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America August 24, 2023 3 mins read

McCarter & English Malpractice Suit: The Twisted Tale of Liens, Claims, and Backdoor Deals

America ı By Rihem Akkouche

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McCarter & English Malpractice Suit

In a dramatic twist to an ongoing legal saga, McCarter & English LLP, a high-profile law firm, countered allegations of malpractice made by its former client, biotech behemoth Moerae Matrix Inc. In court on Thursday, the law firm dropped a bombshell: Moerae had secretly handed over its claims, or the proceeds thereof, to Argent Woods LLC, a shadowy litigation funder.

Claims and Counterclaims: The Heart of the Dispute

Moerae Matrix, a pioneer in treatments for fibrotic and inflammatory diseases, threw the first punch by suing McCarter & English and one of its ace attorneys, Beverly Lubit.

Their gripe? The law firm's alleged improper placement of liens on Moerae's crown jewels: its patents and intellectual property, over a disputed $800,000 in unpaid legal tabs.

The firm's actions, Moerae contends, smeared its name in the ultra-competitive biotech arena.

McCarter & English Malpractice Suit: A Tale of Debts and Reputations

Peeling back the layers, 2022 was a year of frenzied legal battles between the two parties.

This lawsuit trails on the heels of an earlier judgment, where a New Jersey state appeals court sided with McCarter & English, to the tune of $860,000, for Moerae's outstanding legal fees.

However, the biotech firm asserts that its inability to settle the fees led McCarter & English down a murky path.

Allegedly, the law firm took undue steps by involving the Delaware Department of State and the U.S. Patent and Trademark Office, asserting a false security interest in Moerae’s patent vault.

In the corridors of power and the high-stakes world of intellectual property, Moerae claims such filings were not just false but calamitous.

The fallout? An uphill battle for Moerae to secure funding, push forward clinical trials for their flagship drug, MMI-0100, and a potential roadblock in getting the coveted nod from the U.S. Food and Drug Administration.

Layers of Allegations: Beyond Malpractice

Moerae's discontent isn't just limited to legal malpractice.

They've thrown the book at their former counsel, including accusations of breach of fiduciary duty, slander of title to property, and malice in meddling with potential economic opportunities.

But McCarter & English aren't taking this lying down.

They believe Moerae was in the loop about the filings and never raised red flags at the onset.

The Legal Chessboard: Judge's Orders and Amended Answers

Last November, Judge Frank DeAngelis added a twist.

He mandated McCarter & English to unveil internal communications related to the controversial lien decisions.

Moerae, on the other hand, was directed to disclose certain communications with their new counsel, Cooley LLP.

In a recent strategic maneuver, McCarter & English updated its defense. They claim that Moerae's act of assigning its claims to Argent Woods puts a halt to its accusations.

McCarter & English Malpractice Suit: Uncertainties and Unanswered Questions

While Argent Woods remains enigmatic, both parties are gearing up for an intense showdown. Attempts to reach representatives for comments remained fruitless on Thursday.

G. Martin Meyers and Susan Singer from The Law Offices of G. Martin Meyers PC stand in Moerae's corner, while Michael K. Furey and Alyssa Musmanno of Day Pitney LLP champion McCarter & English and Lubit's cause.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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