GEAB&P Obtains Dismissal of Federal Lawsuit Against MasterCard International Incorporated

On September 20, 2008, Judge George B. Daniels of the United States District Court for the Southern District of New York granted GEAB&P’s motion to dismiss a lawsuit filed against MasterCard International Incorporated by one its former vendors. The lawsuit, which was also brought against MBNA America Bank, N.A. and one of the former vendor’s former employees, sought up to $500 million in damages for alleged violations of the Computer Fraud and Abuse Act, the Lanham Act and the Racketeer Influenced Corrupt Organization Act, as well as for claims under state law. The former vendor alleged, in effect, that MasterCard, MBNA and the former vendor’s former employee conspired to steal all of the former vendor’s proprietary trade secret information. Judge Daniels agreed with GEAB&P that, even if the former vendor’s allegations were true (which all defendants denied), the former vendor had failed to state any federal claim against MasterCard (or any other defendant) and thus dismissed the action in its entirety. Partners Martin S. Hyman and Adam C. Silverstein, who argued the motion, spearheaded the firm’s effort on behalf of MasterCard.