In re Cote d'Azur Estate Corp.
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The Court of Chancery granted Plaintiff's motion for the issuance of a letter of request to obtain the assistance of the central authority in Switzerland to obtain electronic data that Swiss investigators seized from the law office of defendant Dieter Neupert while investigating whether Neupert falsified evidence in a Switzerland civil proceeding, holding that Plaintiff was entitled to relief.
In granting the motion, the Court of Chancery held that Plaintiff showed that issuance of the letter of request was warranted. Specifically, the Court concluded that Plaintiff met her burden of convincing the issuing court to ask a foreign court for assistance by showing that the letter of request was targeted and appropriate, that it would be difficult to obtain the information through other means, that the crime/fraud exception to privilege issues applied, and that Neupert would not produce the discovery materials if he had them.
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