What the Second Circuit Did and Didn't Tell Us About RICO's Reach

Law360
November.03.2017

Orrick partner Robert Reznick authored an article for Law360 analyzing the Second Circuit's recent decision in Bascuñán v. Elsaca. In issuing its decision, the Second Circuit became the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) must be based on a “domestic” injury to the plaintiff’s business or property. The article examines how the Second Circuit’s decision addresses the issue with two main holdings.

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Robert Reznick Senior Counsel, Complex Litigation & Dispute Resolution, Antitrust & Competition

Washington, D.C.

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Robert Reznick Senior Counsel

Washington, D.C.

He currently is national coordinating counsel for a major oil company in connection with its climate change litigation. He previously served as co-lead counsel to a major international pharmaceutical manufacturer in the defense of nationwide litigation challenging industry pricing practices.

Rob’s experience includes extensive work in antitrust and False Claims Act cases, claims alleging fraud, and agency enforcement actions. His pharmaceutical industry activities include service as outside counsel to and Corporate Secretary of the Pharmaceutical Security Institute, Inc., the industry’s not-for-profit trade organization dedicated to the fight against pharmaceutical counterfeiting.

He is Managing Editor of The World in U.S. Courts, Orrick’s quarterly review of court decisions addressing personal jurisdiction over non-U.S. parties and the extraterritorial application of U.S. law to global business and cross-border activities.

Rob also served two terms on the District of Columbia Bar’s Pro Bono standing committee. Before joining Orrick, he was a partner in Hughes Hubbard & Reed LLP and Clifford & Warnke, in Washington, D.C.

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