The U.S. Supreme Court’s 2014 decision in Daimler v. Bauman has been recognized as a watershed in the law of personal jurisdiction. In Daimler, the court held that absent exceptional circumstances, due process prohibits courts from exercising personal jurisdiction over a corporation that is neither incorporated nor maintains its principal place of business in the forum. Daimler has required state and federal courts to dismiss scores of civil actions against foreign and out-of-state companies that previously would not have had viable motions to dismiss. The decision has also shifted the spotlight in civil litigation to specific personal jurisdiction, as litigants argue about the application of that more limited type of jurisdiction to cases where general jurisdiction can no longer be sustained.

But in addition to having a momentous effect on civil litigation, could Daimler also affect criminal investigations? The answer is yes—at least in the case of Bank of Nova Scotia subpoenas issued by prosecutors to obtain information held outside the U.S. by foreign financial institutions having a domestic presence. Like civil plaintiffs suing companies neither incorporated nor headquartered in the forum, federal prosecutors may no longer be able to rely on general personal jurisdiction in order to enforce these subpoenas, but instead will have to establish specific jurisdiction. This may complicate and restrict, although not eliminate, their availability.

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