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Personal Jurisdiction Corporate Counsel

WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

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In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

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The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Miller Canfield

Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

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Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

Dechert LLP

"Tag, You’re It": U.S. Supreme Court Denies Certiorari on Corporate Tag Jurisdiction Appeal

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The Supreme Court recently denied certiorari in a case that presented the issue of whether corporate “tag” jurisdiction, which arises from serving a corporate executive temporarily present in the relevant territory (say, the...more

Rivkin Radler LLP

Out-of-Staters Beware: An In-Person Contract Discussion May Subject You to Suit in New York

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Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque...more

Jackson Lewis P.C.

U.S. Supreme Court Declines to Consider Whether Bristol-Myers Applies to Collective Actions

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The U.S. Supreme Court has declined to settle the circuit split on whether its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal. applies to collective actions brought under the Fair Labor Standards Act...more

MG+M The Law Firm

Mallory v. Norfolk: One Decision to Potentially Overturn Them All

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The Mallory v. Norfolk case—currently pending before the US Supreme Court—could potentially overturn recent rulings on issues related to personal jurisdiction and impact many businesses across the country....more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Dunlap Bennett & Ludwig PLLC

4th Circuit Agrees That Domain Re-Registration Is Subject To ACPA

Last month, the Fourth Circuit issued a landmark intellectual property ruling in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823 (4th Cir. Jan. 24, 2023)....more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

Jackson Lewis P.C.

U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

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The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral...more

Morrison & Foerster LLP

Cost Of Doing Business? Supreme Court Scrutinizes Constitutionality Of Requiring Companies To Consent To General Personal...

In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more

McDermott Will & Emery

Foreign Video-Hosting Website Can’t Escape Long Arm of the Law

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Focusing on the first prong of the minimum contacts test (whether the foreign defendant purposefully directed its activities at the United States) the US Court of Appeals for the Ninth Circuit reversed a district court...more

Wiley Rein LLP

Ninth Circuit Recognizes ‘Catch All’ Jurisdiction Over Foreign-Based Internet IP Infringers

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In a decision that continues a trend of courts recognizing expansive jurisdiction over persons and entities engaging in intellectual property infringement through the internet, the U.S. Court of Appeals for the Ninth Circuit...more

Allen Matkins

Why You May Not Want To Be A "Guiding Spirit"

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Last week, I wrote about California Labor Code § 558.1 which provides that an owner, director, officer, or managing agent of an employer (a "person acting on behalf of an employer") may be liable "as the employer" for...more

Jackson Lewis P.C.

Looking Ahead: Upcoming U.S. Supreme Court Cases Employers Need to Know

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The U.S. Supreme Court decisions that were issued in June 2022 had a significant impact on employers, and employers are now looking at implementing policies and practices in response to the decisions....more

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Jackson Walker

Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in...

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On June 6, 2022, the Supreme Court addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of...more

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

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Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more

Mintz - Intellectual Property Viewpoints

A Business Deal Could Kill Your Right to Challenge a Patent’s Validity

Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes Review (“IPR”) at the Patent Trial and Appeals Board (“the Board”). This...more

Troutman Pepper

Sued for a Data Breach Out of State? Don't Forget a Personal Jurisdiction Defense

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Entities sued for a data breach – even one that is consolidated into a multidistrict litigation proceeding in the defendant’s home state – should not forget the personal jurisdiction defense, which can provide a powerful tool...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

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