Federal courts are already recognizing the apparent breadth of the Ninth Circuit's newly articulated approach to personal jurisdiction over interactive websites. Accordingly, online platforms and service providers should consider whether their business practices'such as their cookies and other analytical tools'could increase the risk they will be subject to personal jurisdiction in California under Briskin.
Last month, in Briskin, the Ninth Circuit concluded that it could exercise specific personal jurisdiction over Shopify, an e-commerce company. Briskin v. Shopify, Inc., No. 22-15815, 2025 WL 1154075, at *14 (9th Cir. Apr. 21, 2025) (en banc) (citing Ford Motor Co. v. Mont. Eighth Jud. Dis., 592 U.S. 351, 359 (2021)). The California plaintiff brought a putative class action against Shopify (a foreign corporation) asserting privacy-related claims in connection with his California purchase of clothing from a California retailer. Id. at *3. Plaintiff alleged that Shopify installed permanent cookies on his device and without his knowledge or consent, tracked his location, collected his online shopping data, and created and marketed a consumer profile containing his data. Id.
The Ninth Circuit reversed the lower court's finding that it did not have personal jurisdiction, applying "traditional personal jurisdiction precedent to the ever-evolving world of e-commerce." Id. Under the Calder test, a court may exercise personal jurisdiction over a defendant where it...
