Stephen Miller of the White Collar Defense & Investigations Practice Group and Stephen Kempa of the Global Insurance Department co-wrote this article in The Legal Intelligencer. We live in an increasingly interconnected world, and the boundaries of traditional nation-states are often blurred by growing globalization in business. For that reason, the U.S. Supreme Court is set to return this term to a hot-button issue—the extraterritorial application of U.S. law—in the context of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Once a tool reserved for disrupting organized-crime families, RICO has evolved into a powerful civil and criminal instrument of business regulation. The court is scheduled to address this spring in European Community v. RJR Nabisco, No. 15-138, whether RICO may be applied to conduct occurring outside the United States.
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