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Quintiles Transnational has sued a former vice president, alleging she violated terms of her contract in a case that reveals the oft-unseen theater of business.
The Durham company on Aug. 15 filed a federal complaint against Elaine C. Messa and Becker & Associates, which Messa joined earlier this month.
Quintiles, which provides contract research and other services to drug companies, alleges that Messa, who worked in its consulting division, violated a noncompete clause of her employment.
Becker, a rival business, induced her to do so, according to the lawsuit in U.S. District Court for the Eastern District of North Carolina.
The dispute has an extra undercurrent of tension.
Quintiles late last year contemplated buying Becker, which is based in Washington. Those talks ended in January after Quintiles rejected Becker's asking price, according to the suit.
"In the aftermath of the break-down of negotiations ... Becker made it clear that it intended to move aggressively to undermine Quintiles' business," the lawsuit states. "More specifically, Becker advised Quintiles that it was moving forward with its plan to target a member of Quintiles' senior management team."
Messa was the executive.
In an e-mail exchange with Quintiles executive Jay Norman that's included in the court records, Messa said that she did not intend to cause trouble. "As I expressed to you and as I have discussed with Becker, I have had a good career with Quintiles Consulting and I want to leave on a positive note," it read.
Neither she nor a representative from Becker responded to e-mail or phone messages for comment.
David Coman, a spokesman for Quintiles, confirmed that the company filed the lawsuit but declined to say anything further, pending the outcome of the litigation.
At Quintiles, Messa, who lives in Irvine, Calif., served as vice president of Medical Device Quality Systems. A veteran of the Food and Drug Administration, she helped customers win regulatory approval for new products.
In mid-July, she told Quintiles of her plan to join Becker effective Aug. 18. To switch companies, she got a $100,000 bump in compensation, according to the suit, putting her annual pay at Becker near $350,000.
According to terms of her employment agreement with Quintiles, Messa could not do business similar to what she did at Quintiles for six months after leaving. Such provisions are not uncommon, especially in technology or professional service industries.
In those sectors, people are often the most important assets because they have knowledge, experience and relationships that are crucial. Businesses fear that if employees leave, especially at the executive level, they might take away clients or disclose strategy or other confidential information.
Quintiles wants the court to order Messa to refrain from working for Becker for six months, to avoid any contact with Quintiles' customers and to refrain from using any of Quintiles' proprietary information.
Further, Quintiles wants an award for actual damages in excess of $75,000 from both Messa and Becker, an award for alleged punitive damages, and payment for attorneys' fees.
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