McKinsey Critic Can't Prevail On RICO Claims, Judge Rules

Law360 (August 19, 2019, 8:59 PM EDT) -- Turnaround pro Jay Alix has suffered another setback in his yearslong crusade against McKinsey & Co. over perceived failures to reveal conflicts of interest in its bankruptcy work, as a New York federal judge said Alix's allegations were "concerning," but nonetheless threw out his RICO claims.

Alix, the since-retired founder and minority shareholder of restructuring consultancy AlixPartners LLP, filed the RICO suit last year claiming that McKinsey's willingness to skirt the Bankruptcy Code's requirements on revealing conflicts of interest had cost his firm business.

In Monday's order, U.S. District Judge Jesse M. Furman said those allegations were indeed "concerning," if true,...

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