January 3, 2017 News

Jason Gottlieb and Michael Mix Author Article on Need for Clarity for Out-Of-State Corporations Doing Business in New York after Daimler Decision

January 3, 2017 - Jason Gottlieb and Michael Mix authored the article “Registration and Jurisdiction After 'Daimler': Awaiting Clarity”, that appeared in the New York Law Journal on December 30, 2016.

The article examines New York state law that requires an out-of-state corporation doing business in New York to register with the Secretary of State. For years, New York courts held that such registration constituted "consent" to personal jurisdiction in New York for all purposes. However, since the U.S. Supreme Court’s landmark 2014 decision in 'Daimler AG v. Bauman', which severely restricted the paradigm forums in which a corporation is subject to general jurisdiction, New York courts have disagreed regarding whether the doctrine of consent by registration survives 'Daimler'. New York law has become confused, and clarity is needed for plaintiffs and defendants alike.