstanding Circuit Court split over whether personal injuries are ever compensable under the RICO statute. Cal Stein discusses the recent U.S. Supreme Court case Medical Marijuana Inc. v. Horn that settled the longstanding Circuit Court split over whether personal injuries are ever compensable under the RICO statute. rico statute, personal injury, rico, state rico, federal rico, medical marijuana, racketeer influenced and corrupt organizations act, federal rico statute, medical marijuana v. horn, cannabis, racketeering false full 2 4 31c95269-410f-439e-af9f-1cf061581dca RICO's Person/Enterprise Distinction Fri, 14 Feb 2025 17:00:04 +0000 nicole.sparkswatts@troutman.com (callan stein) https://rico-report.simplecast.com/episodes/ricos-person-enterprise-distinction-97XapL_8 RICO's Person/Enterprise Distinction callan stein 00:26:23 Join Troutman Pepper Locke 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, Cal discusses the critical issue of the person/enterprise distinction that frequently arises in RICO litigation. RICO requires every plaintiff bringing a claim under Section 1962(c) to identify both a RICO person and RICO enterprise that are distinct from each other. Cal explores the specific contours of this distinction, how it has been shaped by opinions issued by the U.S. Supreme Court and multiple circuit courts, and how it is frequently litigated, including at the motion to dismiss stage. Specific topics include: What is the RICO person/enterprise distinction? (1:47); The Cedric Kushner case: when a RICO person and a RICO enterprise are distinct (8:18); Rejected RICO enterprises: corporations plus owners/employees/subsidiaries (16:02); Litigating the person/enterprise distinction at the motion to dismiss stage (23:18). Join Troutman Pepper Locke 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, Cal discusses the critical issue of the person/enterprise distinction that frequently arises in RICO litigation. RICO requires every plaintiff bringing a claim under Section 1962(c) to identify both a RICO person and RICO enterprise that are distinct from each other. Cal explores the specific contours of this distinction, how it has been shaped by opinions issued by the U.S. Supreme Court and multiple circuit courts, and how it is frequently litigated, including at the motion to dismiss stage. Specific topics include: What is the RICO person/enterprise distinction? (1:47); The Cedric Kushner case: when a RICO person and a RICO enterprise are distinct (8:18); Rejected RICO enterprises: corporations plus owners/employees/subsidiaries (16:02); Litigating the person/enterprise distinction at the motion to dismiss stage (23:18). state rico statute, rico, state rico, federal rico, rjr nabisco, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 1 4 83ef234d-69af-4927-9047-1bc44d21581c Extraterritoriality 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, Cal discusses the issue of extraterritoriality in the context of RICO claims. Does the RICO statute reach conduct that occurred outside the U.S.? And how have federal courts addressed the extraterritorial application of RICO, particularly in the civil context?

Specific topics include:

  • The presumption against federal statutes applying extraterritorially (4:28);
  • Application of this "bright line" presumption to RICO (6:40);
  • The RJR Nabisco Case: SCOTUS finds RICO can apply extraterritorially depending on the predicate acts (10:54);
  • The "domestic injury" requirement of RICO (15:42).

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]]> Thu, 24 Oct 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/extraterritoriality-MewL89mL 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, Cal discusses the issue of extraterritoriality in the context of RICO claims. Does the RICO statute reach conduct that occurred outside the U.S.? And how have federal courts addressed the extraterritorial application of RICO, particularly in the civil context?

Specific topics include:

  • The presumption against federal statutes applying extraterritorially (4:28);
  • Application of this "bright line" presumption to RICO (6:40);
  • The RJR Nabisco Case: SCOTUS finds RICO can apply extraterritorially depending on the predicate acts (10:54);
  • The "domestic injury" requirement of RICO (15:42).

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]]> Extraterritoriality Cal Stein 00:21:46 In this episode, Troutman Pepper Partner Cal Stein discusses the issue of extraterritoriality in the context of RICO claims. In this episode, Troutman Pepper Partner Cal Stein discusses the issue of extraterritoriality in the context of RICO claims. state rico statute, rico, state rico, federal rico, rjr nabisco, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 5 3 8f0d5555-8195-40da-8a98-0fc884dc3d0a Navigating Civil Standing Requirements for Defense Success 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, Cal discusses RICO's civil standing requirement and explores how it can be used by the defense bar to defend RICO cases, particularly at the motion to dismiss stage.

Specific topics include:

  • Overview of RICO's Civil Standing Requirements (1:30);
  • Injury to "Business or Property" Requirement (4:44);
  • RICO's "By Reason Of" Standing Causation Requirement (8:03);
  • RICO Standing In Business Competitor Lawsuits (14:09).

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]]> Thu, 5 Sep 2024 13:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/navigating-civil-standing-requirements-for-defense-success-cqq9K0Bo 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, Cal discusses RICO's civil standing requirement and explores how it can be used by the defense bar to defend RICO cases, particularly at the motion to dismiss stage.

