Commercial Division Update: Personal Jurisdiction Based on Digital Presence

Publication April 20, 2017

When a lawsuit involves an out-of-state defendant, an initial focus by New York courts frequently is whether the New York long-arm statute provides for personal jurisdiction over the foreign defendant. C.P.L.R. Section 302(a)(1) provides for such jurisdiction where the defendant “transacts any business within the state ... “ and the claim arises out of such transaction. As more companies look to digital media as a platform to conduct business, this analysis can prove to be complex. Many foreign entities now have a significant digital presence in New York despite never physically entering the state.

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