Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 FEBRUARY 2012

Second Circuit Rejects Application of RICO to Foreign Criminal Enterprises

Mayer Brown
Mayer Brown
Contributor
Mayer Brown

Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major...

View firm profile
Explore more from Mayer Brown

The US Supreme Court’s 2010 decision in Morrison v. NAB created a sea change in private securities litigation by sharply limiting the extraterritorial application of the securities laws while employing language suggesting skepticism of extraterritoriality more generally.

United StatesLitigation, Mediation & Arbitration
Joseph De Simone
Joseph De Simone
Domenic Cervoni
Domenic Cervoni
Lisa Miller
Lisa Miller
S. Christopher Provenzano
S. Christopher Provenzano
Richard Rosenfeld
Richard Rosenfeld
Author LinkedIn connections

Previously published on February 8, 2012.

Keywords: private securities litigation, RICO, extraterritoriality, exchange act, foreign criminal enterprises

The US Supreme Court's 2010 decision in Morrison v. NAB created a sea change in private securities litigation by sharply limiting the extraterritorial application of the securities laws while employing language suggesting skepticism of extraterritoriality more generally. Since then, the lower federal courts have been reevaluating the extraterritorial applicability of other statutory causes of action, including Racketeer Influenced and Corrupt Organization (RICO) cases.1 The Second Circuit's recent decision in Eligio Cedeño v. Castillo, 10-3861-cv (2d Cir. Jan. 24, 2012) (Summary Order), continues the post-Morrison trend of limiting the extraterritorial reach of statutes creating private rights of action.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.
United StatesLitigation, Mediation & Arbitration
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

“LEGAL ANALYSIS SO POOR THAT IT HARDLY DESERVES THE LABEL”: Fifth Circuit COA Destroys Federal Judge For Using AI And I Cannot Believe Lawyers Are Still Using This Junk

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.
United StatesLitigation, Mediation & Arbitration
Troutman Amin LLP
Troutman Amin LLP
Article

Supreme Court To Review Constitutionality Of Federal Home-Distilling Ban

The U.S. Supreme Court will review a constitutional challenge to an 1868 federal law banning home distilleries, creating an opportunity to resolve a circuit split between the 5th and 6th Circuit Courts of Appeals. The case centers on whether the prohibition violates the Constitution's Taxation Clause or represents a legitimate exercise of congressional power to prevent tax evasion.
United StatesLitigation, Mediation & Arbitration
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

Venture Global Update: Galp Prevails In Latest LNG Commissioning Dispute

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.
United StatesLitigation, Mediation & Arbitration
Bracewell LLP
Bracewell LLP
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Landmark DoorDash Settlement Confirms NYC DCWP’s Aggressive Enforcement Posture

New York City's Department of Consumer and Worker Protection secured a landmark $131.5 million settlement with DoorDash, marking the largest worker settlement in the city's history and the largest involving food delivery workers nationwide. The agreement provides over $115 million in direct compensation to more than 260,000 delivery workers who were underpaid, unpaid, or paid late, while establishing a comprehensive three-year compliance monitoring program.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Trump Administration Announces New Enforcement Actions Against Employers In H-1B And PERM Fraud Probes

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...
United StatesImmigration
Mayer Brown
Mayer Brown
Article

EU’s CBAM Downstream Extension And Anti-Circumvention Amendments: The Road To Trilogue

The European Union's Carbon Border Adjustment Mechanism is undergoing critical legislative refinement as the Commission, Council, and Parliament have each established distinct positions on extending CBAM to downstream goods and strengthening anti-circumvention measures. With trilogue negotiations now underway and the first political trilogue scheduled for October 2026, significant divergences remain between the institutions on scope, exemptions, and enforcement mechanisms that will shape the final framework
European UnionEnvironment
Mayer Brown
Mayer Brown