The primary challenge in establishing territorial jurisdiction over a multi-state business lies in proving it purposefully availed itself of a specific forum state’s market—not merely operating nationally—by distinguishing between passive nationwide advertising (insufficient) and targeted, sustained commercial activities like localized contracts, dedicated sales teams, or interactive region-specific services directed at the state’s residents. Effective strategies include gathering evidence of the business’s deliberate in-state engagements—such as transaction records, tailored marketing, or employee presence—to demonstrate “minimum contacts,” while leveraging precedents where courts found jurisdiction based on digital tracking of customer locations or revenue systematically derived from the forum, thereby arguing that suing the business there aligns with fair play and substantial justice.
