The Underutilization of "Racketeering" Claims in Restrictive Covenant Cases
Recovering triple damages plus attorney fees should sound enticing to any business seeking to stop unscrupulous former employees and their new employers attempting to steal trade secrets and unfairly compete; surprisingly, few businesses bring claims under the Racketeer Influenced and Corrupt Organizations Act even though RICO, in certain cases, would allow for such relief.
October 26, 2020 at 11:34 AM
8 minute read
While the word "racketeering" may conjure images of mobsters and gangsters, criminal organizations are not alone among those targeted for unlawful racketeering activities. The Racketeer Influenced and Corrupt Organizations Act (RICO) supports civil claims by private parties against individuals and entities engaged in fraudulent business dealings. Indeed, in recent years, businesses have used the RICO statute and its potent treble damages provision as another weapon in their fight against unfair competition and interference with their business affairs.
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