Specific topics include:

  • Overview of RICO's Civil Standing Requirements (1:30);
  • Injury to "Business or Property" Requirement (4:44);
  • RICO's "By Reason Of" Standing Causation Requirement (8:03);
  • RICO Standing In Business Competitor Lawsuits (14:09).

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]]> Navigating Civil Standing Requirements for Defense Success Cal Stein 00:22:12 Cal Stein discusses RICO's civil standing requirement and explores how it can be used by the defense bar to defend RICO cases, particularly at the motion to dismiss stage. Cal Stein discusses RICO's civil standing requirement and explores how it can be used by the defense bar to defend RICO cases, particularly at the motion to dismiss stage. state rico statute, motion to dismiss, rico, state rico, federal rico, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 4 3 7419f9d9-4943-4c32-95bf-dd3accadea9c Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries 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, Cal discusses an upcoming U.S. Supreme Court case that will resolve a long-standing circuit split by determining whether recoverable RICO damages include those stemming from economic harm arising from personal injuries. Specific topics include:

  • The Horn case and the District and Circuit Courts' rulings on RICO standing (1:10);
  • The "antecedent personal injury bar" and the Second Circuit's rejection of it (7:00);
  • The distinction between bodily harm and economic harm flowing from personal injury (14:55);
  • The Circuit split and how the Supreme Court will resolve it (17:30); and
  • Impact of the Supreme Court's decision on tort and products liability cases (22:53).

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]]> Mon, 20 May 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/supreme-court-to-settle-circuit-split-regarding-rico-damages-arising-from-personal-injuries-crZk07fL 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, Cal discusses an upcoming U.S. Supreme Court case that will resolve a long-standing circuit split by determining whether recoverable RICO damages include those stemming from economic harm arising from personal injuries. Specific topics include:

  • The Horn case and the District and Circuit Courts' rulings on RICO standing (1:10);
  • The "antecedent personal injury bar" and the Second Circuit's rejection of it (7:00);
  • The distinction between bodily harm and economic harm flowing from personal injury (14:55);
  • The Circuit split and how the Supreme Court will resolve it (17:30); and
  • Impact of the Supreme Court's decision on tort and products liability cases (22:53).

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]]> Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries Cal Stein 00:27:41 In this RICO Podcast episode, Troutman Pepper's Cal Stein discusses an upcoming Supreme Court case that will determine if RICO damages include those from economic harm due to personal injuries. The episode covers the Horn case, the "antecedent personal injury bar," and the potential impact on tort and product liability cases. In this RICO Podcast episode, Troutman Pepper's Cal Stein discusses an upcoming Supreme Court case that will determine if RICO damages include those from economic harm due to personal injuries. The episode covers the Horn case, the "antecedent personal injury bar," and the potential impact on tort and product liability cases. dixie holdings, state rico statute, personal injury, dixie elixirs red dice holding, inc., rico, personal injuries, state rico, federal rico, horn v. medical marijuana, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 3 3 870dc2be-522e-47ce-be18-c568dcec6a2f RICO Vicarious Liability 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, Cal discusses RICO cases that are brought both against individuals involved in racketeering activity, as well as their employers, under a theory of vicarious liability or respondeat superior. Specific topics include:

  • General criteria for vicarious liability (2:20);
  • Policy arguments for vicarious liability in the RICO context (5:41);
  • Vicarious liability for Section 1962(c) RICO claims (7:58);
  • Vicarious liability for Section1962(a) and Section1962(b) claims (11:22);
  • Vicarious liability for Section1962(d) claims (13:52);
  • Congressional failure to clarify vicarious liability for RICO claims (14:29); and
  • Using vicarious liability arguments to dismiss RICO claims (17:45).

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]]> Thu, 28 Mar 2024 13:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/rico-vicarious-liability-PRyHTd8E 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, Cal discusses RICO cases that are brought both against individuals involved in racketeering activity, as well as their employers, under a theory of vicarious liability or respondeat superior. Specific topics include:

  • General criteria for vicarious liability (2:20);
  • Policy arguments for vicarious liability in the RICO context (5:41);
  • Vicarious liability for Section 1962(c) RICO claims (7:58);
  • Vicarious liability for Section1962(a) and Section1962(b) claims (11:22);
  • Vicarious liability for Section1962(d) claims (13:52);
  • Congressional failure to clarify vicarious liability for RICO claims (14:29); and
  • Using vicarious liability arguments to dismiss RICO claims (17:45).

