On August 10, 2021, the Ninth Circuit vacated a California district court's order certifying two nationwide classes under the Telephone Consumer Protection Act ("TCPA"). The district court had rejected the defendant's argument that, under Bristol-Myers Squibb, personal jurisdiction over the claims of non-California putative class members was lacking, reasoning that the defendant had waived that defense by not asserting it at the pleading stage. The Ninth Circuit reversed the district court's waiver decision and remanded the case to the district court for consideration of the defendant's Bristol-Myers Squibb defense in the first instance. [Note: King & Spalding represented the defendant in the Ninth Circuit.]