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 ..read 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, 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 unde ..read 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, 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 "enterpris ..read 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, 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" t ..read 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, 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); Stat ..read more

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 un ..read 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, 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 ..read 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 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) Stat ..read 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 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); D ..read 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 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 1 ..read more