Vol 15 (2018) - Issue 4

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Personal Jurisdiction: The Second Circuit Provides Some Peace of Mind to Foreign Entities with No Minimum Contacts with the US

While many are familiar with 'subject-matter jurisdiction', which refers to a Court’s authority to hear a case or controversy before it, perhaps fewer deal with 'personal jurisdiction', which refers to the Court’s authority to render a decision against a particular defendant. However, strategic considerations regarding personal jurisdiction can ultimately be the difference between a lawsuit being dismissed or judgment entered. Indeed, absent minimum contacts with a forum or consent, a Court cannot enter a judgment against a defendant. See Int’l Shoe v Washington, 326 U.S. 310 (1945). In SPV Osus Ltd. v UBS AG, 882 F.3d 333 (2d Cir. 2018) ('SPV Osus'), another decision stemming from the endless Bernie Madoff saga, the United States Court of Appeals for the Second Circuit (the 'Second Circuit') provided helpful guidance with respect to this concept.