“Even if a foreign defendant does not have continuous and systematic contact with the forum state, such as retaining offices, employees, or a corporate presence in the forum state, it may still face personal jurisdiction in a United States court,” says Orrick partner Laurie Strauch Weiss, head of the Mass Torts and Product Liability Practice.
On October 19, 2011, the U.S. District Court for the District of Maryland ordered an evidentiary hearing for a Taiwanese corporate defendant. The goal of the hearing was to determine whether the foreign defendant had sufficient contacts with the State of Maryland to enable the Court to exercise “personal jurisdiction” over the defendant. This decision to order a Court hearing on the issue adds a new element of risk and potential legal liability for foreign defendants to consider when doing business in the United States.
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