Intellectual Property Law

New Matter VOLUME 50, EDITION 3, FALL 2025

Ninth Circuit Report

ANNE-MARIE DAO
Sheppard Mullin

GREETINGS, NINTH CIRCUIT REPORT READERS! In this issue, we examine the Ninth Circuit’s recent Shopify decision, which significantly expands the doctrine of specific personal jurisdiction as it applies to e-commerce businesses and other online platforms.

BRISKIN V. SHOPIFY: Ninth Circuit Reshapes Online Jurisdiction for the Digital Age

On April 21, 2025, the Ninth Circuit issued a transformative ruling in Briskin v. Shopify, Inc.1 expanding how personal jurisdiction principles apply to e-commerce platforms accused of misusing consumer data. The decision enables consumers to bring privacy claims in California courts against out-of-state technology providers—even where those providers do not distinctly "target" California residents. The ruling, significant for digital businesses nationwide, both modernizes and expands the reach of state courts in the era of ubiquitous online commerce.

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