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]]> RICO Vicarious Liability Cal Stein 00:19:47 Troutman Pepper Partner Cal Stein discusses RICO cases that are brought both against individuals involved in racketeering activity, as well as their employers, under a theory of vicarious liability or respondeat superior. Troutman Pepper Partner Cal Stein discusses RICO cases that are brought both against individuals involved in racketeering activity, as well as their employers, under a theory of vicarious liability or respondeat superior. state rico statute, respondeat superior, rico, state rico, federal rico, vicarious liability, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 2 3 071ccd8b-b8da-4dca-8e9a-0362241c0a9a RICO Damages 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, Cal discusses the ins and outs of the civil remedy provision of RICO and RICO damages. Specific topics include:
  • Legal history and overview of RICO damages (2:10);
  • Availability of out-of-pocket, restitution, and consequential damages to RICO plaintiffs (4:58);
  • Lack of standing for RICO plaintiffs to assert derivative damages (7:38);
  • Exclusion of personal injury damages under RICO (10:54);
  • Possibility of punitive damages being duplicative and unavailable under RICO (13:26); and
  • Treble damages and attorneys' fees under RICO (15:35).

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]]> Wed, 13 Mar 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/rico-damages-QgTYOWSE 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, Cal discusses the ins and outs of the civil remedy provision of RICO and RICO damages. Specific topics include:
  • Legal history and overview of RICO damages (2:10);
  • Availability of out-of-pocket, restitution, and consequential damages to RICO plaintiffs (4:58);
  • Lack of standing for RICO plaintiffs to assert derivative damages (7:38);
  • Exclusion of personal injury damages under RICO (10:54);
  • Possibility of punitive damages being duplicative and unavailable under RICO (13:26); and
  • Treble damages and attorneys' fees under RICO (15:35).

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]]> RICO Damages Cal Stein 00:19:27 In this installment, Troutman Pepper Partner Cal Stein discusses the ins and outs of the civil remedy provision of RICO and RICO damages. In this installment, Troutman Pepper Partner Cal Stein discusses the ins and outs of the civil remedy provision of RICO and RICO damages. state rico statute, rico, state rico, federal rico, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 1 3 11471320-c89f-4518-a2aa-27f0a310b9fc RICO Lawsuit Against Shein 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, Cal welcomes Troutman Pepper Intellectual Property Partner Austin Padgett to discuss the recent RICO lawsuit against fast-fashion giant, Shein, and what it means for the industry. Specific topics include:

  • Background on the fast-fashion industry and the Shein companies (2:00);
  • Plaintiffs' claims and factual allegations against Shein (5:12);
  • The alleged Shein RICO "enterprise" (7:41);
  • Shein's alleged "racketeering activity": criminal copyright infringement (14:38);
  • "Pattern" allegations: Reliance on other lawsuits against Shein (23:30); and
  • Key takeaway: RICO claim threatens the core of the fast-fashion industry (28:32).

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]]> Wed, 1 Nov 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein, Austin Padgett) https://rico-report.simplecast.com/episodes/rico-lawsuit-against-shein-mrhk__QI 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, Cal welcomes Troutman Pepper Intellectual Property Partner Austin Padgett to discuss the recent RICO lawsuit against fast-fashion giant, Shein, and what it means for the industry. Specific topics include:

  • Background on the fast-fashion industry and the Shein companies (2:00);
  • Plaintiffs' claims and factual allegations against Shein (5:12);
  • The alleged Shein RICO "enterprise" (7:41);
  • Shein's alleged "racketeering activity": criminal copyright infringement (14:38);
  • "Pattern" allegations: Reliance on other lawsuits against Shein (23:30); and
  • Key takeaway: RICO claim threatens the core of the fast-fashion industry (28:32).

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]]> RICO Lawsuit Against Shein Cal Stein, Austin Padgett 00:31:45 In this RICO Report podcast episode, Troutman Pepper Partners Cal Stein and Austin Padgett discuss the recent RICO lawsuit against fast-fashion giant, Shein, its implications for the industry, and the alleged racketeering activities. In this RICO Report podcast episode, Troutman Pepper Partners Cal Stein and Austin Padgett discuss the recent RICO lawsuit against fast-fashion giant, Shein, its implications for the industry, and the alleged racketeering activities. krista perry v. shein distribution corporation, state rico statute, fast fashion, rico, state rico, federal rico, foreign arbitration, racketeer influenced and corrupt organizations act, fast-fashion, federal rico statute, copyright infringement, shien, racketeering false full 5 2 e0c65d81-e853-4dc9-bb22-b1e2f2a0cecb RICO and Foreign Arbitration Enforcement 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, Cal welcomes Associate Armeen Shroff to discuss how the RICO statute can be used to enforce and collect on a foreign arbitration award, as illustrated in the Supreme Court's recent ruling in Yegiazaryan v. Smagin. Specific topics include:

  • Facts of Yegiazaryan v. Smagin (3:12);
  • History of RICO's "domestic injury" requirement (5:30);
  • The location test for "domestic injury" to tangible property (8:13);
  • The bright line test for "domestic injury" to intangible property (10:40);
  • The multifactor test for "domestic injury" to intangible property (12:44);
  • Procedural posture of Yegiazaryan v. Smagin (16:04);
  • Supreme Court majority finds RICO standing in Yegiazaryan v. Smagin (18:30);
  • Dissenting opinion (22:12); and
  • Practical takeaways from Yegiazaryan v. Smagin (24:30).

