Wednesday, December 29, 2010

New York Law Journal Article re: SDNY Jurisdiction Based on Websites

SDNY Local Counsel author, Luke McGrath, and our contributing correspondent, Prof. Robert Pfeffer, were recently featured in the December 17, 2010 edition of the New York Law Journal. 

The Article, entitled, Jurisdiction.com:  New York's Longest Arm Yet?, discusses the recent Second Circuit decision, Chloe v. Queen Bee of Beverly Hills, LLC,  No. 09-3361-cv, __ F.3d __ 2010, WL 3035495 (Aug. 5, 2010).  Our authors posit that, after Chloe, case law in New York is now consistent:  there is clearly long-arm jurisdiction based upon "active" websites and clearly no such jurisdiction based purely on passive websites that allow no user interaction and are no more than a web-based image containing information (which, for example, do not allow a user to input information, or purchase merchandise or services).

A copy of the article (copyright The New York Law Journal), is available on-line from the New York Law Journal:  http://www.law.com/jsp/nylj/index.jsp

SDNY Local Counsel and Prof. Pfeffer will post further offerings on jurisdictional issues in the future.