Personal Jurisdiction

April 15, 2014

PROBLEM: Internet conferencing and email exchanges are extending the long arm of the law.

An Illinois Appellate Court recently ruled in Aasson v Delaney, that Defendants in New York, who were providing computer consulting and software implementation services to Plaintiffs in Illinois, by phone, e-mail, and Internet conferencing had purposefully reached out beyond New York to create a deliberate affiliation with an Illinois company, and that they invoked the benefits and protections of Illinois laws, such that the court had personal jurisdiction over the nonresident defendants, which required them to litigate in Illinois.

SOLUTION: Terms of any contracts or agreements should contain simple choice of forum and choice of law provisions stating where you would like your disputes to be resolved and under which state’s laws.

Download PDF