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Description: On June 17, 2015, the Supreme Court granted certiorari to review the Second Circuit’s opinion in European Cmty. v. RJR Nabisco, Inc., 764 F.3d 129 (2d Cir. 2014), which held that RICO can be applied extraterritorially when the RICO claim is predicated on acts of racketeering with expressed extraterritorial scope. The opinion in European Cmty. conflicted with the opinion issued by another panel of the Second Circuit in Norex Petroleum Ltd. v. Access Ind., Inc., 631 F.3d 29, 32 (2d Cir. 2010), cert. dismissed, 133 S.Ct. 21 (2011), which decided that RICO had no extraterritorial application. Norex based its reasoning on the Supreme Court’s decision in Morrison v. Nat’l Australia Bank Ltd., 561 U.S. 247, 266 (2010), which held that unless otherwise indicated by Congress, federal statutes are not presumed to have any extraterritorial application. Until European Cmty., U.S. courts did not exercise jurisdiction over RICO claims in the absence of allegations that the pattern of racketeering or enterprise had sufficient contact with the U.S. Many believe that European Cmty. threatens to flood U.S. courts with all international business disputes, regardless of whether they have any contact with the U.S. Others believe that European Cmty. provides a narrow exception to the presumption against extraterritorial application that is not likely to present itself in most business disputes. We will consider both sides of the debate and the options that confront the Supreme Court.
 | | Practice Areas: | | Corporate & Securities, Criminal Law & Procedure, White Collar Crime, White Collar Crime & Criminal Investigations | | | Online Media Type: | | Audio | | | Production Date: | | 11/19/2015 1:00 PM EST | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Jeffrey Grell - Grell Feist Prince PLC; Associate Adjunct Professor, University of Minnesota Law School |
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