PharmMD sues former senior manager

Brentwood firm accuses worker and her new employer of breach of contract, unfair competition

PharmMD Solutions has filed suit against a former member of its senior management team and her new employer, alleging the worker breached her employment contract by taking a job with a competitor and then using PharmMD’s proprietary information to compete against it.

PharmMD, founded in 2006 and based in Brentwood, provides medication therapy management services to companies across the country. In 2007 the startup company hired Denise Kehoe as vice president of business development.

According to the complaint filed in Davidson County Chancery Court, Kehoe went to work as VP of sales and marketing for PharmMD competitor PerformRX six months after termination of her employment with PharmMD in 2010. And although the new job, in itself, was a violation of several nondisclosure, non-competition and non-solicitation agreements Kehoe had signed while working for PharmMD — she then proceeded to use PharmMD’s “valuable, competitively highly sensitive, confidential, restricted and proprietary information” to benefit PerformRX.

For example, the complaint — available here — details an incident wherein workers at PerformRX accidentally copied Kehoe’s former PharmMD email address on communications containing a “ROI Analysis Spreadsheet” that was identical to one PharmMD created for a client — right down to a typo in the sidenotes. It argues a new service recently launched by PerformRX resembles a program discussed in detail at a PharmMD strategic meeting Kehoe attended. It also says Kehoe’s employment with PerformRX marked the end of “serious negotiations” between the companies about entering into a formal business relationship.

PharmMD is seeking an injunction to stop Kehoe and PerformRX from possessing, sharing or using PharmMD’s proprietary information and end Kehoe’s employment with the company, among other matters. It is seeking unspecified damages for breach of contract, unfair competition, and six related claims.

The defendants’ attorney, Frost Brown Todd’s Brian C. Neal, declined to comment on the matter. PharmMD is represented by C. Timothy Gary of Adams and Reese.