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]]> Fri, 4 Aug 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein, Armeen Shroff) https://rico-report.simplecast.com/episodes/rico-and-foreign-arbitration-enforcement-pmvB9Np7 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, Cal welcomes Associate Armeen Shroff to discuss how the RICO statute can be used to enforce and collect on a foreign arbitration award, as illustrated in the Supreme Court's recent ruling in Yegiazaryan v. Smagin. Specific topics include:

  • Facts of Yegiazaryan v. Smagin (3:12);
  • History of RICO's "domestic injury" requirement (5:30);
  • The location test for "domestic injury" to tangible property (8:13);
  • The bright line test for "domestic injury" to intangible property (10:40);
  • The multifactor test for "domestic injury" to intangible property (12:44);
  • Procedural posture of Yegiazaryan v. Smagin (16:04);
  • Supreme Court majority finds RICO standing in Yegiazaryan v. Smagin (18:30);
  • Dissenting opinion (22:12); and
  • Practical takeaways from Yegiazaryan v. Smagin (24:30).

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]]> RICO and Foreign Arbitration Enforcement Cal Stein, Armeen Shroff 00:30:24 Cal Stein welcomes Troutman Pepper Associate Armeen Shroff to discuss how the RICO statute can be used to enforce and collect on a foreign arbitration award, as illustrated in the Supreme Court's recent ruling in Yegiazaryan v. Smagin. Cal Stein welcomes Troutman Pepper Associate Armeen Shroff to discuss how the RICO statute can be used to enforce and collect on a foreign arbitration award, as illustrated in the Supreme Court's recent ruling in Yegiazaryan v. Smagin. state rico statute, rico, supreme court, state rico, federal rico, foreign arbitration, racketeer influenced and corrupt organizations act, federal rico statute, yegiazaryan v. smagin, racketeering false full 4 2 5722859d-a107-4d15-ae1d-0fb3a7ee66f1 State RICO Statutes 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, Cal examines state RICO laws and how they compare with the federal RICO statute. In particular, Cal focuses on some the key areas where state RICO statutes can vary from federal RICO, and how those differences can practically impact the defense of a case. Specific topics include:

  • History of state RICO statutes (4:45);
  • Legislative intent underlying RICO statutes (7:29);
  • State RICO statutes of limitations (11:38);
  • Racketeering activity in state RICO statutes (13:43);
  • State RICO definitions of pattern (16:22);
  • Enterprise element under state RICO statutes (19:42);
  • Variations in RICO conduct in state RICO statutes (21:23); and
  • State RICO statutes' remedies (25:39).

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]]> Thu, 25 May 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/state-rico-statutes-eiSSAhYU 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, Cal examines state RICO laws and how they compare with the federal RICO statute. In particular, Cal focuses on some the key areas where state RICO statutes can vary from federal RICO, and how those differences can practically impact the defense of a case. Specific topics include:

  • History of state RICO statutes (4:45);
  • Legislative intent underlying RICO statutes (7:29);
  • State RICO statutes of limitations (11:38);
  • Racketeering activity in state RICO statutes (13:43);
  • State RICO definitions of pattern (16:22);
  • Enterprise element under state RICO statutes (19:42);
  • Variations in RICO conduct in state RICO statutes (21:23); and
  • State RICO statutes' remedies (25:39).

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]]> State RICO Statutes Cal Stein 00:30:10 In this episode, Troutman Pepper Partner Cal Stein discusses examines state Racketeer Influenced and Corrupt Organizations Act (RICO) laws and how they compare with the federal RICO statute. In this episode, Troutman Pepper Partner Cal Stein discusses examines state Racketeer Influenced and Corrupt Organizations Act (RICO) laws and how they compare with the federal RICO statute. state rico statute, rico, state rico, federal rico, racketeer influenced and corrupt organizations act, federal rico statute, racketeering false full 3 2 e2b46f15-2add-4661-8cca-43ebe405863b Unlawful Debt Collection Claims Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, examining the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).

In this installment, Cal welcomes Troutman Pepper Associate Timothy Bado to discuss how unlawful debt collection practices can serve as a basis for a RICO claim. Specific topics include:

  • Unlawful debt collection as a prohibited RICO activity (2:15);
  • Definition of "unlawful debt" (6:05);
  • What is a "usurious" loan? (10:30);
  • "The business of" illegal gambling or usurious loans (14:49);
  • Pleading unlawful debt collection vs. fraud (17:30);
  • RICO litigation trend: "Rent-a-bank" cases (20:15); and
  • RICO litigation trend: Merchant cash advance cases (24:57).

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]]> Tue, 28 Feb 2023 05:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein, Timothy Bado) https://rico-report.simplecast.com/episodes/unlawful-debt-collection-claims-nMGw9W17 Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, examining the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).

