GEAB&P Obtains Dismissal of All Claims Against MasterCard

By Decision and Order filed on August 3, 2010, the New York Supreme Court granted summary judgment in favor of our client MasterCard. In Smartix International Corporation v. MasterCard International LLC et ano., the Court dismissed, in its entirety, plaintiff’s complaint for misappropriation of trade secrets, unfair competition, breach of contract, conversion, unjust enrichment and fraud.

Smartix commenced this action in July 2006 by filing a complaint in federal court. After MasterCard obtained a dismissal under Rule 12(b)(6) (which was affirmed on appeal by the U.S. Court of Appeals for the Second Circuit), Smartix filed a new complaint in New York state court.  In August 2009, MasterCard filed a motion to dismiss, which was converted into a motion for summary judgment by the Court. Accordingly, plaintiff’s claims against MasterCard never advanced beyond the pleading stage in either court.

Adam C. Silverstein and Allyson R. Albert defended MasterCard in all proceedings.