Fifty years ago, Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO). The statute was intended to facilitate the criminal prosecution of organized crime. Among its innovations was the creation of a private right of action with the possibility of treble damages for individuals who could demonstrate that their business or property was injured as a result of a RICO violation.

RICO’s civil incentives have proven to be a powerful lure for plaintiffs. In the decades since RICO’s enactment, civil RICO actions have become commonplace, and plaintiffs often seek to apply the statute to circumstances that little resemble the classic form of criminal racketeering activity for which it was originally tailored. Businesses of all sorts, including multinationals, financial institutions, and service professionals, often find themselves defending RICO claims arising from their day-to-day operations. In doing so, plaintiffs often create an outlet, protected by litigation privilege, to promote a public relations agenda against their defendant target.

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