Kramer Levin successfully obtained dismissal of all claims against its client, Rapid Tax Return, an internet-based tax preparation start-up company. Kramer Levin was retained by RTR after rival Midsummer Financial Services, another internet-based tax return preparation service, obtained a temporary restraining order freezing RTR's assets based on allegations of trade secret misappropriation and other claims. In less than forty-eight hours, the Kramer Levin team prepared opposition papers showing that there was no merit to MFS's allegations and successfully defeated MFS's request for a preliminary injunction and vacated a temporary restraining order that would have shut down RTR during the height of the tax season. The Kramer Levin team moved to quickly unfreeze RTR's bank accounts and then proceeded to move to dismiss all claims brought by MFS. After hearing oral argument from Vito DeBari, Judge Helen Freedman of the Commercial Division of the New York Supreme Court granted RTR's motion to dismiss all claims, finding that, as a matter of law, MFS has no protectable trade secrets.
The Kramer Levin team consisted of Jonathan Caplan, Vito DeBari and Aaron Frankel. Rachel Manne, Marcus Colucci and Jason Stowe provided invaluable assistance.