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Personal Jurisdiction Based on Internet Presence, E-mail, Instant Messaging and Other E-Contacts

Leveraging the Evolving Minimum Contact Standards in Commercial Litigation

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Wednesday, January 27, 2010
Recorded event now available

This CLE webinar will discuss the evolving standards for personal jurisdiction arising from e-contacts, how these standards are being applied in various situations, and best practices for company counsel seeking to minimize the risk of being sued in far-flung jurisdictions.

Description

The Internet has changed the way courts look at the issue of personal jurisdiction over defendants being sued in a particular forum. Courts must now wrestle with personal jurisdiction issues involving electronic contacts such as websites, e-mails and instant messaging (e-contacts).

As a general rule, passive websites create no personal jurisdiction. Active sales websites can establish jurisdiction if sales are not de minimus. These cases are extremely fact specific, grey areas abound, and standards evolve as the law struggles to keep up with new-generation technology.

For torts such as defamation or trademark infringement, personal jurisdiction can be found even without sales in the jurisdiction. Several recent cases have addressed the difficult issues in cloud computing — shared files, off-site data centers and complicated methods to increase internet traffic.

Listen as our authoritative panel of attorneys discusses the evolving standards of personal jurisdiction involving e-contacts and litigation trends addressing electronic technology.

Outline

Application of minimum contact standards to e-contacts
1. Website presence
2. E-mails
3. Instant messaging
4. Cloud computing
Application of standards in internet tort cases
1. Defamation
2. Trademark infringement

Benefits

The panel will review these and other key questions:

What types of Internet presence constitute minimum contacts to confer personal jurisdiction?
How have the courts applied the minimum contacts standards to defamation and trademark infringement cases?
Are cloud computing and search engine optimization setting the stage for the next battleground over personal jurisdiction?

Faculty

David Enzminger, Partner
O'Melveny & Myers, Los Angeles

He is a member of the Intellectual Property and Technology Practice within the Litigation Department. He has extensive technology litigation experience, with an emphasis on patent, trade secret, trademark, and antitrust matters.

Robert Friedman, Partner
Sheppard Mullin Richter & Hampton, New York

He focuses his practice on commercial litigation matters and he has particular experience in securities litigation, internal investigations, corporate trust litigation, real estate litigation, director and officer liability, bankruptcy litigation, restrictive covenants and intellectual property. He represents financial institutions, technology companies, internet marketers and litigation trustees.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, ID, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $123.50
Available 24 hours after the live event