In this installment, Cal welcomes Troutman Pepper Associate Timothy Bado to discuss how unlawful debt collection practices can serve as a basis for a RICO claim. Specific topics include:

  • Unlawful debt collection as a prohibited RICO activity (2:15);
  • Definition of "unlawful debt" (6:05);
  • What is a "usurious" loan? (10:30);
  • "The business of" illegal gambling or usurious loans (14:49);
  • Pleading unlawful debt collection vs. fraud (17:30);
  • RICO litigation trend: "Rent-a-bank" cases (20:15); and
  • RICO litigation trend: Merchant cash advance cases (24:57).

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]]> Unlawful Debt Collection Claims Cal Stein, Timothy Bado 00:29:13 In this episode, Cal Stein and Timothy Bado discuss how unlawful debt collection practices can serve as a basis for a RICO claim. In this episode, Cal Stein and Timothy Bado discuss how unlawful debt collection practices can serve as a basis for a RICO claim. rico, illegal gambling, debt collection, unlawful debt, usurious loans, merchant cash advance false full 2 2 7fe59c50-0183-4ebd-be17-92efee60df3b Mail and Wire Fraud Claims 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, Cal welcomes Troutman Pepper Partner, former Assistant U.S. Attorney, and experienced RICO prosecutor Michael Lowe to discuss two of the most common predicate acts for racketeering claims: mail fraud under 18 U.S.C. §1341 and wire fraud under 18 U.S.C. §1343. Specific topics include:

  • How mail and wire fraud fit into a RICO claim (2:34);
  • Frequency of mail and wire fraud as predicate acts (4:04);
  • First-party reliance not required (8:08);
  • Element #1: Scheme to defraud (13:16);
  • Element #2: Use of mails and wires (18:16);
  • Element #3: Intent to defraud (25:24);
  • Materiality as a limitation to mail and wire fraud (29:10); and
  • Honest services fraud (32:26).

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]]> Tue, 24 Jan 2023 15:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein, Michael Lowe) https://rico-report.simplecast.com/episodes/mail-and-wire-fraud-claims-yW0xuyMq 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, Cal welcomes Troutman Pepper Partner, former Assistant U.S. Attorney, and experienced RICO prosecutor Michael Lowe to discuss two of the most common predicate acts for racketeering claims: mail fraud under 18 U.S.C. §1341 and wire fraud under 18 U.S.C. §1343. Specific topics include:

  • How mail and wire fraud fit into a RICO claim (2:34);
  • Frequency of mail and wire fraud as predicate acts (4:04);
  • First-party reliance not required (8:08);
  • Element #1: Scheme to defraud (13:16);
  • Element #2: Use of mails and wires (18:16);
  • Element #3: Intent to defraud (25:24);
  • Materiality as a limitation to mail and wire fraud (29:10); and
  • Honest services fraud (32:26).

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]]> Mail and Wire Fraud Claims Cal Stein, Michael Lowe 00:41:26 Troutman Pepper Partners Cal Stein and Michael Lowe discuss two of the most common predicate acts for racketeering claims: mail fraud and wire fraud. Troutman Pepper Partners Cal Stein and Michael Lowe discuss two of the most common predicate acts for racketeering claims: mail fraud and wire fraud. rico, racketeer influenced and corrupt organizations act, wire fraud, mail fraud false full 1 2 f07e8d98-0c77-4f1c-bcd9-fdc271635526 Defining the RICO Racketeering Element 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 seventh installment Cal discusses the element of RICO racketeering activity. Cal focuses the discussion on the first three subparts of Section 1961 Subsection One which covers state offenses, federal offenses found in Title 18, and racketeering offenses in Title 29 that involve labor unions.  Specific topics include:

  • Statutory definition of “racketeering activity” (3:00)
  • State criminal offenses as “racketeering activity” (8:10)
  • Federal offenses in Title 18 as “racketeering activity” (11:15)
  • Labor offenses in Title 29 as “racketeering activity” (14:33)
  • No conviction requirement for “racketeering activity” (16:30)
  • Attempt offenses as “racketeering activity” (17:30)

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]]> Tue, 11 Oct 2022 13:17:59 +0000 nicole.sparkswatts@troutman.com (Cal Stein) https://rico-report.simplecast.com/episodes/defining-the-rico-racketeering-element-t16uOT_v 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 seventh installment Cal discusses the element of RICO racketeering activity. Cal focuses the discussion on the first three subparts of Section 1961 Subsection One which covers state offenses, federal offenses found in Title 18, and racketeering offenses in Title 29 that involve labor unions.  Specific topics include:

  • Statutory definition of “racketeering activity” (3:00)
  • State criminal offenses as “racketeering activity” (8:10)
  • Federal offenses in Title 18 as “racketeering activity” (11:15)
  • Labor offenses in Title 29 as “racketeering activity” (14:33)
  • No conviction requirement for “racketeering activity” (16:30)
  • Attempt offenses as “racketeering activity” (17:30)

