The case of the day is EFG Bank AG, Cayman Branch v. AXA Equitable Life Insurance Co. (S.D.N.Y. 2018). The judge had previously denied a motion by EFG, a Swiss bank, for a protective order that would have required AXA to seek discovery of information located in Switzerland via the Hague Evidence Convention. EFG sought reconsideration.
The case of the day is Fuhr v. Credit Suisse AG (11th Cir. 2017). Tim Fuhr claimed to be the heir of Dr. Ambrosius Wolfgang Bäuml, the last heir of the Wertheim family. Fuhr’s investigator, Gerda Mangliers, received from Renate Sgier, a Credit Suisse official, information about a Credit Suisse account that Mangliers claimed Bäuml owned. But Credit Suisse then stopped providing information, claiming it had learned that Bäuml did not own the account after all. Fuhr wrote letters to third parties alleging that Luis Marimón Garnier, a former Deutsche Bank officer, had wrongly diverted funds from the Credit Suisse account to a Deutsche Bank account. Marimón then sued Fuhr for defamation in Germany, and he brought a § 1782 application in Miami. The…
Tagged: 1782, Switzerland
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…