Apple Faces Major RICO and Trade-Secret Lawsuit Over Apple Pay Technology

MARK TERRY, ESQ.

A new lawsuit against Apple raises significant questions about intellectual property, confidential business relationships, and corporate accountability. Fintiv, Inc., a digital-wallet technology provider, alleges that Apple misappropriated proprietary mobile-wallet technology while developing Apple Pay.

Fintiv says Apple approached CorFire, Fintiv’s predecessor, between 2011 and 2012 to discuss a possible licensing relationship. According to the complaint, CorFire shared confidential technical information under nondisclosure agreements, including information involving secure-element technology, near-field communication, and trusted-service-management systems.

The lawsuit alleges that Apple used this information, hired former CorFire personnel, and incorporated related technology into Apple Pay, which launched in 2014. Apple disputes the allegations and maintains that previous courts rejected related claims and that Apple Pay was developed independently.

Beyond trade-secret misappropriation, the complaint asserts federal and Georgia RICO claims. Fintiv characterizes Apple’s alleged conduct as part of a broader enterprise involving banks and payment networks that allowed Apple to monetize the disputed technology without compensating Fintiv.

The case follows earlier patent litigation between the companies and represents a strategic shift from traditional infringement allegations toward trade-secret and racketeering theories. It illustrates why technology companies should carefully document licensing discussions, control access to confidential material, and maintain clear records of independent development.

Businesses entering technical partnerships should use precise nondisclosure agreements, limit internal access to confidential information, and create procedures for handling employees who previously worked for competitors or prospective partners. These safeguards can become critical evidence when ownership and development histories are later disputed.