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]]> Defining the RICO Racketeering Element Cal Stein 00:22:30 In this installment Cal Stein discusses the element of RICO racketeering activity. In this installment Cal Stein discusses the element of RICO racketeering activity. rico, racketeering activity, racketeer influenced and corrupt organizations act, rico predicate acts false full 7 1 817bbb02-66f0-4d8f-b669-9d59ef2df8ab The “Pattern” of Racketeering Activity 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 sixth installment, Cal welcomes Troutman Pepper Associates Chris Carlson and Mary Grace Metcalfe to discuss the RICO element requiring a pattern racketeering activity, including analyzing the definition of “pattern,” the history of Supreme Court guidance on the element, and practical tips on how practitioners can attack the pattern element to defend their clients. Specific topics include:

  • RICO’s Statutory Definition of “Pattern” (2:42)
  • Supreme Court’s Sedima Decision (5:10)
  • Post-Sedima Pattern Tests (8:20)
  • HJ, Inc.: The Relatedness + Continuity Test (16:22)
  • RICO Relatedness (24:01)
  • RICO Continuity (26:16)

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]]> Tue, 16 Aug 2022 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein, Chris Carlson, Mary Grace Metcalfe) https://rico-report.simplecast.com/episodes/the-pattern-of-racketeering-activity-IW8EkDYi 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 sixth installment, Cal welcomes Troutman Pepper Associates Chris Carlson and Mary Grace Metcalfe to discuss the RICO element requiring a pattern racketeering activity, including analyzing the definition of “pattern,” the history of Supreme Court guidance on the element, and practical tips on how practitioners can attack the pattern element to defend their clients. Specific topics include:

  • RICO’s Statutory Definition of “Pattern” (2:42)
  • Supreme Court’s Sedima Decision (5:10)
  • Post-Sedima Pattern Tests (8:20)
  • HJ, Inc.: The Relatedness + Continuity Test (16:22)
  • RICO Relatedness (24:01)
  • RICO Continuity (26:16)

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]]> The “Pattern” of Racketeering Activity Cal Stein, Chris Carlson, Mary Grace Metcalfe 00:38:36 Cal Stein, Chris Carlson, and Mary Grace Metcalfe discuss the RICO element requiring a pattern racketeering activity, including analyzing the definition of "pattern," the history of Supreme Court guidance on the element, and practical tips on how practitioners can attack the pattern element to defend their clients. Cal Stein, Chris Carlson, and Mary Grace Metcalfe discuss the RICO element requiring a pattern racketeering activity, including analyzing the definition of "pattern," the history of Supreme Court guidance on the element, and practical tips on how practitioners can attack the pattern element to defend their clients. pattern racketeering activity false full 6 1 78886500-fd94-4f76-ad74-d9ebbd706aec Understanding the RICO Enterprise Requirement 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 fifth installment, Cal welcomes Troutman Pepper Associate Sam Harrison to discuss the RICO “enterprise” element and how it applies to RICO cases, particularly those brought under Section 1962(c) for operating a RICO enterprise. Specific topics include:

  • Purpose of the enterprise requirement (2:00);
  • History of the association-in-fact enterprise (5:45);
  • Establishing the association-in-fact enterprise (10:02);
  • RICO person/enterprise distinction in Section 1962(c) cases (15:31);
  • Corporations as RICO enterprises (18:42); and
  • Conducting the affairs of a RICO enterprise (23:08).

Be on the lookout for our next episode of this podcast series.


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]]> Mon, 27 Jun 2022 04:00:00 +0000 nicole.sparkswatts@troutman.com (Cal Stein, Sam Harrison) https://rico-report.simplecast.com/episodes/understanding-the-rico-enterprise-requirement-rccly2RX 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 fifth installment, Cal welcomes Troutman Pepper Associate Sam Harrison to discuss the RICO “enterprise” element and how it applies to RICO cases, particularly those brought under Section 1962(c) for operating a RICO enterprise. Specific topics include:

  • Purpose of the enterprise requirement (2:00);
  • History of the association-in-fact enterprise (5:45);
  • Establishing the association-in-fact enterprise (10:02);
  • RICO person/enterprise distinction in Section 1962(c) cases (15:31);
  • Corporations as RICO enterprises (18:42); and
  • Conducting the affairs of a RICO enterprise (23:08).

Be on the lookout for our next episode of this podcast series.


