News & Analysis as of

Principal Place of Business Limited Liability Company (LLC)

Husch Blackwell LLP

Establishing General Personal Jurisdiction for an LLC

Husch Blackwell LLP on

To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more

DarrowEverett LLP

Location, Location, Location: Asset Protection for LLC Founders

DarrowEverett LLP on

A primary focus when starting a business should answer this question: What structure provides the most protection? New founders can get bogged down in the minutia about whether to choose a corporation or a limited liability...more

Haug Partners LLP

When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

Haug Partners LLP on

A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving....more

Lowenstein Sandler LLP

Federal Venues May Not Be Available in Lawsuits That Members File Against Limited Liability Companies

Lowenstein Sandler LLP on

The common train of thought when litigating as an out-of-state defendant is that it is best to be venued in federal court so as to eliminate any advantage an in-state plaintiff might have with a local jury. Typically, foreign...more

Morrison & Foerster LLP - Government...

8(A): The Small Business Administration’s Program For Socially & Economically Disadvantaged Businesses (Guide 3 Of 4)

SBA’S 8(A) BUSINESS DEVELOPMENT PROGRAM- WHAT IS THE 8(A) PROGRAM AND WHAT IS IT INTENDED TO DO? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small...more

Jackson Walker

When Filing Suit in Federal Court, Don’t Forget the Key to the Courtroom Door

Jackson Walker on

Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more

Farrell Fritz, P.C.

For Want of a Penny: Business Divorce Case Almost Makes it Into Federal Court

Farrell Fritz, P.C. on

“I will not seek or accept an award in excess of $74,999.99, inclusive of punitive damages, attorney’s fees and the fair value of any injunctive relief.”...more

Allen Matkins

What Does California's LLC Alter Ego Statute Have To Do With A Delaware Corporation?

Allen Matkins on

Mr. Clapper is a California resident and the President, Chairman, and controlling shareholder of ScanX, a Delaware corporation with its principal place of business in California. Mr. Carlson and Carlson Produce, LLC, an...more

Proskauer Rose LLP

Regulation Round Up - May 2018

Proskauer Rose LLP on

30 April - BEIS published a consultation paper seeking views on proposals to reform the laws relating to all UK limited partnerships. The key proposals are: - a requirement for all presenters to be registered with an...more

Husch Blackwell LLP

Personal Jurisdiction And LLCs – Does Citizenship Matter?

Husch Blackwell LLP on

When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more

Butler Weihmuller Katz Craig LLP

Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It matters during discovery. It even matters after summary judgment. Jurisdiction matters because federal courts...more

Womble Bond Dickinson

The Case for a Unified Approach to Corporate and LLC Citizenship

Womble Bond Dickinson on

Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory...more

Allen Matkins

Does An LLC Maintain Its Records At Its Designated Office When They Are In The Cloud?

Allen Matkins on

Section 17701.13 of the California Corporations Code requires that a limited liability company designate and continuously maintain in California both an office and an agent for service of process. The office need not be a...more

Blank Rome LLP

Third Circuit Challenges Supreme Court to Reconsider Whether an LLC’s Citizenship Should Be Based on Its Members

Blank Rome LLP on

Action Item: An LLC’s state of organization and principal place of business are legally irrelevant for purposes of determining diversity jurisdiction in the Third Circuit. Despite the practical difficulties this law imposes...more

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