Antitrust-Related Recent Developments: Second Circuit Confirms Limited Nature Of General Personal Jurisdiction

Following the Supreme Court's 2014 decision in Daimler AG v. Bauman, several opinions from the United States Court of Appeals for the Second Circuit confirm the limited circumstances in which courts may exercise general personal jurisdiction over a defendant.  The Second Circuit's decisions in Waldman v. Palestine Liberation Organization, Brown v. Lockheed Martin Corp. and Gucci America, Inc. v. Weixing Li demonstrate that branch offices, employees and business registration in the forum state, standing alone, are insufficient.

In Waldman v. Palestine Liberation Organization, — F.3d — (2d Cir. 2016), the court overturned a district court's determination that personal jurisdiction was present in an action against the Palestinian Liberation Organization (PLO) and the Palestinian Authority (PA) based on attacks that occurred in Israel.  The panel held that the PLO's maintenance of an office in Washington, D.C., to promote the Palestinian cause in speeches and media