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]]> Understanding the RICO Enterprise Requirement Cal Stein, Sam Harrison 00:30:11 In this episode, Cal Stein welcomes Troutman Pepper Associate Sam Harrison to discuss the RICO “enterprise” element and how it applies to RICO cases, particularly those brought under Section 1962(c) for operating a RICO enterprise. In this episode, Cal Stein welcomes Troutman Pepper Associate Sam Harrison to discuss the RICO “enterprise” element and how it applies to RICO cases, particularly those brought under Section 1962(c) for operating a RICO enterprise. rico enterprise, section 1962(c), rico false full 5 1 06cbf990-f191-4818-bf97-411f80298f13 The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act 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 fourth installment, Cal welcomes Troutman Pepper Partner William Taylor and Associate Jaclyn Essinger to discuss the intersection between trade secrets law and RICO, with a particular focus on the Defend Trade Secrets Act (DTSA), including:

  • Overview of DTSA (3:58);
  • Ingredients of a Typical DTSA RICO Case (8:45);
  • What DTSA Violations Are “Racketeering Activity” (14:35);
  • DTSA RICO “Enterprises” (21:48); and
  • The Future of DTSA RICO Litigation (28:06).

Be on the lookout for our next episode of this podcast series.


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]]> Fri, 20 May 2022 14:45:35 +0000 nicole.sparkswatts@troutman.com (Cal Stein, William Taylor, Jaclyn Essinger) https://rico-report.simplecast.com/episodes/the-intersection-of-rico-trade-secrets-and-the-defends-trade-secrets-act-__SK2Gcn 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 fourth installment, Cal welcomes Troutman Pepper Partner William Taylor and Associate Jaclyn Essinger to discuss the intersection between trade secrets law and RICO, with a particular focus on the Defend Trade Secrets Act (DTSA), including:

  • Overview of DTSA (3:58);
  • Ingredients of a Typical DTSA RICO Case (8:45);
  • What DTSA Violations Are “Racketeering Activity” (14:35);
  • DTSA RICO “Enterprises” (21:48); and
  • The Future of DTSA RICO Litigation (28:06).

Be on the lookout for our next episode of this podcast series.


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]]> The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act Cal Stein, William Taylor, Jaclyn Essinger 00:37:32 In this episode, Cal Stein welcomes William Taylor and Jaclyn Essinger to discuss the intersection between trade secrets law and RICO, with a particular focus on the Defend Trade Secrets Act (DTSA). In this episode, Cal Stein welcomes William Taylor and Jaclyn Essinger to discuss the intersection between trade secrets law and RICO, with a particular focus on the Defend Trade Secrets Act (DTSA). rico, trade secrets law, racketeer influenced and corrupt organizations act, dtsa, defend trade secrets act false full 4 1 92834779-e992-4b4f-ba5f-cf74c01cb778 RICO Conduct (18 U.S.C. §§ 1962(a-d)) 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 third installment, Cal welcomes Troutman Pepper Partner Joanna Cline to discuss the four subsections of “prohibited activity” that comprise the RICO “conduct” element:

  • Section 1962(a): Investing in an Enterprise (4:20);
  • Section 1962(b): Acquiring or Maintaining an Interest in an Enterprise (7:05);
  • Section 1962(c): Conducting the Affairs of an Enterprise (10:10); and
  • Section 1962(d): RICO Conspiracy (17:27).

Be on the lookout for our next episode of this podcast series.


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]]> Wed, 30 Mar 2022 19:08:25 +0000 nicole.sparkswatts@troutman.com (Callan G. Stein, Joanna J. Cline) https://rico-report.simplecast.com/episodes/rico-conduct-18-usc-1962a-d-JfZE8R2y 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 third installment, Cal welcomes Troutman Pepper Partner Joanna Cline to discuss the four subsections of “prohibited activity” that comprise the RICO “conduct” element:

  • Section 1962(a): Investing in an Enterprise (4:20);
  • Section 1962(b): Acquiring or Maintaining an Interest in an Enterprise (7:05);
  • Section 1962(c): Conducting the Affairs of an Enterprise (10:10); and
  • Section 1962(d): RICO Conspiracy (17:27).

Be on the lookout for our next episode of this podcast series.


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]]> RICO Conduct (18 U.S.C. §§ 1962(a-d)) Callan G. Stein, Joanna J. Cline 00:23:29 This is the third installment of the RICO Report podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). Troutman Pepper Partners Cal Stein and Joanna Cline discuss the four subsections of “prohibited activity” that comprise the RICO “conduct” element. This is the third installment of the RICO Report podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). Troutman Pepper Partners Cal Stein and Joanna Cline discuss the four subsections of “prohibited activity” that comprise the RICO “conduct” element. rico conduct, rico, prohibited activity, racketeer influenced and corrupt organizations act false full 3 1 https://pepper.hipcast.com/deluge/pepper-20220215142715-1253.mp3 Second Circuit Decision Potentially Broadens RICO Proximate The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO's proximate cause element requires a plaintiff to allege facts plausibly establishing a "direct relationship" between the claimed injury and the defendant's conduct in violation of RICO. By expanding its interpretation of this element, the Second Circuit may have made it easier for future plaintiffs to bring and plead civil RICO claims, particularly against their business competitors.

Join Troutman Pepper Partners Cal Stein and Stephen Rinehart for this installment of the RICO Report as they discuss the case (1:18); RICO claims (4:02); McKinsey's successful motion to dismiss the RICO claims at the district court level (5:37); the Second Circuit's appellate decision, including its analysis of intervening events (8:25); Alix's market share causation argument (10:39); and key lessons practitioners can take away from the decision and possibly apply to future RICO cases (18:24).


