Tag Archives: Switzerland

Case of the Day: Microsoft v. Weidmann Electrical Technology

The case of the day is Microsoft Corp. v. Weidmann Electrical Technology, Inc. (D. Vt. 2016). Weidmann was a Vermont corporation with offices in St. Johnsbury. Its corporate parent was WICOR Holding AG, a Swiss company that, with its subsidiaries, is a multi-national manufacturer of medical equipment. Weidmann had a licensing agreement with Microsoft that allowed it to use multiple copies of Microsoft software and to report the number of copies in use to Microsoft. The number reported would be the basis for the royalties due under the license. The agreement gave Microsoft the right to verify compliance at its own expense using a third-party accountant. Weidmann was required to “promptly provide the accountant with any information it reasonably requests in furtherance of the verification.” Suffice it to say Microsoft wanted to do an audit, which was to take place in Switzerland and was dissatisfied with Weidmann’s cooperation. It sued, seeking specific performance.
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Case of the Day: County of Los Angeles Child Support Services v. Superior Court

The case of the day is County of Los Angeles Child Support Services Department v. Superior Court (Cal. Ct. App. 2015). Fernanda Bischoff lived in Switzerland with her child. She brought an action in the District Court of Zurich alleging that Barry Youngblood, who resided in California, was the child’s father. Youngblood was personally served with documents in the Swiss case, but he claimed that “service was defective because the unsigned Swiss order that he received was not a summons and did not identify the court action, the location of the court, how to contact the court, or the name of the issuing judge.” In any event, he did not appear in the Swiss action, and a judgment entered declaring him to be the child’s father and ordering him to pay child support, based on the testimony of Bischoff. The Los Angeles Child Support Services Department registered the Swiss judgment under the Uniform Interstate Family Support Act. Youngblood challenged the registration, asserting that the Swiss court lacked personal jurisdiction and that paternity had not been determined in the Swiss action.
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Case of the Day: Baker & McKenzie v. Frisone

The case of the day is Baker & McKenzie Zurich v. Frisone (N.Y. Sup. Ct. 2015). Baker & McKenzie had represented Anna Frisone, Vincent Savarese, and Rosalie Frisone before the IRS withe regard to “United States tax regularization for the years 2003–2008 and 2002, if required, regarding cash assets held in a Swiss bank in Lugano, Switzerland, which the defendants had failed to report to the Internal Revenue Service for a number of years.” Its claim was for unpaid invoices. It obtained a judgment for CHF 4,305 against Rosalie Frisone and for CHF 32,966 against Anna Frisone and Vincent Savarese, and it sought recognition and enforcement in New York.
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