Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

What You Need To Know

• On November 29, 2023, the Ninth Circuit affirmed the lower court's decision in Briskin v. Shopify, limiting the court's jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair competition laws.
• This decision makes clear that web-based platforms cannot be hauled into court in every state based solely on indiscriminate data collection and tracking practices facilitated by third parties.
• In holding that Shopify is not subject to personal jurisdiction for Briskin's claims, the court did not suggest that the collection, retention, and use of consumer data can never qualify as the type of "express aiming" sufficient to establish specific jurisdiction. Thus, internet intermediaries should continue to be mindful about how or whether they target their activities toward a specific forum.