There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist letter was sent to entity A from entity B with following closing statements:

"You will not receive another cease and desist letter from this office. Should you fail to produce a confirmation in writing within twenty-four (24) hours, a lawsuit against you will be commenced immediately in the County of Santa Clara, California regardless of where or which country you are currently residing and company will pursue maximum penalty for disclosing our competitive and intellectual property information publicly or non-publicly."

What is the legality of an lawsuit filed against a foreign national in the County of Santa Clara, California when the foreign national has never resided in California nor has the means to defend himself personally there?


100% legal

The foreign individual can choose to acquiesce to the demand or be sued. If they are sued they can chose to defend the suit (e.g. by hiring a local lawyer or attending in person) or not defend it (if so, they will probably lose). If they lose the US judgement will be applied by the Indian courts and Indian assets can be seized to satisfy it.

Take this very seriously!

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