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]]> Tue, 15 Feb 2022 19:00:00 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://rico-report.simplecast.com/episodes/second-circuit-decision-potentially-broadens-rico-proximate-YAjnf3id The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO's proximate cause element requires a plaintiff to allege facts plausibly establishing a "direct relationship" between the claimed injury and the defendant's conduct in violation of RICO. By expanding its interpretation of this element, the Second Circuit may have made it easier for future plaintiffs to bring and plead civil RICO claims, particularly against their business competitors.

Join Troutman Pepper Partners Cal Stein and Stephen Rinehart for this installment of the RICO Report as they discuss the case (1:18); RICO claims (4:02); McKinsey's successful motion to dismiss the RICO claims at the district court level (5:37); the Second Circuit's appellate decision, including its analysis of intervening events (8:25); Alix's market share causation argument (10:39); and key lessons practitioners can take away from the decision and possibly apply to future RICO cases (18:24).


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]]> Second Circuit Decision Potentially Broadens RICO Proximate Troutman Pepper Locke 00:27:36 The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO's proximate cause element requires a plaintiff to allege facts plausibly establishing a "direct relationship" between the claimed injury and the defendant's conduct in violation of RICO. By expanding its interpretation of this element, the Second Circuit may have made it easier for future plaintiffs to bring and plead civil RICO claims, particularly against their business competitors. Join Troutman Pepper Partners Cal Stein and Stephen Rinehart for this installment of the RICO Report as they discuss the case (1:18); RICO claims (4:02); McKinsey's successful motion to dismiss the RICO claims at the district court level (5:37); the Second Circuit's appellate decision, including its analysis of intervening events (8:25); Alix's market share causation argument (10:39); and key lessons practitioners can take away from the decision and possibly apply to future RICO cases (18:24). The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO's proximate cause element requires a plaintiff to allege facts plausibly establishing a "direct relationship" between the claimed injury and the defendant's conduct in violation of RICO. By expanding its interpretation of this element, the Second Circuit may have made it easier for future plaintiffs to bring and plead civil RICO claims, particularly against their business competitors. Join Troutman Pepper Partners Cal Stein and Stephen Rinehart for this installment of the RICO Report as they discuss the case (1:18); RICO claims (4:02); McKinsey's successful motion to dismiss the RICO claims at the district court level (5:37); the Second Circuit's appellate decision, including its analysis of intervening events (8:25); Alix's market share causation argument (10:39); and key lessons practitioners can take away from the decision and possibly apply to future RICO cases (18:24). false full 1 1 https://pepper.hipcast.com/deluge/pepper-20220125112823-7334.mp3 Introduction to RICO: What You Need to Know 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 first installment, Cal provides a brief overview of the RICO statute and introduces many other topics he plans to explore in future installments. Cal answers basic questions — like what is RICO and how does RICO work — and provides a high-level summary of foundational substantive legal issues, such as a discussion of RICO's elements and its civil and criminal penalties. This session also provides a basic understanding of RICO's statutory framework and the underlying criminal offenses that constitute actionable racketeering activity.

Be on the lookout for our next episode of this podcast series.


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]]> Tue, 25 Jan 2022 19:07:34 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://rico-report.simplecast.com/episodes/introduction-to-rico-what-you-need-to-know-x9e_y0Nn 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 first installment, Cal provides a brief overview of the RICO statute and introduces many other topics he plans to explore in future installments. Cal answers basic questions — like what is RICO and how does RICO work — and provides a high-level summary of foundational substantive legal issues, such as a discussion of RICO's elements and its civil and criminal penalties. This session also provides a basic understanding of RICO's statutory framework and the underlying criminal offenses that constitute actionable racketeering activity.

Be on the lookout for our next episode of this podcast series.


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]]> Introduction to RICO: What You Need to Know Troutman Pepper Locke 00:15:49 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 first installment, Cal provides a brief overview of the RICO statute and introduces many other topics he plans to explore in future installments. Cal answers basic questions — like what is RICO and how does RICO work — and provides a high-level summary of foundational substantive legal issues, such as a discussion of RICO's elements and its civil and criminal penalties. This session also provides a basic understanding of RICO's statutory framework and the underlying criminal offenses that constitute actionable racketeering activity. Be on the lookout for our next episode of this podcast series. 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 first installment, Cal provides a brief overview of the RICO statute and introduces many other topics he plans to explore in future installments. Cal answers basic questions — like what is RICO and how does RICO work — and provides a high-level summary of foundational substantive legal issues, such as a discussion of RICO's elements and its civil and criminal penalties. This session also provides a basic understanding of RICO's statutory framework and the underlying criminal offenses that constitute actionable racketeering activity. Be on the lookout for our next episode of this podcast series. false full 0 1