Visa U.S.A., Inc. v. First Data Corp.
Opinion
Opinion
Hamilton, J.
AMENDED ORDER DENYING MOTION TO DISQUALIFY COUNSEL
Defendant First Data Corporation’s motion to disqualify the law firm of Heller Ehrman White & McAuliffe as counsel for plaintiff Visa came on for hearing on October 9, 2002 before this court, the Honorable Phyllis J. Hamilton presiding. First Data appeared by its counsel, Geraldine M. Alexis; Visa appeared by its counsel, M. Laurence Popofsky; and Heller appeared by its counsel, George A. Riley. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court rules as follows for the reasons stated at the hearing.
BACKGROUND
Plaintiff Visa sued defendant First Data in April 2002 for trademark infringement, dilution, and various breach of contract claims. First Data has contracted with Visa to process financial transactions on Visa’s (and other credit card companies’) behalf. First Data has recently launched a new business initiative, which will allow First Data to bypass Visa’s regulations on the processing of certain Visa-related transactions (known as “private arrangements”). Visa claims these private arrangements violate its contractual and trademark rights.