Personal Jurisdiction in a Virtual World

It is common knowledge that the COVID-19 pandemic reshaped the U.S. economy by dramatically increasing the number of remote workers. What Maryland lawyers may not fully appreciate, however, is the extent to which the shift to telework altered the legal landscape for resolving employer- employee disputes. The fact that employees may work remotely significantly impacts whether personal jurisdiction exists in Maryland in employer-employee disputes involving breach of contract, violation of the Maryland Uniform Trade Secrets Act, or other workplace-related claims. To show that personal jurisdiction exists in this new virtual world, Maryland employers must take care in recruiting employees, negotiating contracts, and structuring their legal claims. Conversely, the broader availability of remote work opportunities gives employee-defendants new arguments concerning where claims must be litigated and which claims are viable. Drawing on their experience in employer-employee disputes in particular, the panelists will analyze key considerations that drive the personal jurisdiction analysis and discuss related legal topics concerning the viability of claims in the employer-employee context, with the goal of ensuring that counsel on all sides appreciate how these emerging issues may impact future decisions about how and whether to litigate.

One hour credit will be offered for the surrounding MCLE states.

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