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The Underutilization of "Racketeering" Claims in Restrictive Covenant Cases 

New York Law Journal

Authored by: Jack Kiley, partner (NY), Kevin Smith, special counsel (NY), and Jamie Moelis, law clerk (NY)

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. Sheppard Mullin attorneys discussed this concept in further detail in an article for The New York Law Journal.   

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