Challenging Personal Jurisdiction In Online Conduct Cases

Law360, New York (March 24, 2017, 2:43 PM EDT) -- Blaine C. Kimrey

Bryan Clark Last month, Judge Edmond Chang of the Northern District of Illinois rejected Google’s arguments that application of the Illinois Biometric Information Privacy Act (BIPA) to facial geometry scanning by Google Photos is, on its face, an improper extraterritorial application of Illinois law. See Rivera v. Google Inc., 2017 U.S. Dist. LEXIS 27276 (N.D. Ill. Feb. 27, 2017). Faced with Google’s arguments that the claims would require extraterritorial application of the statute and/or would violate the dormant commerce clause by reaching beyond state boundaries, the court essentially punted, saying that “[d]iscovery is needed to determine whether there...

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