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Virtual Contacts and Personal Jurisdiction

BY Robert S. Friedman
June 29, 2009

Since the 2007 New York Court of Appeals decision in Fischbarg v. Doucet, 9 N.Y.3d 375 (2007), aff'g, 38 A.D.3d 270 (1st Dept. 2007) (Fischbarg), courts in New York and around the country have continued to grapple with personal jurisdiction issues involving electronic contacts such as Web sites, e-mails and instant messages (collectively, e-contacts). In previous articles in the New York Law Journal (NYLJ) in 2007 and 2008 (see, Robert S. Friedman and Mark E. McGrath, “Think Remote, Electronic Contacts Will Keep Jurisdiction Away?”, NYLJ, June 18, 2007, Litigation Special Section, at S4, and Robert S. Friedman and Mark E. McGrath, “E-Contacts and New York's Long Arm Statute,” NYLJ, April 7, 2008, Litigation Special Section, at S3), we discussed many of the decisions of interest, and we provide an update here in this ever-evolving area.

In addition, this article analyzes how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of “cloud computing,” including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated.

'Fischbarg' Progeny

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