Microsoft Corporation v. Odom, et al.

1. Whether an association-in-fact "enterprise" under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 ("RICO"), must be an organization with an ascertainable structure separate and apart from that inherent in the alleged pattern of racketeering activity.

2. Whether a group of corporations can constitute an association-in-fact RICO enterprise.

NCLC urged the Supreme Court to grant review of this case to consider whether a corporation can form an “enterprise” under the Racketeer Influenced and Corrupt Organizations Act (RICO) where the alleged combination exists solely of two corporations engaged in a marketing relationship. In its brief, NCLC argued that the statute’s plain language does not bear such a result and that treble damages liability should not be available where the suggested “enterprise” constitutes no more than the alleged pattern of racketeering activity itself.

The Supreme Court declined to review this case.

Amicus brief supporting cert. filed 9/5/07. Cert. denied 10/15/07.