U.S. Co-authors: Anne M. Rodgers (Houston), Todd M.
Sorrell (Los Angeles) and Mark A. Robertson (New York)
When conducting business abroad, most enterprises,
businesspeople and investors realize they may be subject to legal
action in the jurisdictions where they do business if a dispute
arises out of that activity. What constitutes carrying on business
in the United States or Canada could, however, surprise many
For example, depending on the facts, North American courts may
take jurisdiction over a dispute where a foreign defendant releases
goods into commerce that find their way to North America, has a
website used for transacting business in the US over the Internet,
or markets a technology developed in Canada by a Canadian
In addition, people and companies with no connection whatsoever
to North America are sometimes, unfortunately, sued there.
Regardless of the circumstances, there are ten practical steps
to take if you or your company receives notice that you've been
named as a defendant in a proceeding in North America.
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Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South
Africa (incorporated as Deneys Reitz Inc) and Fulbright &
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The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should be
sought about your specific circumstances.
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