Page:Soma v. SCB.pdf/12

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‘traditional notions of fair play and substantial justice.’” Id. (quoting Asahi Metal Indus. Co. v. Superior Court of California, 480 U.S. 102, 113 (1987)).

We therefore examine the quantity and quality of SCB’s contacts with Utah, including “prior negotiations and contemplated future consequences, along with the terms of the contract and the parties’ actual course of dealing,” Burger King Corp., 471 U.S. at 479, to determine whether the exercise of personal jurisdiction over SCB comports with due process.

In establishing Soma’s account at its Hong Kong branch, SCB did the following: (1) sent by mail a signature card to Soma’s principals in Utah; (2) sent two letters to Soma’s Utah bank soliciting signature verification; (3) initiated fourteen other “written communications” with Soma concerning Soma’s account with SCB; (4) created an account number for Soma and “acknowledg[ed] the business relationship between [SCB] and Soma at Soma’s Salt Lake City, Utah address”; and (5) created internal records of Soma’s account and maintained various documents evidencing wire transfers of funds and various other activities relating to Soma’s account with SCB. Appellant’s Br. at 6–8. Additionally, as indicated above, and not in connection with Soma’s account, SCB maintained a website; filed several UCC–1 financing statements in Utah; recorded several instruments in Utah; and filed five civil actions in Utah state courts between 1989 and 1992, seeking to protect and/or enforce various interests of SCB. Because

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