When CarePoint initially filed its lawsuit in 2022, its counsel was informed that Proskauer had previously worked for CarePoint, and it raised concerns about whether the law firm could have been privy to sensitive information relevant to the case. In response, RWJBarnabas’ antitrust counsel assured CarePoint’s legal team that the antitrust case was entirely unrelated to Proskauer’s previous representation.
However, CarePoint now argues that Proskauer’s current strategy has explicitly involved the use of the very information the law firm obtained from its earlier work for CarePoint. The firm is reportedly attempting to unearth evidence that CarePoint and its founders misused funds, which CarePoint claims amounts to a conflict of interest.
The lawsuit accuses RWJBarnabas of conspiring to monopolize the provision of acute care services in northern New Jersey, allegedly leading to the destruction of competition in the region’s healthcare market. CarePoint’s filing argues that the prior representations should bar Proskauer from continuing in the case, as the law firm is using confidential insights to assist in Barnabas’ defense.
