In today’s episode, Stephanie and John discuss a recent Supreme Court decision that has the potential to upset well-settled law on the fundamental question of when a court may exercise jurisdiction over a corporate defendant. Ultimately, the decision enforced a Pennsylvania law requiring out-of-state companies that register to do business in Pennsylvania to agree to appear in Pennsylvania courts on “any cause of action” against them. The plaintiff in the case is a Norfolk Southern employee who lives in Virginia and never worked in Pennsylvania. Stephanie and John will explore the short-term and long-term effects of the Mallory decision, including whether it will lead to forum shopping and the possibility of similar cases in other states. Finally, they’ll talk about what companies should do now to minimize exposure and the very real possibility that the Pennsylvania statute will be challenged on other grounds.

You can listen to the podcast episode below or for easy access on the go, listen to the podcast on the PLUS Connect App.

The transcript for this podcast recording is available to view below.

In-the-Boardroom-with-Resnick-and-Fuller-Episode-6-Transcript-FinalDownload

Meet the Speakers:

Stephanie Resnick is a partner at Fox Rothschild, a national law firm, and is co-chair of the firm’s Directors’ and Officers’ Liability and Corporate Governance Practice Group. Consistently recognized both regionally and nationally for her skills as a business trial lawyer, Stephanie is lauded by her colleagues and peers for her strategic handling of high-stakes, complex business disputes in the federal and state courts of Pennsylvania, New York, New Jersey and beyond.
For 14 years, Stephanie has been ranked by Chambers USA as a leading litigator in Pennsylvania. She’s known for taking the lead in high stakes, bet-the-company litigation and defending corporate boards and officers in complex and protracted litigation. Stephanie is a former managing partner of Fox’s Philadelphia office and a past chair of its nationwide Litigation Department.
John Cornell Fuller is also a partner at Fox Rothschild and is the other co-chair of the firm’s Directors’ and Officers’ Liability and Corporate Governance Practice Group. John has extensive experience defending directors and officers of public and private corporations in claims stemming from the discharge of their duties and management decisions.
John handles a range of international disputes on behalf of domestic and international clients. Having earned an LL.M. in international and European Law from the University of Amsterdam, he offers clients a keen understanding of the various U.S. and foreign regulations affecting international trade, including customs and import compliance, export restrictions and U.S. sanctions programs and the Foreign Corrupt Practices Act.

You can listen to more episodes in the series below:

In the Boardroom Episode 1
In the Boardroom Episode 2
In the Boardroom Episode 3
In the Boardroom Episode 4
In the Boardroom Episode 5